Overview

Warren E. Gluck is a New York litigation attorney, trial lawyer, and a member of Holland & Knight's Litigation and Dispute Resolution practice. Mr. Gluck focuses his practice on litigation, fraud investigation, insolvency, asset recovery and judgment enforcement, as well as admiralty law. He has experience in all aspects of the litigation process and routinely acts as lead counsel on litigation, judgment enforcement, fraud, cross-border insolvency, asset tracing and shipping matters. Who's Who Legal says "Warren Gluck is a 'strong litigator' who is always 'two steps ahead' in high-stakes, multijurisdictional asset recovery proceedings." The guide also notes that he "has an intimate understanding of the nuances of the laws of multiple jurisdictions," "is very practical and pragmatic" and "implements practical solutions and workarounds that allow [clients] to remain on course."

He has developed an extensive practice representing domestic and foreign officeholders in connection with parallel civil and criminal proceedings brought by the U.S. Securities and Exchange Commission (SEC) and the U.S. Department of Justice (DOJ), and has extensive experience negotiating resolutions amounting to hundreds of millions of dollars.

As recently recognized by the Cayman Islands Grand Court, Financial Services Division approving a resolution in excess of $84 million-plus between and among the Cayman Court appointed Joint Official Liquidators of the Fund, the Securities and Exchange Commission, and the stakeholders of the Fund, "Mr. Gluck reveals expert knowledge and experience of dealing with SEC – office-holder conflict…" In the Matter of Income Collecting 1-3 Month T-Bills Mutual Fund (in Official Liquidation) – FSD 188 of 221 (DDJ) (further noting the achievement of "a very positive result indeed for the Fund's creditors without a costly court dispute," holding that "[t]his case marks a significant and progressive step in the constructive cooperation and dealings of both jurisdictions with each other in the best interests of international creditor investment protection [and] [h]opefully this case will enable further cooperation and compromise to take place in the future").

Mr. Gluck has substantial experience in connection with interim and protective remedies, and has litigated dozens of prejudgment attachment and injunction-predicated cases. He is a frequent speaker on the topics of international judgment enforcement and cross-border insolvency, and has also pioneered new asset tracing methods. He has helped make the law in all of these areas and has officially published opinions, including the following:

  • Application of Furstenberg Fin. SAS v. Litai Assets LLC, 877 F.3d 1031 (11th Cir. 2017)
  • AVP Destiny, LLC v. FD Destiny, LLC, 267 So. 3d 1048 (Fla. Dist. Ct. App. 2019)
  • Batbrothers LLC v. Paushok, 172 A.D.3d 529, leave to appeal denied, 35 N.Y.3d 902 (1st Dep't 2020)
  • Cerner Middle E. Ltd. v. Belbadi Enterprises LLC, 939 F.3d 1009 (9th Cir. 2019)
  • Cerner Middle E. Ltd. v. Belbadi Enterprises LLC, 305 Or. App. 413, (Or. App. 2020), review denied, 367 Or. 257 (Or. 2020)
  • Cerner Middle E. Ltd. v. iCapital, LLC, 939 F3d 1016 (9th Cir. 2019)
  • In re: Vandevco Limited, 632 ___ B.R. 790_ (Bankr. D. Wash. July 28, 2021)
  • Farenco Shipping Co. v. Farenco Shipping Pte, Ltd., 516 F. App'x 304 (5th Cir. 2013)
  • Flame S.A. v. Indus. Carriers, Inc., 39 F. Supp. 3d 769 (E.D. Va. 2014), aff'd sub nom., 807 F.3d 572 (4th Cir. 2015)
  • Grayiel v. AIO Holdings, LLC, 452 F. Supp. 3d 600 (W.D. Ky. 2020)
  • In re Application of Furstenberg Fin. SAS, 334 F. Supp. 3d 616 (S.D.N.Y. 2018), aff'd sub nom., 785 F. App'x 882 (2d Cir. 2019)
  • In re Int'l Banking Corp. B.S.C., 439 B.R. 614 (Bankr. S.D.N.Y. 2010)
  • In re Daebo Int'l Shipping Co., Ltd., 543 B.R. 47 (Bankr. S.D.N.Y. 2015)
  • In re Millard, 501 B.R. 644 (Bankr. S.D.N.Y. 2013)
  • In re Platinum Partners Value Arbitrage Fund L.P., 583 B.R. 803 (Bankr. S.D.N.Y. 2018)
  • In re Platinum-Beechwood Litig., 400 F. Supp. 3d 2 (S.D.N.Y. 2019)
  • In re Platinum-Beechwood Litig., 469 F. Supp. 3d 105 (S.D.N.Y. 2020)
  • Paushok v. Ganbold, 487 F. Supp. 3d 243 (S.D.N.Y. 2020)
  • Principal Growth Strategies, LLC v. AGH Parent LLC, 615 B.R. 529 (D. Del. 2020)
  • In re Norske Skogindustrier A.S.A.,, 629 B.R. 717 (Bankr. S.D.N.Y. April 29 2021)
  • In re Norske Skogindustrier A.S.A., B.R. ___. (Bankr. S.D.N.Y. October 4, 2021)

