Bar Admissions

  • New York

Court Admissions

  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York

Education

  • J.D., Fordham University School of Law, 2008
  • B.S.E., cum laude, University of Michigan, 2004
T +1 212.370.6257
F +1 212.307.5598
 

Rishi Kapoor

Counsel

Rishi Kapoor is counsel in Venable's New York office and a member of the Bankruptcy and Creditors' Rights Group. Rishi's practice focuses on a variety of complex litigation, both in and outside the bankruptcy context, as well as representing clients in mediation and advising on pre-litigation disputes. He advises commercial lenders and creditors, asset managers, investment banks, and other sophisticated corporate entities on a wide range of issues arising out of investment, financing, derivatives, and real estate-related transactions.

Rishi represents clients in all aspects of the Chapter 11 process, including first-day motions, relief from the automatic stay, 363 sales, claims litigation, avoidance actions based on preferential or fraudulent transfers, and plan confirmation.

As part of the firm's Commercial Mortgage-Backed Securities (CMBS) servicing team, Rishi frequently works with CMBS trusts and special servicers on single asset real estate bankruptcies, intercreditor disputes, foreclosure and guaranty actions, receiverships, lender-liability actions, UCC sales of mezzanine interests, and workouts, modifications and sales of CMBS loans.

Rishi also advises financial institutions in disputes relating to complex financial transactions, including those arising out of the issuance and redemption of credit-linked notes and the close-out of derivatives transactions with insolvent counterparties.

Significant Matters

Rishi has worked on several high-profile bankruptcy, litigation, and CMBS matters, including the representation of:
  • A global watch company as a Chapter 11 debtor, completing a 363 sale of the company’s assets less than two months after the commencement of bankruptcy, and obtaining Court approval of the company’s Chapter 11 plan in under four months.
  • A global investment bank in its suit against a hedge fund seeking to recover tens of millions of dollars in distributions from a liquidating trust. Prior to any discovery, the Court granted summary judgment for the firm’s client, awarding more than $30 million plus the rights to all future distributions.
  • A CMBS trust and the loan's special servicer in a breach of contract action brought by the defaulting commercial borrower challenging the servicer’s authority to administer the loan. We obtained complete dismissal of the action following a pre-answer motion to dismiss.
  • Various CMBS trusts in successfully foreclosing on properties securing securitized commercial loans ranging from millions of dollars to upwards of several billion dollars. In several of these cases, the firm successfully petitioned for the appointment of a receiver to manage the property at issue while the foreclosure action was pending.
  • A CMBS special servicer in the pre-answer dismissal of a lawsuit brought by the defaulting commercial borrower of a $27 million loan asserting claims of tortious interference and breach of fiduciary duty.  
  • A major foreign bank in reaching a court-approved settlement of its bankruptcy claims against the Lehman Brothers estate worth over $500 million, and its subsequent efforts to monetize those claims by selling them to various financial institutions. 
  • The foreign representative of an insolvent Swiss company on issues relating to its Chapter 15 filings and bankruptcy litigation against counterparties arising from the close-out of over $100 million of derivatives contracts.

Activities

Rishi maintains an active pro bono practice. He is currently representing an individual seeking asylum in the United States, and has previously obtained asylum for individuals who were persecuted in their home countries because of their political affiliation and sexual orientation. Rishi counseled the Legal Aid Society in its efforts to hold the state of New York accountable for violating a mother's due process rights when her infant son was unjustly removed from her custody. Rishi also advised a community-based nonprofit lender to small businesses in the New York City area.

Rishi has served as a coordinator of the New York office’s summer associate program and as a mentor to several summer associates. In addition, he is a member of the firm’s Diversity and Inclusion Committee and the Hiring Committee for the New York office.

While in law school, Rishi interned with the United States Attorney's Office for the Eastern District of New York and the New York Stock Exchange Regulation department.