Kyle A. Lonergan

Kyle Lonergan is a Principal in the New York office of McKool Smith. Kyle focuses on complex commercial litigation and bankruptcy litigation. Kyle has handled significant matters in a number of areas, including fraudulent conveyances, directors’ and officers’ liability, professional liability, insurance coverage, and a wide range of financial and contractual disputes. Currently, among other matters, Kyle is representing the litigation trustees of major commercial bankruptcy estates in pursuing hundreds of millions of dollars of claims against numerous parties. These matters include the bankruptcy estates of Rite Aid, Instant Brands, Tops Markets, Endo Pharmaceutical, Millennium Health, and Alliance Health.

Kyle’s work on behalf of his clients has received extensive press coverage in national, regional, and local publications. His courtroom successes have been covered by the Wall Street Journal, The Financial Times, Bloomberg, Law360, the American Bankruptcy Institute, and the New York Law Journal, among other publications. Kyle also has been recognized by Chambers USA, and has been included in every edition of Lawdragon's 500 Leading Plaintiff Financial Lawyers.

Kyle has also handled several pro bono matters involving environmental issues. He has represented the Natural Resources Defense Council (NRDC) and other environmental groups in litigation that has resulted in significant protections for some of the country’s most important national parks, including Everglades National Park in Florida and Grand Teton National Park in Wyoming.

Kyle also serves as an Emeritus Member, and former Co-Chair, of the New York City Development Council for U.S. Soccer, whose members serve as ambassadors and fundraisers for U.S. Soccer.

• Tops. Represent the Trustee of the Tops bankruptcy estate in pursuing hundreds of millions of dollars of claims against the former owners and directors of the Tops grocery chain who orchestrated, authorized, and received illicit dividends from the company.
• Instant Brands. Represent the Litigation Trustee of the Instant Brands bankruptcy estate in investigating and pursuing claims against various parties.
• Endo. Represent the Trustee of the Endo bankruptcy estate in litigation against over three dozen insurance company defendants.  The action seeks insurance coverage for hundreds of millions of dollars of losses suffered by Endo due to liability related to certain of Endo’s opioid and other products.
• Right Aid. Represent the Trustee of the Rite Aid bankruptcy estate in pursuing insurance coverage claims against numerous insurers for Rite Aid’s opioid liability.
• Millennium. Represent the Trustee of the Millennium bankruptcy estate in pursuing hundreds of millions of dollars of claims against several major banking institutions who misled investors in a syndicated loan and received fraudulent transfers from the company. Settled case against big four accounting firm.
• Alliance Health. Represent the Litigation Trustee of the Alliance health bankruptcy estate in pursuing over $100 million in claims against the Debtors’ professionals.
• ITT Educational Services. Represented the Trustee of the ITT bankruptcy estate in pursuing hundreds of millions of dollars of claims against numerous entities in connection with a private student loan program. Settled matters with financial institutions and big four accounting firm. 
• M&A Litigation. Represent international private security company in pursuing claims against investment funds in connection with M&A transaction.
• Biopharmaceutical disputes. Represent early-stage biopharmaceutical companies in their contractual disputes with counterparties.
• Directors & officers litigation. Defended executives of music streaming service in lawsuit brought by major music label in connection with company’s bankruptcy filing.
• Freddie Mac. Represented Freddie Mac in pursuing over $1 billion of claims against big four accounting firm for its flawed audits of Taylor Bean & Whitaker Mortgage Corp. (TBW), which was the largest independent mortgage lender in the United States before it collapsed into bankruptcy. Settled case on the eve of trial.
• Insurance coverage litigation. Represent claimants in insurance recovery litigation against U.S.-based and international insurance companies.
• MBS put-back and securities fraud litigation. Represented investors in connection with their efforts to maximize recoveries on their MBS holdings through litigation and settlement.
• Ocala Funding LLC litigation. Defended party against fraudulent transfer claims of over $800 million by Debtor Ocala Funding LLC and its litigation trust.
• ResCap LLC bankruptcy. Represented large creditor and MBS holder in ResCap bankruptcy proceeding, including with respect to the debtors’ $8 billion MBS settlement.
• “Pay-to-play” litigation. Represented prominent individual and his investment fund in litigation arising from the New York Attorney General’s “pay-to-play” pension fund investigation. Awarded dismissal with prejudice of all claims against clients.
• National Century Financial Enterprises (NCFE). Represented three independent directors of NCFE in multidistrict litigation arising from what the U.S. government at the time called the largest private company fraud in history.
• Viacom, Paramount, and Sumner Redstone. Represented Viacom, Paramount, and Sumner Redstone in federal and state antitrust actions alleging horizontal and vertical conspiracies and price discrimination. Awarded directed verdict after trial in federal action.
• British Energy. Represented British Energy in arbitration concerning power purchase contract. Final award issued in favor of client, denying all of plaintiff’s claims.
• The Blackstone Group. Represented The Blackstone Group in contract dispute with potential franchisee.

• Named a "Client Service All-Star" by BTI Consulting Group (2023)
• Recognized among Lawdragon's 500 Leading Plaintiff Financial Lawyers (2019-2024)
• Recognized for commercial litigation in New York by Chambers USA (2017 and 2018)

• Member, Bankruptcy Litigation Committee, American Bankruptcy Institute
• Member, National Association of Bankruptcy Trustees