Mr. Gluck joined Holland & Knight as an intern in the summer of 2005, continued at the firm as a law clerk through the entirety of his formal legal training at Brooklyn Law School and was a 2007 summer associate. During law school, he was the founding member of the Holland & Knight-Brooklyn Law School Pro Bono Clinic.

Representative Matters

  • Lead U.S. counsel to the Joint Official Liquidators of Platinum Partners Value Arbitrage Fund
  • Co-lead counsel in Trott v. Platinum Management (NY), LLC, Southern District of New York, 2019 WL 1570808, 2019 WL 2569653, 400 F. Supp. 3d 2, 2020 WL 1932601 represent the Cayman Islands-based liquidators of a collapsed investment fund in connection with allegations of $100M+ fraud and breach of fiduciary duty claims
  • Lead counsel representing the trustee in In re The Bankruptcy Estate of Norske Skogindustrier ASA, Bankruptcy Court for the Southern District of New York; obtaining first known Chapter 15 recognition of an insolvency proceeding in Norway, and represent the trustee in a $40 million clawback and $400 million-plus tort litigation against two household private equity fund names
  • Lead counsel to the Receiver of South Aviation in connection with a $400 million debt ponzi scheme in which billions of dollars were funneled through purported aircraft leasing and financing entities over a six year period
  • Lead counsel to the prospective 500 person class of victims of the ROFX currency trading fraud
  • Lead counsel in In re Furstenberg Finance SAS, Southern District of New York (334 F. Supp. 3d 616) and Second Circuit Court of Appeals (785 Fed. Appx. 882). In re Furstenberg Finance SAS, Southern District of Florida and Eleventh Circuit Court of Appeals (877 F.3d 1031); in one of the first cases of its kind, obtained intermediary bank records showing worldwide conspiracy for use in Luxembourg criminal proceedings
  • Lead counsel in Cerner Middle East Limited v. Belbadi Enterprises, represented Middle Eastern affiliate of a medical technology company in connection with the multijurisdictional enforcement of guarantees and awards in excess of $60 million, and lead multiple bench trials on numerous areas of liability including but not limited to piercing of the corporate veil.
  • Lead counsel to the joint official liquidators of T-bills mutual fund (in official liquidation) – represent fund in significant civil and criminally indicted fraud; engage in negotiations in respect of $80 million asset freeze with the U.S. Securities and Exchange Commission (SEC), seek recognition under Chapter 15 and prepare plan to make up deficiencies
  • Lead Counsel to the joint official liquidators of Xenfin Tranding Fund 1 Ltd., obtain recognition of Guernsey Voluntary Liquidation and eight-figure principal recovery
  • Lead counsel in In re Madison Niche Assets Fund, Ltd. (in Official Liquidation), Bankruptcy Court for the District of Delaware; lead counsel in multimillion contractual and breach of fiduciary duty dispute in Delaware state court; lead U.S. counsel to the Cayman Islands-based liquidators of six Cayman Islands and United States funds in respect of significant United States litigation and related matters
  • Lead counsel to Hong Kong-based investment fund in recognizing and enforcing $35 million judgment and attaching and seizing intangible property to satisfy the judgment in full, obtaining the first New York substituted garnishment order after defendants' affiliate/garnishee refused to allow the Sherriff's Office into its New York city headquarters; obtained $35 million consent judgment
