EXPERIENCE
Representative matters
Selected engagements across trial courts, bankruptcy courts, arbitration panels, and courts of appeal in more than thirty states.
Mergers and acquisitions disputes
Sup. Ct. N.Y. · Manhattan
Represented the purchaser in litigation to specifically enforce a membership interest purchase agreement for a $50 million healthcare business. Obtained a judgment ordering the sellers to close the sale and to pay the purchaser profits accruing after the original closing date, defeated the sellers' motion for summary judgment, and prevailed on the sellers' appeal to the First Department.
Arbitration · New York City
Represented the purchaser in an arbitration to recover its deposit in a failed $160 million acquisition of health care facilities, obtaining an award in favor of the purchaser plus costs and attorneys' fees.
Represented an international manufacturer of automotive components in a multi-jurisdictional dispute arising out of its acquisition of a U.S. company, including litigation in the Southern District of New York and before the First-tier Tribunal (Tax) in the United Kingdom.
S.D.N.Y. · U.K. Tribunal
Super. Ct. Cal. · Los Angeles
Represented the defendants against claims of fraud and breach of fiduciary duty arising out of the sale of a hospital, obtaining dismissal of all claims on a motion to dismiss.
Securities, shareholder derivative, fiduciary duty
Represented a financial institution in securities fraud litigation arising out of the issuance of more than $1 billion of residential mortgage-backed securities. The Securities Act claim against the client was dismissed with prejudice; related state law claims were dismissed without prejudice.
Reported at 938 F. Supp. 2d 440
S.D.N.Y.
N.D. IN. · 7th Cir.
Represented the CEO of a private company against shareholder claims for breach of fiduciary duty and unjust enrichment, pleaded both derivatively and directly. Obtained dismissal of all claims on a motion to dismiss. Reported at 2025 WL 2718517. Mr. Zummo continues to represent the officer and the company in shareholder plaintiffs appeal to the United States Court of Appeals for the Seventh Circuit.
N.D. Ill.
Member of the team that obtained summary judgment for an audit committee member and outside general counsel of a publicly traded corporation on common law fraud, negligent misrepresentation, and Illinois Consumer Fraud Act claims arising out of a $74 million equipment lease securitization.
Reported at 2004 WL 1977572
Real estate and foreclosure litigation and workouts
Represented the owner of a Chicago high-rise office building in a foreclosure action and receivership, together with related refinancing and workout negotiations. Successfully opposed the lead lender's motion for summary judgment, buying the client the time and the leverage to refinance, and precluding any recourse.
Chicago, Illinois
Represented the owner of commercial office buildings in a non-judicial foreclosure and related workout negotiations, negotiating a resolution under which the owner avoided recourse.
Memphis, Tennessee
Represented the construction lender in mechanic's lien litigation arising out of a hotel development in the River North neighborhood of Chicago.
Cook County, Illinois
Lending, creditors' rights, and insolvency
Bankr. M.D.N.C.
Represented a senior secured creditor in an adversary proceeding to determine the allocation of more than $22 million in proceeds from the section 363 sale of the debtor's assets. Tried and defeated the competing claims of several mechanic's lien claimants asserting liens on the sale proceeds.
Reported at 393 B.R. 372.
Represented a member of the lending group in the workout of a $200 million syndicated revolving and term loan credit facility.
Syndicated facility
Out-of-court resolution
Negotiated an out-of-court resolution to a dispute between a member of a lending group and the administrative agent regarding allocations in a multimillion-dollar loan syndication.
D. Md.
Represented a lender against defaulting guarantors of a commercial borrower's obligations under a multimillion-dollar asset-based revolving and term loan credit agreement. Obtained dismissal of the defendants' lender-liability counterclaims, persuaded the court to strike all affirmative defenses, and obtained summary judgment for the lender on all claims.
Reported at 2006 WL 6000465 · 2007 WL 5417734
Represented an equipment finance lessor against a defaulting lessee that asserted various lender-liability claims, obtaining dismissal of every claim against the lessor.
Reported at 2008 WL 2114867
S.D. Oh.
Represented the defendant in a fraudulent transfer action and obtained summary judgment in the client's favor.
N.D. Ill.
Cir. Ct. Cook County
Obtained summary judgment for a financial institution on claims for breach of contract, fraud, and conversion — including an award of punitive damages.
Texas state court
Represented a financial institution against the personal guarantor of a multimillion-dollar commercial loan obligation, defeating two attempts by the guarantor to use the principal obligor's bankruptcy to forestall the litigation and obtaining summary judgment against him.
N.D. Ill. · Putative class
Represented a financial institution in a putative class action alleging violations of the Truth in Lending Act, the Fair Debt Collection Practices Act, and the Illinois Consumer Fraud Act. Obtained dismissal of all claims with prejudice on a motion to dismiss.
Reported at 2003 WL 25765398
Multiple forums
Represented a hedge fund and its manager in a series of matters arising out of the misappropriation of funds by an introducing broker.
Commercial contracts and labor
Distribution dispute
Represented an international producer and seller of coffee in litigation to enforce its rights under a distribution agreement.
Labor arbitration
Represented a health care services provider in arbitration of a union grievance seeking a retroactive increase to the minimum new-hire rate under a collective bargaining agreement, obtaining an award in favor of the employer.
Prior results do not guarantee a similar outcome. Matters listed include work performed by Mr. Zummo while affiliated with prior firms. Client identities are omitted to preserve confidentiality.