Kyle Lonergan is a Principal in the New York office of McKool Smith. Kyle focuses on complex commercial litigation and bankruptcy litigation. Kyle has handled significant matters in a number of areas, including fraudulent conveyances, directors’ and officers’ liability, professional liability, insurance coverage, and a wide range of financial and contractual disputes. Currently, among other matters, Kyle is representing the litigation trustees of major commercial bankruptcy estates in pursuing hundreds of millions of dollars of claims against numerous parties.
Kyle’s work on behalf of his clients has received extensive press coverage in national, regional, and local publications. His courtroom successes have been covered by the Wall Street Journal, The Financial Times, Bloomberg, Law360, the American Bankruptcy Institute, and the New York Law Journal, among other publications. Kyle also has been recognized by Chambers USA, and has been included in every edition of Lawdragon's 500 Leading Plaintiff Financial Lawyers.
Kyle has also handled several pro bono matters involving environmental issues. He has represented the Natural Resources Defense Council (NRDC) and other environmental groups in litigation that has resulted in significant protections for some of the country’s most important national parks, including Everglades National Park in Florida and Grand Teton National Park in Wyoming.
Kyle also serves as an Emeritus Member, and former Co-Chair, of the New York City Development Council for U.S. Soccer, whose members serve as ambassadors and fundraisers for U.S. Soccer.
- Tops. Represent the Trustee of the Tops bankruptcy estate in pursuing hundreds of millions of dollars of claims against the former owners and directors of the Tops grocery chain who orchestrated, authorized, and received illicit dividends from the company.
- Millennium. Represent the Trustee of the Millennium bankruptcy estate in pursuing hundreds of millions of dollars of claims against several major banking institutions who misled investors in a syndicated loan and received fraudulent transfers from the company. Settled case against big four accounting firm.
- ITT Educational Services. Represented the Trustee of the ITT bankruptcy estate in pursuing hundreds of millions of dollars of claims against numerous entities in connection with a private student loan program. Settled matters with financial institutions and big four accounting firm.
- M&A Litigation. Represent international private security company in pursuing claims against investment funds in connection with M&A transaction.
- Biopharmaceutical disputes. Represent early-stage biopharmaceutical companies in their contractual disputes with counterparties.
- Directors & officers litigation. Defended executives of music streaming service in lawsuit brought by major music label in connection with company’s bankruptcy filing.
- Freddie Mac. Represented Freddie Mac in pursuing over $1 billion of claims against big four accounting firm for its flawed audits of Taylor Bean & Whitaker Mortgage Corp. (TBW), which was the largest independent mortgage lender in the United States before it collapsed into bankruptcy. Settled case on the eve of trial.
- Insurance coverage litigation. Represent claimants in insurance recovery litigation against U.S.-based and international insurance companies.
- MBS put-back and securities fraud litigation. Represented investors in connection with their efforts to maximize recoveries on their MBS holdings through litigation and settlement.
- Ocala Funding LLC litigation. Defended party against fraudulent transfer claims of over $800 million by Debtor Ocala Funding LLC and its litigation trust.
- ResCap LLC bankruptcy. Represented large creditor and MBS holder in ResCap bankruptcy proceeding, including with respect to the debtors’ $8 billion MBS settlement.
- “Pay-to-play” litigation. Represented prominent individual and his investment fund in litigation arising from the New York Attorney General’s “pay-to-play” pension fund investigation. Awarded dismissal with prejudice of all claims against clients.
- National Century Financial Enterprises (NCFE). Represented three independent directors of NCFE in multidistrict litigation arising from what the U.S. government at the time called the largest private company fraud in history.
- Viacom, Paramount, and Sumner Redstone. Represented Viacom, Paramount, and Sumner Redstone in federal and state antitrust actions alleging horizontal and vertical conspiracies and price discrimination. Awarded directed verdict after trial in federal action.
- British Energy. Represented British Energy in arbitration concerning power purchase contract. Final award issued in favor of client, denying all of plaintiff’s claims.
- The Blackstone Group. Represented The Blackstone Group in contract dispute with potential franchisee.
Rankings & Honors
- Recognized among Lawdragon's 500 Leading Plaintiff Financial Lawyers (2019-2022)
- Recognized for commercial litigation in New York by Chambers USA, 2017 and 2018
Community & Professional Activities
- Member, Bankruptcy Litigation Committee, American Bankruptcy Institute
- Member, National Association of Bankruptcy Trustees
Media & Events
- McKool Smith client, Tops Litigation Trust, prevails with NY Judge allowing lawsuit against Morgan Stanley to proceed10.13.2022
- 19 McKool Smith Principals Recognized in Lawdragon's 2022 Guide to the 500 Leading Financial Lawyers07.08.2022
- 16 McKool Smith Principals Recognized in Lawdragon's 2021 guide to the 500 Leading Plaintiff Financial Lawyers08.18.2021
- Kyle Lonergan quoted in Law360's article, "Morgan Stanley Tells Court It Sold A Solvent Tops Markets"09.11.2020
- 16 McKool Smith Principals Recognized in Lawdragon's 2020 guide to the 500 Leading Plaintiff Financial Lawyers08.26.2020
- Media Coverage: McKool Smith Client Tops Litigation Trustee Sues Former Owners and Directors of Tops grocery chain.02.15.2020
- 14 McKool Smith Principals Recognized in Lawdragon's 2019 guide to the 500 Leading Plaintiff Financial Lawyers09.19.2019
J.D., Stanford Law School, 2000
- Associate editor, Environmental Law Journal
M.E.S., Yale School of Forestry and Environmental Studies, 1995
B.A, with Distinction, Yale University, 1992
- State of New York
- The U.S. District Courts for the Southern and Eastern Districts of New York
- The U.S. Court of International Trade
- The U.S. Courts of Appeals for the Second, Fifth and Eleventh Circuits
- The U.S. Court of Appeals for District of Columbia Circuit
- State Bar of New York
- The Association of the Bar of the City of New York