Robert Sidorsky is a shareholder with Butzel Long, practicing in the firm’s New York office. He has practiced for over twenty-five years in the area of complex commercial litigation and has extensive experience in litigating both core and non-core bankruptcy matters. His practice is concentrated in the areas of accountants’ liability, securities litigation, director and officer liability, and bankruptcy-related claims. Mr. Sidorsky graduated from Columbia Law School (J.D., 1982) where he was Managing Editor of the Columbia Journal of Transnational Law (1982), and Harvard College (B.A., magna cum laude, 1979).
Mr. Sidorsky has represented creditors, bankruptcy trustees, governmental agencies, and accounting firms in a number of high profile cases arising out of fraudulent financial reporting. He has also acted as litigation and conflicts counsel in significant bankruptcy matters. He has represented both domestic and international clients in a wide variety of commercial litigation, including claims of officer and director liability, securities fraud, fraudulent conveyance claims, lender liability, RICO, breach of contract and tortious interference, and misappropriation of trade secrets.
Mr. Sidorsky’s publications include:
“Edge Act Enables National Banks to Invoke Federal Jurisdiction Over Suits Involving International Banking or Financial Operations,” The Banking Law Journal, November/December 2007 (co-author)
“Assessing the Risks of Accounting Fraud,” Commercial Lending Review, November-December 2006
“Standing to Sue Under Rule 10b-5; A Fresh Look at the New Investment Doctrine,” Securities Law Regulation Journal, Summer 2001 (co-author)
“The Independent Auditor’s Consideration of Fraud Following the Reform Act,” New York Law Journal, (reprinted in Securities Reform Acts Litigation Reporter), January 24, 1997
“The Auditor’s Duty to Blow the Whistle Under the Litigation Reform Act,” New York Law Journal (reprinted in Securities Reform Acts Litigation Reporter), February 9, 1996.
Mr. Sidorsky’s speaking engagements and events include:
Chair, “Legal Risks for Accountants: Managing Exposure in a Challenging Market,” Incisive Media Conference held in December 2008, at which he presented “Litigation Risks: Update on Legal Developments”
“Let He Whose Executives Were Without Sin Cast the First Stone: Using Management Wrongdoing to Bar Suits by Corporate Plaintiffs and Debtors,” panelist, New York State Bar Association 2009 Annual Meeting (Commercial and Federal Litigation Section), January 2009
“Accounting Fraud Case Studies,” AICPA/BAI Bank Financial Executives Conference, May 2006
Mr. Sidorsky has been a member of the Board of Advisors of the Securities Reform Act Litigation Reporter and is a member of the American Bankruptcy Institute, the Association of the Bar of the City of New York, New York State Bar Association and American Bar Association.
Prior to joining Butzel Long, Mr. Sidorsky was a partner at Thacher, Proffitt & Wood LLP and before that a partner at Mudge Rose Guthrie Alexander & Ferdon LLP.
Representative bankruptcy and bankruptcy litigation matters
Chrysler, Inc. Representation of numerous major automotive suppliers in the Chrysler chapter 11 bankruptcy proceedings, including ArvinMeritor, Faurecia and TK Holdings.
Delphi Corp. Representation of Delphi’s European subsidiaries with respect to intellectual property matters in connection with Delphi’s Section 363 sale.
General Motors Corp. Representation of numerous major automotive suppliers in the GM chapter 11 proceedings.
Alper Holdings USA, Inc. Representation of major creditor in prosecution of indemnification claim against debtor in chapter 11 case with respect to liability for toxic tort litigation.
Lombard Atlantic Bank. Representation of Swiss bank creditor in defense of fraudulent conveyance claim under New York law raised by joint liquidators of Netherlands Antilles bank.
Footstar, Inc. Conflicts counsel to the Official Committee of Equity Security Holders in Footstar's chapter 11 bankruptcy proceedings. As conflicts counsel, Mr. Sidorsky investigated and prosecuted accounting malpractice claims against both the debtor’s external and internal accounting firms in connection with improper revenue recognition resulting in the restatement of Footstar’s audited financial statements.
AlphaStar Insurance Group Ltd. Representation of major accounting firm in defense of adversary proceeding for accounting malpractice, breach of fiduciary duty and fraud litigation brought by chapter 7 Trustee of AlphaStar Insurance Group.
PRC, LLC. Representation of agent for first lien lender group in chapter 11 proceedings of provider of outsourced customer management services, including contested issues regarding debtor in possession financing.
TOUSA, Inc. Representation of agent for first lien lender group in chapter 11 proceedings of leading national homebuilder, including contested issues regarding debtor in possession financing and defense of fraudulent conveyance litigation.
Yukos Oil. Representation of Official Receiver of Yukos Oil in chapter 15 case with respect to preservation of Yukos Oil's assets located in the Netherlands.
Mosler Inc. Representation of litigation trust of MDIP Inc. (formerly Mosler Inc.) in fraudulent conveyance litigation against recipients of payment for debtor’s acquisition of United States security equipment business and in litigation against former directors and officers for breach of fiduciary duties.
Martech U.S.A., Inc. Representation of Chapter 7 Trustee of NYSE-listed debtor company based in Alaska in adversary proceeding against former auditing firm for improper use of percentage of completion accounting method with respect to revenue recognition from construction projects.
ContiFinancial Corp. Representation of Liquidating Trustee of CFN Liquidating Trust, as successor to ContiFinancial Corporation, in adversary proceeding against former auditing firm for malpractice, negligent misrepresentation and breach of contract in connection with accounting for debtor’s residual interests in securitizations of sub-prime home equity loans.
DeLorean Motor Company. Representation of the British Government, as largest creditor of John DeLorean’s failed gull-wing sports car company, and representation of the Official Joint Receivers of DeLorean Motor Cars, Ltd., in litigation in the United States, including prosecution of claims against a major international accounting firm.