Philip Anker, co-chair of the firm's Bankruptcy and Financial Restructuring Practice Group, is an experienced bankruptcy litigator and counselor who has practiced for more than 25 years in the field. Among other honors, he has been selected as one of the “Best Lawyers” in the areas of Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law in the Best Lawyers in America each year from 2005-2017, with peers stating that he is “a first-class litigator who is tremendous in open court.” He is also listed in the 2013-2017 editions of the Best Lawyers in America in the area of Litigation - Bankruptcy; the 2012-2016 editions of Chambers USA: America's Leading Lawyers for Business for his “excellent” Bankruptcy/Restructuring work, where clients describe him as “amazing in court” and “tough, tenacious, credible and incredibly effective;” and the 2010-2017 editions of Benchmark Litigation, which rates him as a “National Star” and “Top 10 Practitioner” for Bankruptcy Law and cites Mr. Anker's peers and clients as saying that he is “a superb lawyer, highly professional, and among the elite bankruptcy practitioners.”
Mr. Anker's practice is wide-ranging. He has represented the full panoply of clients in business bankruptcy cases: debtors, Chapter 11 trustees, trustees of post-confirmation trusts, creditors' committees, secured creditors, debtor-in-possession lenders, noteholders, indenture trustees, unsecured trade creditors, equity holders, investors and purchasers of companies, claims and assets in bankruptcy. In addition, Mr. Anker has played a leading role in some of the largest, most prominent bankruptcy-related litigation matters in recent years, including actions arising out of the Adelphia, Energy Future Holdings, Enron, Global Crossing, Lyondell, Momentive, Refco and Tribune Chapter 11 cases, as well as several consumer bankruptcy class actions. Among other prominent cases, Mr. Anker recently completed the successful defense at trial of a multi-billion-dollar fraudulent transfer action and the successful prosecution at trial and on appeal of claims for contempt arising out of an acquisition, also led by Mr. Anker, of substantially all of the assets of a leading data fusion company. In addition, Mr. Anker has argued and prevailed in eight separate bankruptcy appeals in the US Courts of Appeals, including Delaware Trust Co. v. Energy Future Intermediate Holding Co., 842 F.3d 249 (3d Cir. 2016); In re Tribune Co. Fraudulent Transfer Litigation, 818 F.3d 98 (2d Cir. 2016); Adelphia Recovery Trust v. Bank of America, No. 09-0039-CV, 379 F. App'x 10 (2d Cir. 2010), aff'g, 390 B.R. 80 (S.D.N.Y. 2008); Eastman Kodak Co. v. Wachovia Bank, N.A., 456 F.3d 1277 (11th Cir. 2006); MBNA America Bank, N.A. v. Hill, 436 F.3d 104 (2d Cir. 2006); Arruda v. Sears, Roebuck & Co., 310 F.3d 13 (1st Cir. 2002); and AT&T Universal Card Servs. v. Mercer, 246 F.3d 391 (5th Cir. en banc 2001). Mr. Anker also successfully argued for the investment bank defendants in the New York Court of Appeals in Kirschner v. KPMG, et al., 15 N.Y. 3d 446, 938 N.E. 2d 941, 912 N.Y.S. 2d 508 (N.Y. Ct. App. 2010), which resulted in that court's seminal decision reinforcing the in pari delicto defense and the dismissal of $2 billion in claims against the banks.