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Howard Schub
Partner
27th Floor
New York, NY 10017
Howard W. Schub has practiced law for over 25 years, focusing on handling a wide range of complex commercial litigation and bankruptcy cases across the United States. He represents both corporate and individual clients in federal and state courts, dealing with various business disputes in industries such as real estate, banking, insurance, and securities. His expertise...
Howard W. Schub has practiced law for over 25 years, focusing on handling a wide range of complex commercial litigation and bankruptcy cases across the United States. He represents both corporate and individual clients in federal and state courts, dealing with various business disputes in industries such as real estate, banking, insurance, and securities. His expertise covers issues like breach of contract, business torts, valuation disputes, partnership and corporate shareholder conflicts, and breaches of fiduciary duty.
Beyond litigation, Howard has previously overseen contingency and alternative fee cases and managed relationships with litigation funders. He is also involved in alternative dispute resolution as a mediator for the Bankruptcy Court in the Southern District of New York, an arbitrator for commercial cases with the AAA, and holds certifications as an arbitrator and mediator for New York's Attorney-Client Fee Dispute Resolution Program.
covers issues like breach of contract, business torts, valuation disputes, partnership and corporate shareholder conflicts, and breaches of fiduciary duty.
Beyond litigation, Howard has previously overseen contingency and alternative fee cases and managed relationships with litigation funders. He is also involved in alternative dispute resolution as a mediator for the Bankruptcy Court in the Southern District of New York, an arbitrator for commercial cases with the AAA, and holds certifications as an arbitrator and mediator for New York's Attorney-Client Fee Dispute Resolution Program.
Experience
Representative Matters
- Principals of KABR Group, a vertically integrated private equity real estate firm, in a 13-day arbitration trial with former officer and investor.
- Largest equity holder of Quorum Health in a five-day evidentiary hearing on confirmation of the debtors' Chapter 11 plan of reorganization.
- Chapter 7 Trustee of CEVA Investments in a lawsuit against the former directors of the company for fraud and breach of fiduciary duty in connection with the transfer of CEVA's equity to an affiliate of Apollo.
- Adelphia Recovery Trust in a series of lawsuits, including a multi-billion-dollar lawsuit against several hundred financial institutions, including the largest banks in the United States, for, among other things, intentional and constructive fraudulent conveyances, fraud, equitable subordination, equitable disallowance, and aiding and abetting fraud and breach of fiduciary duty.
- Successful prosecution of more than $300 million in fraudulent conveyance claims against several national banks and insurance companies arising out of the collapse of the FoxMeyer Corporation, one of the nation's largest drugstore distribution companies.
- Successful recovery of nearly $100 million from indenture trustees on behalf of secured debt holders in Continental Airlines arising out of the trustees' breaches of fiduciary duty in failing to protect the creditors' interests in the collateral securing their debt. This case involved two trips to the New York Court of Appeals to clarify state law regarding champerty and the transfer of claims, as well as a three-week jury trial.
- Successful recovery of a tail fee on a motion for summary judgment on behalf of an investment banking firm.
- Liquidation Trustee of Hechinger, a chain of home improvement stores, in a lawsuit against the former directors and officers of the company for breach of their fiduciary duties in approving a failed leveraged buyout transaction.
- Cambridge Security Seals in trade secret litigation. Successfully obtained full dismissal of claims for false advertising and false designation of origin under the Lanham Act and state law claims for unfair and deceptive business practices and conspiracy to misappropriate trade secrets. Successfully convinced the jury that plaintiff's purported damages were overstated and persuaded the Second Circuit Court of Appeals and New York Court of Appeals that plaintiff was pursuing damages that have never been recognized under New York law.
- Former management and primary shareholders of Extended Stay Hotels in complex litigation arising from prepetition transactions.
- Official Equity Committee in the Hercules Offshore Recovery bankruptcy.
Previous Professional Experience
- Partner, New York City Law Firm (1995–2024)
- Associate, New York City Law Firm (1993–1995)
- Associate, New York City Law Firm (1990–1993)
Education
-
University of California Los Angeles School of Law,
JD
(1990)
- Associate Editor, UCLA Law Review
- Yeshiva University, BS (1987)
Admissions
- New York
- New Jersey
Practice Areas
Representative Matters
- Principals of KABR Group, a vertically integrated private equity real estate firm, in a 13-day arbitration trial with former officer and investor.
- Largest equity holder of Quorum Health in a five-day evidentiary hearing on confirmation of the debtors' Chapter 11 plan of reorganization.
- Chapter 7 Trustee of CEVA Investments in a lawsuit against the former directors of the company for fraud and breach of fiduciary duty in connection with the transfer of CEVA's equity to an affiliate of Apollo.
- Adelphia Recovery Trust in a series of lawsuits, including a multi-billion-dollar lawsuit against several hundred financial institutions, including the largest banks in the United States, for, among other things, intentional and constructive fraudulent conveyances, fraud, equitable subordination, equitable disallowance, and aiding and abetting fraud and breach of fiduciary duty.
- Successful prosecution of more than $300 million in fraudulent conveyance claims against several national banks and insurance companies arising out of the collapse of the FoxMeyer Corporation, one of the nation's largest drugstore distribution companies.
