Trevor (Ted) Swett is a Member in Caplin & Drysdale's Washington, D.C., office. He was elected to membership in 1989, having joined the firm as an associate in 1985. Mr. Swett has been recognized as a "Leading Lawyer" by Chambers USA, The Legal 500, and Benchmark Litigation for his work in Bankruptcy/Restructuring.
Mr. Swett's practice emphasizes creditors’ rights and bankruptcy litigation related to corporate reorganizations and civil cases involving allegations of fraud or other financial misconduct. He has focused on asset recovery litigation presenting issues of fraudulent conveyance, successor liability, and piercing the corporate veil. He also has substantial experience representing financial institutions in commercial litigation and taxpayers in litigation against the Internal Revenue Service.
In the bankruptcy and civil litigation arenas,
- Mr. Swett has served as lead litigation counsel for statutory committees of asbestos claimants in several major bankruptcy proceedings, including Garlock Sealing Technologies, LLC; Motors Liquidation Corporation (f/k/a General Motors Corporation); G-I Holdings Corporation (f/k/a GAF Corporation); and Raytech Corporation.
- He has represented leading financial institutions in the bankruptcy of a large mortgage loan originator, a controversy between banks arising out of the sale of a “bespoke” collateralized debt obligation, and a suit for fraud and misrepresentation against auditors and insiders of a defaulting corporate borrower.
- He has represented financial professionals in federal enforcement proceedings.
As a tax litigator,
- Mr. Swett has tried Tax Court cases concerning the allocation of purchase price for a professional sports team and a spouse's claim for relief from her husband's tax liabilities.
- He has litigated a "whipsaw" dispute in which two major corporations vied against one another and the IRS for a large tax benefit.
- He has also conducted tax refund litigation in federal District Court.
Recent Speaking Engagements
Mr. Swett has made speeches and presentations on a variety of litigation issues, including challenges to LBOs as fraudulent conveyances, hedge fund redemptions, piercing the corporate veil, limited shareholder liability, corporate governance and conflict of interest, liability in tort for aiding and abetting, and legal and ethical constraints on cross-examination.
- Speaker, Distressed M&A: Opportunities in the Region, IBA Corporate and M&A Law Committee and the IBA Latin American Regional Forum, March 16, 2017