  • Lead counsel in enforcing a judgment issued in the Russian Federation in excess of $25 million, and defeating a motion to dismiss concerning the same judgment, each order was upheld on appeal; obtain contested summary judgment order recognizing the judgment and dismissing counterclaims in excess of $100M
  • Lead counsel to Swiss subsidiary of foreign bank in recognizing and enforcing eight-figure Swiss judgment, and creating new law allowing for a judgment creditor to obtain money judgment based on fraudulent transfer of real property between spouses
  • Lead counsel in In re IMX Acquisition Corp., Bankruptcy Court for the District of Delaware; representing subsidiary of collapsed investment fund in conjunction with the bankruptcy of a portfolio company, and securing a $55 million payment from the estate
  • Lead counsel in DMRJ Group LLC v. West Loop South LLC, Supreme Court, County of New York; representing subsidiary in declaratory judgment action concerning contested debt of estate and reaching favorable settlement
  • Lead counsel in DMRJ Group LLC v. B Asset Manager L.P., Supreme Court, County of New York; representing subsidiary in declaratory judgment action concerning contested debt purportedly securing to lender roughly $20 million in debt and obtaining a favorable recovery
  • United States counsel to a consortium of insurance companies in a successful $80 million judgment enforcement and claim security action against a Chinese major company; this representation included obtaining and enforcing corporate veil-piercing attachment orders against affiliates and subsidiaries in 19 U.S. jurisdictions
  • Lead counsel in Grayiel v. AIO Holdings, LLC, 452 F. Supp. 3d 600 (W.D. Ky. 2020) representing defrauded oil and gas investor seeking a multimillion-dollar recovery; defeated summary judgment, including on investor's claims for fraud, actual fraudulent transfer and civil conspiracy and led upcoming federal jury trial
  • Lead counsel to a hedge fund in its purchase of a $6 million judgment; led multijurisdictional asset recovery strategy and utilizing novel sealed discovery and global injunctions, obtained roughly $6 million in six weeks through settlement
  • Lead counsel in partnership dispute concerning the ownership of a Blue Diamond with an estimated market value between $25 million and $35 million; obtained temporary restraining order (TRO) and preliminary injunction preventing the removal of the diamond from New York pending adjudication of the dispute
  • Lead counsel representing judgment creditor holding multiple judgments against government agencies and pursuing discovery in aid of execution
  • Lead counsel in nationwide enforcement efforts of judgments issued against foreign debtors resulting from bankruptcy of large furniture manufacturer
  • Lead counsel in securing Chapter 15 recognition on behalf of Cayman Islands-based liquidators of investor in shipping vessels; U.S. counsel to the Cayman liquidators of a shipping investment fund in respect of Chapter 15 recognition and $40 million in offensive litigation claims
  • Lead counsel to 95 percent of the United States creditors in multimillion-dollar Chapter 15 litigation and trial
  • Represented Court Appointed Receivers of shipping company undergoing rehabilitation in South Korea and obtain Chapter 15 recognition and favorable rulings on numerous contested issues
  • Represented shipping company in enforcement of a United Kingdom award and judgment resulting from the breach of a charter party
