• T+1 212 205 6075
    F+1 212 521 5450

Andrea Pincus

Partner

Education

  • New York University School of Law, 1991, J.D., Root Tilden Snow Scholar
  • Yale College, 1987, magna cum laude, Honors in American Studies

Professional Admissions / Qualifications

  • New York

Court Admissions

  • U.S. District Court - Southern District of New York
  • U.S. District Court - Eastern District of New York

Languages

  • French

Andrea is a member of the Financial Industry Group, practicing in the areas of Commercial Restructuring & Bankruptcy as well as Derivatives & Structured Products, and is a Team Leader of Reed Smith's Derivatives & Structured Products Group.

Andrea represents financial institutions, commodities traders, hedge funds, other institutional investors, bondholders, and indenture trustees, as well as ad hoc and official committees, secured creditors, governmental entities, private individuals and debtors-in-possession. Her bankruptcy practice includes all aspects of chapter 11 cases, as well as out-of-court workouts involving private and publicly held companies, with particular expertise in the area of derivative counterparty rights under the US Bankruptcy Code safe harbors. In addition, Andrea advises clients in connection with investing or trading strategies, cross border issues, and in disputes concerning breach of contract, structured debt, and derivative transactions based on ISDA and similar documentation.

Andrea has extensive litigation experience in federal and state courts, in actions for breach of fiduciary duty, director and officer liability, breach of contract, fraud, and international commercial disputes.

Andrea regularly speaks about bankruptcy practice and OTC derivatives, and was selected for inclusion in The Legal 500 - United States (2009 Edition) in the category of Structured Finance: Derivatives & Structured Products.

Representative Matters

  • Successfully defended major global bank in $30 million fraudulent transfer case, resulting in complete dismissal of all claims with prejudice
  • Advising U.S. and foreign hedge funds and commodities traders as customers and derivative counterparties, in connection with claims asserted in the MF Global insolvencies in the U.S. and England
  • Advising U.S. and foreign financial institutions, hedge funds, commodities traders, corporate entities, and not-for profits as OTC and exchange traded derivative counterparties, holders of bonds, commercial paper, equity linked notes, credit linked notes, as well as other complex and structured financial products, with respect to all aspects of the Lehman chapter 11 jointly administered cases and related matters
  • Advising U.S. and off-shore investors in connection with exposure to Madoff fraud and ongoing insolvency cases
  • Advising European and U.S. commodities traders with respect to commodities contract disputes with cross-border issues, and derivatives disputes under ISDA and similar documentation
  • Advising global financial institutions and commodity trading companies on transaction and counterparty risk under U.S. law
  • Advising energy industry clients with respect to potential impact of insolvencies on viability of energy hedges and PPAs
  • Advised major (more than $5 billion) hedge fund in connection with its investment strategy with respect to CDO/CLO and CDS structures
  • Represented the Indenture Trustee and successful proponent of confirmed plan of reorganization in the highly contested chapter 11 cases of El Comandante Management Co. and related entities in Puerto Rico
  • Represented a major European commercial bank as protection buyer in a multi-billion dollar CDS collateral valuation dispute with protection seller
  • Representing an institutional investor with respect to a portfolio of life insurance assets and issues pertaining to the settlement of policies, including advising the client on premium financing, insurance ownership, and beneficiary transfer issues
  • Represented the official committee of unsecured creditors of debtor DVI Inc., a $2 billion specialty health care lending company financed by 19 securitizations and several warehouse credit facilities
  • Represented the official committee of unsecured creditors in the Kasper ASL chapter 11 case
  • Represented the senior secured lenders in the Gencor Corporation involuntary chapter 11, which debtors subsequently converted to a voluntary proceeding
  • Represented the ad hoc committee of noteholders of Pierre Foods, Inc. in an out‐of court restructuring

Employment History

  • 2008 - Reed Smith
  • 1995 - Anderson Kill & Olick, P.C
    • Member of the firm’s Practice Council
  • 1991 - Legal Aid Society
    • Criminal Defense Division, Trial Attorney

Professional Affiliations

  • 100 Women in Hedge Funds, Philanthropy Committee
  • International Energy Credit Association

Notable Quotes

The following articles or televised interviews quote or mention Andrea and provide a perspective on the nature and scope of Andrea's practice and professional activities.

  • "Reed Smith And Clifford Chance Among Firms Advising On £662m Eurosail Restructuring," The Lawyer, 29 November 2013
  • "Shadow Play: How Credit Default Swaps Are Affecting Restructurings" The Deal Pipeline, 7 October 2009
  • "New Reed Smith Group Responds to Market Crisis" Financial Services Law 360, 23 July 2008
  • "U.S. Economy's Next Bad Thing: Alex Ritson Investigates Whether The Practice Of Credit Default Swaps Leaves The US Economy Exposed To Further Problems" BBC Newsnight, 14 July 2008
  • "Opinions Diverge On Who Calls Valuation Shots When Liquidity Is Scarce" HedgeWorld Daily News, 11 July 2008
  • "UBS In Spat With Hedge Fund Over CDO" Financial Times, 2 July 2008
  • "Credit Default Swaps: The Next Financial Crisis?" Time Magazine, 17 March 2008