John P. McCahey
- T 212.478.7420
- F 212.478.7400
John has represented financial institutions, corporate entities and bankruptcy estate representatives in a wide range of commercial and business disputes. His trial and appellate experience includes cases involving creditor rights, lender liability, lender disputes, fraudulent conveyances, the UCC, letters of credit, factoring, insurance coverage and bankruptcy related claims. He recently represented the estate representative of New Century TRS Holdings, Inc. in bringing litigation against former directors and officers, as well as the estate representative of American Home Mortgage Company in bringing suit against former auditors. He has also recently represented a group of credit unions who were defrauded by their mortgage servicer in seeking recovery from third-parties. He has represented the Securities Investor Protection Corporation in several liquidations of brokers/dealers by pursuing claims against clearing brokers, insurers and insiders.
- State of California v. W.R. Grace & Co., 418 B.R. 511 (D. Del. 2009) (successfully reversing on appeal a bankruptcy court decision dismissing client’s asbestos contamination claims as time-barred);
- Jebran v. LaSalle Business Credit, LLC, 33 A.D.3d 424 (1st Dep’t 2006) (affirming dismissal of claims of subordinated lenders alleging that client, in its capacity as senior lender, aided and abetted borrower’s alleged fraud);
- Securities Investor Protection Corp. v. Rossi, 331 B.R. 47 Bankr. E.D.N.Y. 2005) (successfully opposing summary judgment motion challenging SIPC’s standing and fraudulent conveyance claims);
- Insilco v. Star Services, Inc., 2 A.D.3d 343 (1st Dep’t 2003) (unanimously affirming on appeal the judgment client obtained following a three-week trial of a complex fraudulent conveyance claim tried by John);
- Insilco v. Star Services, Inc., 267 A.D.2d 143 (1st Dep’t 1999) (dismissing action against client alleging fraud and breach of contract arising out of a $55 million asset purchase agreement and awarding client summary judgment for in excess of $15 million in a separate action).
John serves as a co-chair of the Commercial and Business Litigation Subcommittee on Creditors’ Rights of the ABA’s Litigation Section and is on the Board of Editors of Proof, a trial evidence journal published by the ABA’s Litigation Section. He is a member of several committees and subcommittees of the ABA’s Business Law Section and the New York State Bar Association. John also serves on the editorial board of advisors of the Commercial Lending Litigation News and the Lawyers Committee of the New York Bankers Association. He is a member of the Federal Bar Counsel, a Fellow of the American Bar Foundation, and a Fellow of the New York Bar Foundation.
John wrote the chapter “Guaranties of Financial Obligations: Preparation and Enforcement” in the treatise New York Practice Guide – Business and Commercial (Matthew Bender) and the chapter “Bills and Notes” in the treatise Commercial Litigation in New York State Courts (3d) (West). John has published numerous articles on topics relevant to his practice, including good faith under UCC Article 3, spoliation of evidence, expert immunity, the missing witness rule, res ipsa loquitor, a secured lender’s duties in enforcing and collecting accounts receivable collateral, claims against a lead lender in loan participations, curative admissibility, commercial reasonableness in the disposition of collateral, strict foreclosure under UCC Article 9, expert reports, pre-action disclosure, expert disclosure, and New York’s statutory short form power of attorney.
He has spoken at programs sponsored by the New York State Bar Association, American Bar Association, American Society of Appraisers, New York State Society of Certified Public Accountants, New York Bankers Association, and the Association of New York State Supreme Court Justices by Designation.