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Overview

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 directors’ and officers’ liability, insurance coverage, professional liability, fraudulent conveyances, and asset-backed securities disputes.  Among other significant matters, Kyle represented Freddie Mac in a $1 billion lawsuit against Deloitte & Touche that settled on the eve of trial. 

In mortgage-backed securities (MBS) matters, Kyle represents holders of MBS to maximize recoveries on their investments through litigation and settlement. His experience in asset-backed securities litigation dates back more than a decade to his work on the National Century Financial Enterprises (NCFE) multidistrict litigation, which arose from what the U.S. government at the time called the largest private company fraud in history.

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.

Experience

Representative Matters

  • ITT Educational Services.  Represent Trustee of ITT bankruptcy estates against Deloitte & Touche for its services as auditor of ITT, which collapsed into bankruptcy in September 2016.
  • Biopharmaceutical disputes. Represented early-stage biopharmaceutical companies in their contractual disputes with an acquiring international drug company and a licensing university.
  • 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 v. Deloitte. Represented Freddie Mac in litigation against Deloitte in which Freddie Mac alleged over $1 billion in damages resulting from Deloitte’s flawed audits of Taylor Bean & Whitaker Mortgage Corp. (TBW), which was the largest independent mortgage lender in the United States that collapsed into bankruptcy in 2009. The litigation settled on the eve of trial.
  • Insurance coverage litigation. Represented claimant in insurance coverage litigation against several U.S.-based and international insurance companies. Client was the only one of four claimants to obtain a recovery.
  • MBS put-back and securities fraud litigation. Represent 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.

Prior to joining McKool Smith:

  • 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.

Recognition

Rankings & Honors

  • Recognized for commercial litigation in New York by Chambers USA, 2017 and 2018

Affiliations

Community & Professional Activities

  • Member, Environmental Law Committee, Association of the Bar of the City of New York

Media & Events

Education

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

Court Admissions

  • 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

Bar Associations

  • State Bar of New York
  • The Association of the Bar of the City of New York
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