Biography
Theresa A. Foudy is a Bankruptcy Litigation Partner in MoFo's Business Restructuring and Insolvency Group, and serves as co-chair of the firm’s Distressed Real Estate Group. Theresa has over 25 years of experience representing clients in a wide range of complex commercial litigation, and has represented Chapter 11 debtors, creditors’ committees, indenture trustees, secured and unsecured creditors, private equity sponsors, independent directors, and distressed investors in all stages of bankruptcy. Throughout her career, Theresa has worked on many of the United States’ largest and most complex bankruptcy cases, including serving as lead trial counsel in several of the most prominent bankruptcy matters of the last decade. She has advised clients on all types of bankruptcy-related disputes, including suits by or against bankrupt companies, investigations into what led to bankruptcy filings, avoidance actions, and litigation of reorganization plans.
Theresa’s representative high-profile matters include: serving as lead trial counsel for wholly owned subsidiaries of a multinational commodity trading and mining company as defendants in a four-day bench trial concerning the rejection of a lease to a power plant in an adversary proceeding before the U.S. Bankruptcy Court for the Southern District of Texas; serving as lead trial counsel for defendant directors in a 15-day bench trial on a creditors’ committee’s motion for standing to assert claims for breach of fiduciary duty and aiding and abetting breach of fiduciary duty in connection with the directors’ approval of a merger transaction and, after prevailing in the U.S. Bankruptcy Court for the Southern District of New York, handling the successful defense of subsequent appeals by the creditors’ committee to the District Court and U.S. Court of Appeals for the Second Circuit; and defending a private equity sponsor against clawback claims seeking over $350 million in dividends and management fees.
Theresa also has extensive experience in general commercial, appellate, and criminal litigation. She has represented clients in connection with contract disputes, commercial torts, and accounting fraud and malpractice suits in state and federal courts, as well as in arbitration. In addition, prior to entering private practice, she argued over 100 appeals to New York Appellate Division First Department, New York Court of Appeals, and Second Circuit Court of Appeals as a member of the Appeals Bureau for the New York County District Attorney’s Office and the Office’s Civil Litigation Coordinator.
Theresa’s exceptional litigation skills, widely recognized by The Legal 500, Best Lawyers and Super Lawyers, are complemented by her role on the Thomson Reuters Practical Law Bankruptcy Advisory Board.