What We Do

Glenn Agre litigates disputes arising from the complex financial products that fund, leverage, and distribute private credit and other asset-backed markets, including CLOs, warehouse facilities, private loan securitizations, rated note structures, and the waterfall and intercreditor arrangements that govern how cash flows through them. When these structures fail, the resulting disputes can span multiple forums and implicate multiple theories of liability. We handle all of them.

Our team is anchored by lawyers who spent years prosecuting and resolving claims across hundreds of residential and commercial mortgage-backed securitization trusts — representing trustees in putback actions seeking to recover billions of dollars from the investment banks that originated and securitized defective loans, prosecuting securities claims on behalf of government-sponsored enterprises, and litigating waterfall disputes over competing classes of investors. That work required mastering every layer of a securitization: how loans are originated and underwritten, how representations and warranties allocate risk, how servicers and collateral managers exercise discretion, how coverage tests trigger cash flow diversions, and how conflicts of interest between deal participants produce the failures that give rise to litigation. We bring that fluency to the full range of structured finance disputes now emerging from private credit markets.

When a CLO or securitization collapses, creditors, investors, and trustees can pursue claims simultaneously in bankruptcy court, federal district court, and professional malpractice actions. Glenn Agre’s nationally ranked bankruptcy and restructuring practice, accounting malpractice capability, and trial-tested commercial litigation team allow us to pursue the full chain of responsibility — from the collateral manager who made the decisions, to the auditor who approved the valuations, to the rating agency whose models failed — across every forum where these claims can be brought. That cross-disciplinary reach, in a firm built for high-stakes courtroom advocacy, is what our clients’ most consequential structured finance disputes require.

Who We Are

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Why Clients Come to Glenn Agre

Private Credit Disputes

As direct lending, leveraged credit facilities, and other non-bank financing arrangements have proliferated, so have the disputes that arise when those structures are stressed, misrepresented, or exploited. We represent lenders, borrowers, investors, creditors, and litigation trustees in matters spanning credit agreement enforcement, lender liability claims, covenant breach, valuation disputes, and loss recovery against insiders, advisors, and auditors. When private credit structures become the subject of liability management exercises, these matters are handled by our bankruptcy and restructuring lawyers who are “go-to” counsel for minority lenders.

Structured Finance Fraud and Collateral Disputes

When structured financing arrangements become instruments of fraud — through collateral manipulation, double-pledging of assets, misrepresentation of asset quality, or concealment of off-balance sheet obligations — the resulting litigation is technically complex and the stakes are high. We pursue and defend these claims on behalf of creditors, lenders, and trustees, including actions for bank fraud, breach of contract, fraudulent transfer, and loss recovery.

Accounting Malpractice in Structured Finance

Auditor failures are frequently embedded in structured finance collapses, where off-balance sheet arrangements, securitization vehicles, and leveraged credit facilities obscure true financial conditions that a diligent auditor should have detected. We bring accounting malpractice claims against audit firms whose failures allowed those conditions to persist, with command of both the technical audit standards at issue and the financial structures that were misrepresented.

RMBS and Asset-Backed Securities Litigation

Disputes involving mortgage-backed and other asset-backed securities demand both technical fluency and courtroom strength. We represent trustees, government-sponsored enterprises, institutional investors, and financial institutions in breach of contract claims, putback actions, and fraud litigation arising from the origination, packaging and sale of defective loan portfolios. Our lawyers have prosecuted claims on behalf of Fannie Mae, Freddie Mac and major securitization trustees against some of the largest financial institutions in the country.

Who We Represent

We represent financial market participants, regularly including:

  • Institutional trustees and indenture trustees enforcing noteholder rights — and defending their own conduct when portfolio stress puts their obligations at issue;
  • Investors and noteholders pursuing recoveries for losses caused by origination defects, valuation fraud, or collateral manager misconduct;
  • Creditor groups and litigation trustees appointed to investigate and prosecute claims on behalf of impaired classes; and
  • Lenders navigating intercreditor disputes.