Mitchell P. Hurley is engaged in the practice of complex commercial litigation.

Practice & Background

Mr. Hurley regularly provides litigation advice to hedge funds, private equity funds, managed accounts and other investment funds and vehicles, their managers and investors concerning suspensions of redemptions, gates and other liquidity issues, fund formation, management and control matters, and fund dissolutions and incentive and other management fee disputes. He also has been involved in the defense of investment managers against fraud claims asserted under the Investment Advisers Act.

Mr. Hurley also has significant experience litigating directors and officers and professional liability policy coverage disputes and other insurance matters, as well as creditors’ rights cases and class actions, including fraudulent conveyance, antitrust, securities and RICO class actions. Mr. Hurley has extensive experience defending and prosecuting a wide range of other types of complex commercial claims, including alleged breaches of representations and warranties in stock and asset purchase agreements, other alleged breaches of contract, misappropriation of trade secrets, tortious interference with confidentiality and employment agreements, and other claims relating to alleged misuse of proprietary technology and information. Mr. Hurley has litigated all aspects of commercial cases, including motions for temporary restraining orders and other forms of provisional relief, dispositive motions and motions in limine, at trial and on appeal.

Mr. Hurley received his B.A. magna cum laude in 1992 from Gonzaga University and his J.D. in 1996 from the New York University School of Law, where he was senior staff editor of the Environmental Law Journal.

Mr. Hurley is a member of Akin Gump’s Hiring Committee and is the summer associate assigning partner for the New York office.
Representative Matters

Mr. Hurley’s recent engagements include acting as:

lead litigator on behalf of investment funds in successful suit to enjoin Apple Inc. from proceeding with shareholders vote based on illegally bundled proxy statement and proxy card. Greenlight Capital LP, et al. v. Apple Inc., 13 Civ. 900, 2013 WL 646547 (S.D.N.Y. Feb. 22, 2013)
lead counsel for insurers in a case dismissing a claim for excess coverage following below-limits settlement by the insured with primary and underlying excess carriers. Briefed and argued a successful summary judgment motion before the New York Commercial Division, and briefed and argued a successful defense of a trial court decision before the Appellate Division, First Department on behalf of all excess insurers. See JP Morgan Chase & Co. v. Indian Harbor Ins. Co., 2011 WL 2320087 (N.Y. Sup. May 26, 2011) (Kapnick, J.), aff’d, 947 N.Y.S.2d 17 (First Dep’t, June 12, 2012)
co-lead counsel prosecuting multi-billion dollar fraudulent conveyance claims on behalf of bondholders and other creditors in connection with failed leveraged buyout of publicly traded media company
lead counsel defending an international commodities trading and investment firm from claims for indemnification based on alleged breaches of representations and warranties in connection with the sale of fiber companies based in Brazil and Argentina
lead litigation counsel representing a seed investor in a dispute with a pooled investment fund and fund manager concerning the seed investor’s right to a share of fund profits and manager’s obligations to the fund
lead counsel in a case holding that subpoenas issued by the federal grand jury requiring production of a substantial number of documents and witnesses did not constitute “demands for non-monetary relief” and therefore did not constitute covered claims within the meaning of primary and excess policies. Briefed motion to dismiss, which was granted without oral argument, on behalf of all insurers. See Diamond Glass Companies, Inc. v. Twin City Fire Ins. Co., No. 06-CV-13105, 2008 WL 4613170, (S.D.N.Y. Aug. 18, 2008)
lead counsel defending a cement manufacturer against claims of illegal price-fixing in violation of Section 1 of the Sherman Antitrust Act. Obtained dismissal of all claims asserted against the client. In re Florida Cement and Concrete Antitrust Litigation, 746 F.Supp.2d 1291 (S.D.Fla. 2010)
co-lead trial counsel in a multiweek valuation trial. Examined and cross-examined dozens of witnesses, including financial experts and the company CEO. Obtained judgment on behalf of client-bondholders that resulted in more than a 1,000 percent increase in the value of bonds. See In re Exide Technologies, 303 B.R. 48 (Bkrtcy. D. Del. 2003)
lead litigator in a successful challenge to an investment advisor’s fee application in a bankruptcy case. Briefed and argued summary judgment motion that led to what a leading bankruptcy expert described in The Wall Street Journal as perhaps the largest fee cut ever in a Chapter 11 case. See Nathan Koppel, Judge Cuts Greehnhill’s Fees for Loral Bankruptcy Case, Wall Street Journal, July 26, 2006 (available online at http://online.wsj.com/article/SB115388473424517546.html).