Telecommunications

Representative Experience

  • Representing, in the District of Columbia, of a creditor in a federal suit against the FDIC in its capacity as receiver for a failed national bank. The lawsuit seeks compensatory damages of more than $24 million, under the federal Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA), resulting from the FDIC’s repudiation of a comprehensive, multi-year telecommunications contract between the carrier and the bank. The case presents a number of complex legal issues, including the recoverability of certain categories of damages under FIRREA, and involves extensive engagement in e-discovery activities. The case is pending.
  • Successfully obtained full payment of creditor’s claim after extensive litigation in the Bankruptcy Court for the Middle District of Florida in which client won a multitude of litigated matters, including obtaining the remand (following removal to the Bankruptcy Court by the Debtor) to the Florida state court of the debtor’s appeal of an arbitration award issued in the client’s favor, defense of the debtor’s motion to disqualify the creditor’s vote on the grounds of alleged bias, and the blocking of confirmation of a Plan that failed to provide the required treatment for the client under the Bankruptcy Code.
  • National representation, since 2001, of a Fortune 100 telecommunications company that is a significant trade creditor, and frequent litigation defendant, in numerous corporate bankruptcy cases filed across the United States. Through this representation, Mr. White has developed particular expertise in bankruptcy issues relating to public utilities and counterparties to executory contracts with a debtor. Issues frequently arising in his bankruptcy work include the securing of deposits, pre-payments and other adequate assurance of performance from extremely high-volume utility service customers, the obligation to cure contract defaults when a debtor assumes and/or assigns its assets to a purchaser, responding to claim objections filed by debtors, and defending suits for the recovery of allegedly preferential pre-petition payments. The work that Mr. White performs for this client has included the defense of at least 75 suits for the avoidance and recovery of alleged preferences and fraudulent transfers, as well as motions for contempt and seeking sanctions based on alleged violations of the automatic stay or discharge injunction.
  • Successfully obtained dismissal by the Bankruptcy Court for the District of New Jersey, on a Motion to Dismiss, of 10-count, multimillion dollar Complaint filed by the debtor on the basis that Complaint failed to comply with the heightened pleading standards recently announced by the United States Supreme Court.
  • Acting as lead counsel for bankruptcy trustee in his effort, along with his co-plaintiff the United States of America, to force payment of capital gains taxes due in connection with sale of business by obtaining judicial determination that security grant to certain noteholders should be deemed a fraudulent transfer or that the amount due to them should be equitably subordinated to the more than $45 million due to taxing authorities. Case is awaiting disposition in trial court.
  • Successfully represented a major wireless telecommunications provider in lawsuits against various governmental entities for claims arising under the Telecommunications Act of 1996. Lawsuits have resulted in more than 2 dozen federal court orders or settlements requiring that permits be issued for the placement of wireless telecommunications facilities.
  • Represented two large telecommunications companies in successful negotiations with debtor to have bankruptcy court defer ruling to the D.C. Circuit Court of Appeals on issue of first-impression with broad implications in developing and emerging telecommunications technologies. In re CommPartners, et al., 10-20932 (Bankr. D. Nev.)
  • Successfully represented, in the Southern District of New York, a national telecommunications carrier in litigation challenging the validity and enforceability of security interests asserted by the lenders to a debtor in bankruptcy, based on provisions of the Bankruptcy Code, the Uniform Commercial Code and rulings by the Federal Communications Commission.
  • Actively negotiated over 50 cable franchise agreements for Verizon Communications in New York and Pennsylvania.
  • Represented a Fortune 100 telecommunications company in negotiating cable television franchise agreements throughout New York. Involved in all aspects of the franchising process including negotiating and lobbying franchise agreements with municipalities and appearances at contested public hearings.
  • Advised leading American provider of land registration and property tax management systems on its operations in Ukraine.
  • Over the course of nine years, represented a series of three Sprint PCS network partners with respect  to their affiliation agreements with Sprint. Advised the clients with respect to all aspects of the contractual relationships and  represented two of the affiliates in the ultimate sale of their businesses.
  • Represented Gulf Coast Wireless Limited Partnership, a regional wireless telecommunications company, in the $287.5 million sale of its business to a national strategic partner.
  • Served as lead counsel in a $125 million registered offering of notes for regional telecommunications company, Horizon PCS Inc.
  • Successfully represented Chapter 11 Trustee in multiple avoidance actions resulting in meaningful recoveries to the debtors’ bankruptcy estates.
  • Successfully represented regional telecommunications company in complex telecommunications billing practices dispute involving claims for fraud, breach of contract and RICO.
  • Represented a large cable company in the Adelphia Communications Corp. bankruptcy cases. Successfully assisted the client in excising setoff rights and in procuring adequate assurance of payment as a utility provider.
  • Represented a large cable company in the WorldCom, Inc. bankruptcy cases. Successfully assisted the client in excising setoff rights and in procuring adequate assurance of payment as a utility provider.
  • Represented Horizon PCS, a wireless carrier, in the simultaneous closing of a $125 million private equity investment, a $175 million high yield bond deal, and a senior secured debt facility. This transaction funded Horizon’s business plan and permitted it to significantly expand its network territory.
  • Filed Form S-1 for proposed underwritten public offering of common stock for regional telecommunications company, Horizon PCS Inc.
  • Represented nationwide wireless phone provider nationally in numerous preference and fraudulent transfer avoidance lawsuits and contempt actions.
  • Represented Fortune 100 utility company nationally in more than 75 preference and fraudulent transfer avoidance lawsuits and numerous contempt actions.
  • Represented Liquidating Trustee in administration of liquidating plan of publicly traded telecommunications company. In re Verso Technologies, Inc., et al., Ch. 11 Case No.08-67659 (Bankr. N.D. Ga.)
  • Represented a communications technology manufacturing company with various supply agreements.
  • Represented telecom carriers in obtaining and deploying grant and loan funds from Federal programs, such as the Broadband Stimulus program of the ARRA; loans from the Rural Utilities Service of the Department of Agriculture;  and loans and grants from several FCC programs.
  • Represented telecom and technology companies in the successful purchase or sale of their business. Transactions include the acquisition of Contel by GTE ($6 billion); the sale of Horizon PCS to iPCS ($240 million); the sale of Gulf Coast Wireless to Sprint; the sale of Contel Credit to GE Capital.
  • Represented broadband, wireless and wireline carriers in debt and equity financing transactions, such as IPOs, high yield notes, venture capital and private equity investments and senior secured loans.
  • Successfully counseled  U.S. telecommunications holding company on $300 million investment by China-based bank into company’s Mexico affiliate.