Casey B. Howard

Casey Howard regularly represents financial institutions and service providers in both litigation and transactions involving securitizations.

Casey's experience as both a litigator and transactional attorney in the securitization industry allows him to provide clients a unique prospective. When consulting on transactions, Casey is able to effectively assess and manage litigations related to securitized collateral. Conversely, when litigating a securitization deal, Casey's understanding of the underlying deal documents provides him a substantial advantage over adversaries who lack transactional experience.

In his litigation practice, Casey represents trustees, servicers and master servicers in disputes related to Collateralized Loan Obligations, Collateralized Debt Obligations, Commercial Mortgage Backed Securities and Residential Mortgage-Backed Securities (RMBS). Casey has litigated before all federal, bankruptcy and state courts in New York. As part of his litigation practice, serving as lead counsel for a national bank, he obtained the dismissal of $500 million in claims against that bank in a single suit. Casey currently manages several litigations related to RMBS securitizations with amounts at issue exceeding $2 billion. Casey has participated in more than a dozen jury trials before the New York state and federal courts in disputes concerning securitization agreements, real estate transactions, reinsurance agreements, mortgage fraud and maritime disputes.

In his transactional practice, Casey advises financial institutions and service providers on transactions related to CMBS, RMBS, CLOs and CDOs. This work includes advising clients on their rights and obligations in redemptions, amendments and restructurings of those transactions.

Outside of his securitization practice, Casey also advises creditors in all aspects of bankruptcy-related disputes. Additionally, Casey represents a number of tech-focused companies, including entertainment media companies, advertising agencies and cryptocurrency/blockchain-focused businesses, providing them general advice on corporate structuring, fund raising, intellectual property, employment and litigation issues.

Casey's experience includes:

• As lead counsel, obtained dismissal of indenture trustee from suit seeking recovery of $500 million from indenture trustee brought by a Lehman Brothers subsidiary in the context of Lehman Brothers Holding Inc. Chapter 11 case
• Defended top American financial institution against RMBS-related fraud investigation by the U.S. Department of Justice
• Obtained dismissal of breach of indenture claims seeking $100 million in damages against indenture trustee client
• As lead counsel, negotiated settlement on behalf of municipal construction company in prevailing wage class action law suit brought by plaintiff class of more than 400 workers
• As lead counsel, obtained dismissal of suit against national workers compensation reinsurance pool brought by member reinsurance company in national dispute over workers compensation reinsurance premiums
• Represented RMBS servicer through Second Circuit appeal obtaining affirmation of dismissal of fraud and breach of contract claims