Avery spearheads many of our firm’s most complex business cases, expertly confronting formidable opponents inside and outside the courtroom. He has solidified a reputation as a nationwide sought-after legal counsel, handling matters related to bankruptcy, corporate dissolutions, fraud, fiduciary breaches, intellectual property, professional malpractice, and contract disputes. Avery is known for his strategic leadership in directing investigations for corporations, trustees, creditors’ committees, and other fiduciaries.
Avery’s experience spans disputes involving entities of every size, from early-stage startups to established Fortune 500 companies. He has represented clients in high-stakes cases at various federal, appeals, chancery, and supreme courts throughout the US. Avery’s capability to turn the tides of complicated legal situations is exemplified by his recent groundbreaking $50 million win in the LaMonica vs. Lynn Tilton case as well as securing the release of Imhotep H’Shaka after 24 years of unlawfully prolonged solitary confinement.
Beyond commercial endeavors, Avery is a deeply committed leader in our firm. He is dedicated to empowering our attorneys and professionals’ involvement in high-stakes trials, as well as our firm’s pro bono work.
Avery co-founded Amini LLC alongside longtime colleagues Bijan Amini and Lita Beth Wright in 2019, forging a boutique, collaborative, and trial-ready team equipped to win the nation’s most challenging commercial disputes.
Super Lawyers has rated Avery as a Top Business Litigation Attorney in New York annually since 2020, a distinction bestowed upon only 5% of attorneys in the state following a rigorous selection process.
Significant Litigation Victories & Notable Cases:
- Landmark $52 Million Chapter 7 Victory: Secured a $52 million judgment after trial for our client, the Chapter 7 trustee of Transcare Inc. a regional ambulance company, against Lynn Tilton and Patriarch Partners for breach of fiduciary duty and fraudulent transfers. Successfully defended trial decision on appeals to the District Court and to the Second Circuit, and ultimately achieved payment in full.
- $15 Million Settlement: Achieved a $15 million settlement for a liquidating trustee on the eve of trial. Defended against directors and officers of a for-profit university who committed Title IV violations when managing student loans drawn from the US Department of Education.
- Defense of $100 Million in Gas Claims: Protected purchasers of $100 million in 503 (b)(9) claims from fraudulent transfer accusations brought by debtors of energy co-op.
- $100 Million Action Against Oil Executives: Represent trustee against the former C-Suite, owners, and attorneys of Furie Operating Alaska for fiduciary breaches, fraudulent transfers, a scheme to inflate gas reserves, and siphoning company funds to private entities.
- $400 Million Commercial Case: Represented an exclusive Miami Beach resort in trial seeking over $400 million in damages for alleged performance failures and over-assessments brought upon by resident condominium associations.
- $1 Billion Class Action RICO Settlement: Obtained favorable settlement for consumer loan servicer in class action RICO lawsuit that had sought over $1 billion in damages for an alleged scheme to defraud student loan borrowers.
- Intellectual Property Litigation: Advocated for the authors of globally distributed textbooks in disputes against their publisher for wrongfully withholding royalty payments.
- Reversal of Preliminary Injunction: Represented the owner of some of America’s most iconic brands in licensing and contract disputes. In November 2019, Avery obtained a reversal by the 10th Circuit of a preliminary injunction entered against the company.
- Hospital & Nursing Home Bankruptcy Win: Represented the Chapter 11 trustee of Peninsula Hospital Center and Peninsula General Nursing Home, achieving successful resolutions in multiple litigations and obtained settlements from the debtors’ officers, directors, DIP lenders, and pre-bankruptcy and reorganization professionals. Additionally, Avery successfully resolved disputes with the hospital’s third-party health insurance administrator to secure the processing of all employee claims.
- Business Dissolution Arbitration: Represented the former CIO of a prominent private equity with over $1 billion AUM in a business dissolution arbitration involving an eight-figure claim. The case focused on complex issues such as breach of contract, unjust enrichment, bankruptcy, fraud, and discriminatory termination.
- Gaming Terminal Litigation: Represented a Caribbean route operator in complex claims against its supplier of large-scale gaming terminals and services.
- Defense in Real Estate Litigation: Defended a high-profile real estate developer against allegations of fiduciary breaches and fraud. The allegations were brought by a former employee and a bankruptcy trustee in a complex business dissolution and Chapter 7 bankruptcy case.
- Successful Healthcare Fund Injunction: Represented a healthcare investment fund against a borrower, a health-tech company. Obtained a preliminary injunction and summary judgment against the borrower’s principal and, ultimately, a default judgment against the borrower.
- Groundbreaking Bankruptcy Dispute: Successfully challenged the Illinois Commissioner of Insurance acting as liquidator in a groundbreaking dispute concerning the supremacy of the Bankruptcy Code and McCarran-Ferguson Act. Avery represented the estate of Ames Department Stores against the Illinois Commissioner of Insurance and successfully obtained a decision upholding the jurisdiction of the Bankruptcy Court over the Illinois Insurance Court, notwithstanding the McCarran-Ferguson Act.
- Successful $250 Million in Preference Actions: Tried over a dozen significant cases and successfully spearheaded innovative mechanisms in multiple preference actions seeking the return of over $250 million to the estates of clients Ames Department Stores and Value City Department Stores.