  • Lead counsel in representing Bermudan entity and recover money sent to a criminal enterprise proximate to a "phishing" scheme where the chief executive's email address and wire transfer template was compromised
  • Lead counsel in representing Guernsey trust company and securing records for use in contemplated proceedings in Guernsey involving a worldwide scheme to create fraudulent financial institutions and then divert loan proceeds into hidden European accounts
  • Lead counsel in case that obtained Chapter 15 recognition for Cayman Islands liquidators of hedge fund allegedly bankrupted through insider transactions
  • Lead counsel in case obtaining Chapter 15 recognition for Cayman liquidation of telecommunications company based in Africa that had allegedly made fraudulent investments
  • Lead counsel representing Brazilian pension fund in recognizing and enforcing approximately $80 million judgment; conducted worldwide asset discovery of entities and individuals associated with judgment debtors
  • Lead counsel in case before Supreme Court, County of New York; engage in global asset investigation to prove that a husband lied in his asset disclosure in high-value divorce proceedings in Hong Kong; obtain evidence resulting in substantial settlement
  • Lead counsel in representing $98 million creditor of collapsed Cayman Islands bank in recovering assets sequestered by the failed bank
  • Lead counsel in representing Cayman Islands liquidators in investment fund wind down involving fraud by fund insiders perpetuated in offshore arbitration proceedings
  • Counsel to the Cayman Islands trustee in the defense of a $125 million multijurisdictional judgment enforcement litigation against high-profile individuals in the related Chapter 15 proceeding
  • Defense and Chapter 15 counsel to the administrator of a Bahraini bank in connection with substantial fraud and eight-figure attachment litigation
  • Representing shipping and trading company, piercing the corporate veil in a bench trial
  • Obtaining Rule B attachment over a foreign vessel as security for foreign arbitration dispute in the United Kingdom
  • Represented shipping companies in recognition and enforcement of arbitration awards and resulting judgments
  • Counsel to a British Virgin Islands liquidator in connection with the investigation and prosecution of an $80 million fraudulent and undervalue transfer litigation against affiliate companies, resulting in significant asset seizures, recoveries and a final settlement
  • Lead counsel to a commodities fund in respect to an $8 million trading dispute subject to New York arbitration
  • Lead defense counsel to multiple funds in respect to clawback claims arising from a media company's leveraged buyout fraudulent transfer litigation, obtaining favorable settlements
  • Counsel to the largest investor in United States litigation arising from an Argentine investment fraud
  • Obtained Chapter 15 recognition for British Virgin Islands liquidators of oil trading business, obtain directed verdict after leading an investigation to prove defendant's affidavit in support of jurisdictional discovery was misleading and false
  • Obtained Chapter 15 recognition for Danish liquidator and in related action, a $9 million recovery and vacatur of attachment order on grounds of international comity
  • Lead counsel in case that obtained Chapter 15 recognition for Brazilian liquidator overseeing foreign proceedings involving restaurant conglomerate whose insiders allegedly misappropriated and siphoned company assets

