Brendan J. Carosi

Brendan Carosi is a partner in the Firm’s Business Restructuring, Creditors’ Rights & Bankruptcy, Litigation and Appeals, and Banking & Financial Services Practice Groups.

Mr. Carosi has extensive experience representing financial institutions in commercial loan workout and forbearance arrangements, commercial foreclosures, Uniform Commercial Code controversies, enforcement actions, and lender liability litigation. Outside the area of creditors’ rights, Mr. Carosi has been involved in a broad array of complex commercial, contract, appellate, and other general business litigation, including business divorce and related stakeholder disputes, shareholder derivative lawsuits, fraudulent transfer and other voidable transaction litigation, and fiduciary duty matters.

Mr. Carosi also regularly assists financial institutions with structuring, negotiating, and closing commercial loan transactions, including commercial real estate loans, secured business loans, small business loans, and participations. Mr. Carosi’s creditors’ rights and lender liability experience informs the practical advice he provides financial institutions in connection with these commercial lending transactions.

Representative Accomplishments

• Successfully represented more than 150 medical practitioners in over 50 New York State lawsuits concerning entitlement to $2.5 billion in proceeds from the demutualization of the Medial Liability Mutual Insurance Company, obtaining reversals of adverse trial court decisions in the Second and Third Departments of the New York Appellate Division, and culminating in affirmance by the New York Court of Appeals in Columbia Mem. Hosp. v. Hinds, 36 N.Y.3d 904 (2021).

• Obtained dismissal of a declaratory action brought in the U.S. District Court for the Northern District of New York concerning shareholder transfer restrictions of the largest continuously operating intercity bus carrier in New York State, which was confirmed by the Second Circuit Court of Appeals in Berardi v. Berardi, 2024 U.S. App. LEXIS 7101 (2d Cir. 2024).

• Represented creditor in state court fraudulent conveyance litigation concerning transfers of luxury real estate valued at more than $20 million.

• Obtained, successfully defended, and collected a multi-million-dollar judgment in favor of a financial institution against creditors seeking the proceeds of hundreds of lawsuits following the dissolution of prominent Buffalo personal injury law firm.

• Representation of lenders in commercial loan workout and forbearance transactions involving a myriad of entities such as manufacturers, real estate developers, construction companies, professional services firms, and healthcare facilities.

Affiliations

Mr. Carosi is admitted to practice in New York and Massachusetts, and in the U.S. District Courts for the Northern and Southern Districts of New York.

Background/Education

Prior to joining the Firm, Mr. Carosi was a partner with Nolan Heller Kauffman LLP. Before joining Nolan Heller Kauffman, Mr. Carosi was an associate with White & Case LLP, gaining a broad range of commercial litigation, intellectual property litigation, and mergers & acquisitions experience. He graduated summa cum laude from Boston University and magna cum laude from Fordham University School of Law, where he was a member of the Fordham Law Review.