People

Isley M. Gostin

Counsel

Gostin, Isley

Isley M. Gostin has experience representing clients in all stages of complex litigation and bankruptcy proceedings, including discovery, motions practice, mediation, trial and appeals. Since joining the firm in 2011, Ms. Gostin's significant case work includes:

  • Defense of Fortune 100 company in two multi-billion dollar fraudulent conveyance litigations, including one two-week trial resulting in complete defense victory
  • Representation of Fortune 100 company as a petitioning creditor in an involuntary bankruptcy proceeding, including at contested confirmation and other evidentiary hearings
  • Defense of Fortune 100 company in fraud suit
  • Representation of consumer debt servicer in investigation by, and litigation with, the United States Trustee Program
  • Representation of financial institution in consumer bankruptcy litigation, including Supreme Court victory in Bank of America, N.A. v. Caulkett
  • Representation of bondholders in litigation over make-whole claims, including at trial and in successful Third Circuit appeal
  • Defense of multiple clients in derivatives litigation related to the Lehman bankruptcy
  • Representation of Official Committee of Unsecured Creditors in bankruptcy proceeding involving millions of dollars of unsecured claims

Ms. Gostin has also represented clients in a wide-range of pro bono matters, including representing a criminal defendant sentenced to life without the possibility of parole in a multi-day trial seeking post-conviction relief, representing judgment creditors in bankruptcy proceedings, advising the board of directors of a nonprofit organization in financial distress on governance issues, and representing amici in the Supreme Court and Courts of Appeals on constitutional and bankruptcy law issues.

Prior to joining the firm, Ms. Gostin was a law clerk for the Honorable Robert E. Gerber of the US Bankruptcy Court for the Southern District of New York.

Publications

  • "The Admission of Hearsay Testimony under the Doctrine of Forfeiture-by-Wrongdoing in Domestic Violence Cases: Advice for Prosecutors and Courts,” Criminal Law Brief, Vol. VI, Issue 2, 9-19
  • "Insolvency at Its Limits: What Management and Creditors of Insolvent LLCs and LPs Should Know About Fiduciary Duty Waivers and Standing, Inside and Outside of Bankruptcy," Pratt's Journal of Bankruptcy Law, Vol. 13, No. 6, p.282 (Sept. 2017)
  • "All or Nothing: Delaware Bankruptcy Court Decision in Physiotherapy Holdings Addresses Contract "Integration" for Purposes of Assumption Under Section 365(a)," Pratt's Journal of Bankruptcy Law, Vol. 10, No. 4, p.356 (June 2014)

Honors & Awards

  • Named a 2017 Emerging Leader and recognized for her notable accomplishments in business and in service to the community by The M&A Advisor

Publications & News

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July 19, 2017

Isley Gostin Honored as Emerging Leader by The M&A Advisor

The 2017 award winners have been chosen from a pool of prominent nominees for their notable accomplishments in business and in service to the community.

June 8, 2017

Insolvency at Its Limits: What Management and Creditors of Insolvent LLCs and LPs Should Know About Fiduciary Duties Waivers and Standing, Inside and Outside of Bankruptcy

Delaware law allows members and partners of limited liability companies and limited partnerships to waive the fiduciary duties of their management in their LLC or LP agreements. This WilmerHale Client Alert was republished in Pratt's Journal of Bankruptcy Law.

November 23, 2016

WilmerHale Team Wins Precedent-Setting Third Circuit Bankruptcy Case

In a unanimous decision, a panel of the US Court of Appeals for the Third Circuit held that holders of first-lien notes represented by the firm were entitled to a make-whole payment that could amount to approximately $431 million, together with interest.

July 8, 2014

The Whole Loaf, or Only a Slice?: Interstate Bakeries and the Increased Importance of Integration Clauses in Contracts with Bankrupt Counterparties

As a recent number of bankruptcy cases have illustrated, contract integration clauses can have profound and unintended effects when, upon the bankruptcy of a counterparty, the contract becomes subject to section 365 of the Bankruptcy Code.

May 27, 2014

All or Nothing: Delaware Bankruptcy Court Decision in Physiotherapy Holdings Addresses Contract “Integration” for Purposes of Assumption Under Section 365(a)

An article co-authored by Isley Gostin, published by Pratt's Journal of Bankruptcy Law, June 2014.

April 11, 2014

All or Nothing: Delaware Bankruptcy Court Decision in Physiotherapy Holdings Addresses Contract “Integration” for Purposes of Assumption Under Section 365(a)

Among the many tools the Bankruptcy Code provides a debtor in bankruptcy is the ability to assume and reject executory contracts and unexpired leases. This powerful tool is not without limits, however. Among other things, it is an “all or nothing” proposition—a debtor must assume or reject the entire agreement.

Speaking Engagements

Practices

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Education

JD, cum laude, Harvard Law School, 2010, Executive Online and Submissions Editor, Harvard Law and Policy Review

BA, Social Studies, cum laude with high honors, Harvard College, 2006

Bar Admissions

District of Columbia

New York

Clerkships

The Hon. Robert E. Gerber, US Bankruptcy Court for the Southern District of New York, 2010 - 2011

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