Avery Samet is a litigator and officer of Storch Amini whose practice focuses on disputes involving bankruptcies, fraud, hidden assets and other complex commercial disputes posing critical threats to companies and individuals.
Avery has extensive trial experience in various state, federal district and bankruptcy courts around the country, as well as extensive mediation and arbitration experience.
Avery’s clients are engaged in a variety of industries and professions, including financial services, health care, insurance, commercial retail, telecommunications.
After receiving his J.D from from Harvard Law School cum laude, Avery joined the firm in 2003. He is licensed to practice law in New York.
During law school, Avery served as an intern for Federal Judge Naomi R. Buchwald, United States District Court, Southern District of New York, and also as a legal intern for the Office of the Bar Counsel in Boston, Massachusetts. Avery also held the position of Student Attorney in the Harvard Immigration & Asylum Clinic at the Greater Boston Legal Services.
Avery served as special litigation counsel and special insurance counsel to the chapter 11 trustee of Peninsula Hospital Center and Peninsula General Nursing Home.
As special litigation counsel, Storch Amini was hired to investigate why the hospital failed and collapsed, and, where appropriate, bring lawsuits. Using a mix of formal discovery and informal discovery, several filed lawsuits, and out of court alternative dispute procedures, Storch Amini recovered millions of dollars from the former executives of the hospital, the post-bankruptcy DIP lender, and the hospital’s pre- and post- bankruptcy law firms and accounting firms numerous.
As special insurance counsel, Storch Amini, successfully resolved a dispute with the hospital’s third-party health insurance administrator. The hospital had a self-funded plan and the administrator cutoff all health care payments to the numerous employees of Peninsula. Pursuant to the settlement, all employees’ claims were processed and paid and the administrator agreed to contribute its own funds.
- Avery represented the former CEO of LightSquared Inc. in his confirmation challenge to LightSquared’s multi-billion plan of reorganization, through the proceedings in the bankruptcy court, the district court and the Second Circuit.
- Avery represents the post-liquidation trustee of Florida Community College seeking over $100 million in damages from the former officers for breaching their fiduciary obligations in connection with drawing funds from the United States Department of Education,
- Avery successfully represented the holder of a $20 million judgment in simultaneous litigation before the Southern District and Supreme Court of New York, seeking to recover real estate interests held by the judgment debtor in affiliated entities. This matter involved innovative trial work before the Supreme Court in which Storch Amini successfully obtained dismissal of an allegedly collusive suit brought to frustrate the judgment as well as motion practice and trial preparation before the district court.
- Avery represents Famous Brands International in their licensing and contract disputes concerning their iconic brands, Mrs. Fields and TCBY.
- Avery represented the estates of Ames Department Stores, Inc. and Value City Department Stores, Inc. in numerous preference actions seeking the return of over $250 million. Avery has tried over a dozen of these cases, and defended numerous appeals. In addition, Avery innovated numerous procedural mechanisms to creatively resolve these cases at maximum benefit to the debtors’ estates.
- Avery also successfully represented Ames Department Stores in its dispute with the Illinois Commissioner of Insurance acting as liquidator of the Lumbermens Mutual Casualty Co. in a ground-breaking dispute concerning the supremacy of the Bankruptcy Code and the McCarran-Ferguson Act. In December 2015, Storch Amini obtained a decision from the Bankruptcy Court holding that the Bankruptcy Court, in these circumstances, provided for exclusive jurisdiction over and above that of the Illinois insurance court.
- In re Northwestern Corp., District of Delaware Bankruptcy Court, represented a creditor seeking to avoid a pre-bankruptcy transfer of $1.8 billion of assets as fraudulent and seeking damages from the law firm representing both the transferor and transferee.
- Successfully represented a lender in connection with a multi-million accounts-receivable lending fraud against a borrower’s officers, directors and investors. Conducted an investigation and then successfully brought litigation in the Southern District of New York and in the Middle District of Florida which resulted in an expedited and favorable settlement for our client.
- In re e.spire Communications, Inc., District of Delaware Bankruptcy Court, represented the Chapter 7 trustee of a national telecommunications company, and helped obtain a favorable settlement for claims arising out of an alleged accounting fraud perpetrated by the former director and officers of a mid-size, regional telecommunications company.
- In re Kleinert’s Inc., Southern District of New York Bankruptcy Court, represented the chapter 7 trustee of a large children’s clothing manufacturer in connection with the favorable settlement of claims against the debtor’s former directors, officers and professionals arising out of an alleged scheme to defraud the debtor, its creditors and its lenders.