Kevin J. Biron focuses on complex commercial litigation. In addition, he regularly represents clients in connection with restructurings of derivatives and structured finance transactions. Kevin has experience litigating in federal and state courts, resolving claims through mediations and other forms of alternative dispute resolution, and representing debtors and creditors in bankruptcy cases and related actions. He regularly advises clients with respect to their rights and obligations in connection with complex financial transactions.
Extended Profile
Kevin’s transactional experience includes representing clients in connection with restructurings of structured finance and derivatives transactions, trust terminations, resecuritizations, and amendments to securitization agreements.
As part of his corporate trust practice, Kevin advises trustees and other trust administrators on aspects of transaction administration and related legal and regulatory issues. He also represents those clients in litigations and trust instruction proceedings. Kevin is currently representing the trust and agency services group of a large international bank in connection with its worldwide LIBOR transition project. In the complex commercial litigation arena, he represents clients in a wide-range of litigations, including cases involving securitization transactions, contract disputes, bankruptcy litigation, and claims arising under the False Claims Act. Kevin’s restructuring experience includes representing a monoline insurer in numerous transactions that resulted in the commutation of billions of dollars of aggregate structured finance exposure.
selected representations
Defending RMBS trustee in lawsuit arising from 2007 financial crisis
Representing the trust and agency services group of a large international bank in connection with its worldwide LIBOR transition project
Representing CMBS trustee in trust instruction proceedings concerning waterfall disputes, trust liquidations, proposed amendments, settlements, and the allocation of realized losses
Obtained dismissal of lawsuit under the federal False Claims Act and analogous state laws alleging over $1 billion in damages
Obtained $10.5 million judgment on behalf of a monoline insurer in action concerning the payment due following the early termination of a swap transaction
Secured summary judgment victory on behalf of investors in action concerning whether collateral manager of a securitization transaction had the right to reinvest over $64 million in collateral proceeds
Secured summary judgment victory on behalf of CDO noteholders in interpleader action concerning the proper distribution of funds held by indenture trustee
Obtained dismissal of fraudulent transfer and unjust enrichment claims asserted by Chapter 7 bankruptcy trustee against real estate management company
Education
The University of Georgia School of Law, 2002, Juris Doctor, summa cum laude
University of Connecticut, 1997, Bachelor of Arts, magna cum laude
Admissions
New York
US Court of Appeals for the Second Circuit
US Court of Appeals for the Sixth Circuit
US District Court for the Eastern District of New York
US District Court for the Southern District of New York
US District Court for the Eastern District of Michigan
Awards and Affiliations
New York Metro Rising Star, Super Lawyers (2014)
Member, American Bar Association
Member, New York State Bar Association
Member, New York City Bar Association
Editor, Georgia Law Review, University of Georgia School of Law
Member, Order of the Coif, University of Georgia School of Law