Chapter 15

Mr. Gluck has served as Chapter 15 counsel to foreign liquidators, creditors and administrators in numerous bankruptcy matters. In addition, he obtained Chapter 15 recognition on behalf of foreign representatives in the following cross-border insolvency proceedings:

  • In re Xenfin Fund 1 Trading Ltd., 21-16253 (AJC) (Bankr. S.D.Fla.) ("obtain Chapter 15 recognition as foreign main proceeding")
  • In re Banco Nacional S.A., (MG) (Bankr. S.D.N.Y) ("obtain Chapter 15 recognition as foreign main proceeding")
  • In re Frontera Resources Caucasus Corp. 19-13418 (MEW) (Bankr. S.D.N.Y.) ("obtain Chapter 15 recognition as foreign main proceeding")
  • In re Porcão Licenciamentos e Participacões S/a, 19-12191 (SMB) (Bankr. S.D.N.Y.) (“obtain Chapter 15 recognition as foreign main proceeding”) 
  • In re Archetype Investments Fund SPC Ltd., 19-11996 (SHL) (Bankr. S.D.N.Y.) (“obtain Chapter 15 recognition as foreign main proceeding”) 
  • In re Hits Africa Ltd. 18-11822 (MEW) (Bankr. S.D.N.Y.) (“obtain Chapter 15 recognition as foreign main proceeding”) 
  • In Re Norske Skogindustrier ASA – 18- 13571 (SMB) (Bankr. S.D.N.Y.) (“obtain Chapter 15 recognition as foreign main proceeding”) 
  • In Re Pinnacle Global Partners Fund I Ltd., 19-11573 (MKV) (Bankr. S.D.N.Y.) (“obtain Chapter 15 recognition as foreign main proceeding”) 
  • In re Platinum Partners Value Arbitrage Fund LP, 16-12925 (“obtain Chapter 15 recognition as foreign main proceeding”) 
  • In re Niton Fund SPC, 15-13252 (SMB) (Bankr. S.D.N.Y.) (“obtain Chapter 15 recognition as foreign main proceeding”) 
  • In re Madison Niche Assets Fund, Ltd., et al., 16-10043 (KJC) (Bankr. D. Del) (“obtain Chapter 15 recognition as foreign main proceeding”) 
  • In re Armada (Singapore) Pte Ltd., 09-10105 (JMP) (Bankr. S.D.N.Y.) (“obtain Chapter 15 recognition as foreign main proceeding”) 
  • In re Britannia Bulkers A/S, 08-15187 (REG) (Bankr. S.D.N.Y.), (“obtain Chapter 15 recognition as foreign main proceeding”)
  • In re The International Banking Corp. B.S.C., 09-17318 (SMB) (Bankr. S.D.N.Y.), see In re TIBC, 439 B.R. 614 (Bankr. S.D.N.Y. 2010) (“obtain Chapter 15 recognition as foreign main proceeding”) 
  • In re Transfield ER Cape Ltd. (BVI), 10-16270 (MG) (Bankr. S.D.N.Y.) (“obtain Chapter 15 recognition as foreign main proceeding”) 
  • In re Korea Line Corp., 11-10789 (REG) (Bankr. S.D.N.Y.) (“obtain Chapter 15 recognition as foreign main proceeding”) 
  • In re Farenco Shipping Co. Ltd., 11-14138 (REG) (Bankr. S.D.N.Y.) (“obtain Chapter 15 recognition as foreign main proceeding”) 
  • In re William H. Millard, In re Patricia H. Millard, 13-11625, 13-11626 (Bankr. S.D.N.Y.) (“obtain Chapter 15 recognition as foreign main proceeding”) 
  • In re Lawndale Group S.A., 15-11352 (SCC) (Bankr. S.D.N.Y.) (“obtain Chapter 15 recognition as foreign main proceeding”)
  • In re Income Collecting 1-3 Month T-Bills Mutual Fund (in Official Liquidation) 21-11601 S.D.N.Y. (DSJ) (Feb. 17, 2022) (obtain recognition as foreign main proceeding)

Credentials

Education
  • Brooklyn Law School, J.D., cum laude
  • Washington University in St. Louis, A.B.
Bar Admissions/Licenses
  • New York
Memberships
  • American Bankruptcy Institute, Member
  • INSOL - International Association of Restructuring, Insolvency & Bankruptcy Professionals
  • Maritime Law Association, Proctor In Admiralty; Bankruptcy and Insolvency Committee, Chairman
Honors & Awards
  • Lexology Client Choice Lawyer of the Year, Asset Recovery, 2020, 2021
  • Who’s Who Legal, Asset Recovery: Global Leader, 2019-2021
  • Rising Star, New York Super Lawyers magazine, 2012-2021
  • Richardson Merit Scholarship - three time recipient
  • Mindy Hymowitz Cella Memorial Scholarship (Medical Law Research)
  • CALI Award for Future Excellence: Complex Litigation
  • CALI Award for Future Excellence: Commercial Law: Sales, Int'l Sales and Leases

Publications

Speaking Engagements

News