- Successful recovery of nearly $100 million from indenture trustees on behalf of secured debt holders in Continental Airlines arising out of the trustees' breaches of fiduciary duty in failing to protect the creditors' interests in the collateral securing their debt. This case involved two trips to the New York Court of Appeals to clarify state law regarding champerty and the transfer of claims, as well as a three-week jury trial.
- Successful recovery of a tail fee on a motion for summary judgment on behalf of an investment banking firm.
- Liquidation Trustee of Hechinger, a chain of home improvement stores, in a lawsuit against the former directors and officers of the company for breach of their fiduciary duties in approving a failed leveraged buyout transaction.
- Cambridge Security Seals in trade secret litigation. Successfully obtained full dismissal of claims for false advertising and false designation of origin under the Lanham Act and state law claims for unfair and deceptive business practices and conspiracy to misappropriate trade secrets. Successfully convinced the jury that plaintiff's purported damages were overstated and persuaded the Second Circuit Court of Appeals and New York Court of Appeals that plaintiff was pursuing damages that have never been recognized under New York law.
- Former management and primary shareholders of Extended Stay Hotels in complex litigation arising from prepetition transactions.
- Official Equity Committee in the Hercules Offshore Recovery bankruptcy.
Previous Professional Experience
- Partner, New York City Law Firm (1995–2024)
- Associate, New York City Law Firm (1993–1995)
- Associate, New York City Law Firm (1990–1993)
Media
Howard W. Schub has practiced law for over 25 years, focusing on handling a wide range of complex commercial litigation and bankruptcy cases across the United States. He represents both corporate and individual clients in federal and state courts, dealing with various business disputes in industries such as real estate, banking, insurance, and securities. His expertise... covers issues like breach of contract, business torts, valuation disputes, partnership and corporate shareholder conflicts, and breaches of fiduciary duty.
Beyond litigation, Howard has previously overseen contingency and alternative fee cases and managed relationships with litigation funders. He is also involved in alternative dispute resolution as a mediator for the Bankruptcy Court in the Southern District of New York, an arbitrator for commercial cases with the AAA, and holds certifications as an arbitrator and mediator for New York's Attorney-Client Fee Dispute Resolution Program.
Experience
The following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.Representative Matters
- Principals of KABR Group, a vertically integrated private equity real estate firm, in a 13-day arbitration trial with former officer and investor.
- Largest equity holder of Quorum Health in a five-day evidentiary hearing on confirmation of the debtors' Chapter 11 plan of reorganization.
- Chapter 7 Trustee of CEVA Investments in a lawsuit against the former directors of the company for fraud and breach of fiduciary duty in connection with the transfer of CEVA's equity to an affiliate of Apollo.
- Adelphia Recovery Trust in a series of lawsuits, including a multi-billion-dollar lawsuit against several hundred financial institutions, including the largest banks in the United States, for, among other things, intentional and constructive fraudulent conveyances, fraud, equitable subordination, equitable disallowance, and aiding and abetting fraud and breach of fiduciary duty.
- Successful prosecution of more than $300 million in fraudulent conveyance claims against several national banks and insurance companies arising out of the collapse of the FoxMeyer Corporation, one of the nation's largest drugstore distribution companies.
- Successful recovery of nearly $100 million from indenture trustees on behalf of secured debt holders in Continental Airlines arising out of the trustees' breaches of fiduciary duty in failing to protect the creditors' interests in the collateral securing their debt. This case involved two trips to the New York Court of Appeals to clarify state law regarding champerty and the transfer of claims, as well as a three-week jury trial.
- Successful recovery of a tail fee on a motion for summary judgment on behalf of an investment banking firm.
- Liquidation Trustee of Hechinger, a chain of home improvement stores, in a lawsuit against the former directors and officers of the company for breach of their fiduciary duties in approving a failed leveraged buyout transaction.
- Cambridge Security Seals in trade secret litigation. Successfully obtained full dismissal of claims for false advertising and false designation of origin under the Lanham Act and state law claims for unfair and deceptive business practices and conspiracy to misappropriate trade secrets. Successfully convinced the jury that plaintiff's purported damages were overstated and persuaded the Second Circuit Court of Appeals and New York Court of Appeals that plaintiff was pursuing damages that have never been recognized under New York law.
- Former management and primary shareholders of Extended Stay Hotels in complex litigation arising from prepetition transactions.
- Official Equity Committee in the Hercules Offshore Recovery bankruptcy.
Previous Professional Experience
- Partner, New York City Law Firm (1995–2024)
- Associate, New York City Law Firm (1993–1995)
- Associate, New York City Law Firm (1990–1993)
Education
-
University of California Los Angeles School of Law,
JD
(1990)
- Associate Editor, UCLA Law Review
- Yeshiva University, BS (1987)
Admissions
- New York
- New Jersey
Practice Areas
- Construction and Construction Transactions
- Commercial Litigation & Business Torts
- Bankruptcy & Insolvency Related Litigation
- Litigation
- Corporate & Securities
- Energy
- Healthcare
Industries
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