PROFESSIONAL PROFILE

Mr. Diamond is the Managing Partner of Diamond McCarthy LLP. He maintains an office in both Houston and New York. His trial practice over the past 30 years has focused on complex business litigation, particularly matters crossing international borders and arising from distressed financial situations. He has been lead trial counsel in some of the nation's largest insolvency related litigations. Mr. Diamond has been selected as a Texas Super Lawyer for seven consecutive years (2003-2010) since the inception of that award.

Representative Cases

High Stakes Global Insolvency Related Litigation

• Currently lead trial counsel for the post-confirmation USACM Liquidating Trust arising out of the former USA Capital based sub-prime mortgage lending entities in connection with the Trust's investigation and pursuit of litigation claims involving hundreds of millions of dollars in damages in the federal courts of Las Vegas, Nevada. These claims and recoveries involve major financial institutions, corporations, accounting and legal professional organizations and other third parties.
  
  
• Currently lead trial counsel for the post-confirmation Syntax/Brillian Corporation Liquidating Trust arising out of this former publicly traded HDTV television manufacturer's losses in the hundreds of millions of dollars. Cross-border international claims are being investigated and pursued against a multitude of financial institutions, corporations and professional firms in the federal courts of Los Angeles, Delaware and Arizona as well as Taiwan and China
  
  
• Currently lead trial counsel for the Creditors Committee in the Appalachian Fuels LLC and related company bankruptcies in the Eastern District of Kentucky in connection with the investigation and pursuit of claims arising from this coal mining company's losses of more than one hundred million dollars. Claims involve a multitude of companies, former officers and directors, insurers and professional firms.
  
  
• Currently lead special trial counsel for the Chief Restructuring Officer of Equipment Acquisition Resources, a debtor in bankruptcy proceedings in Chicago, Illinois involving hundreds of millions of dollars in losses arising out of an alleged Ponzi scheme.
  
  
• Currently lead special trial counsel for the Phoenix, Arizona based Mortgages, Ltd. post-confirmation litigation trust in connection with certain claims arising out of this former mortgage lending entity and its affiliates' losses of approximately one billion dollars.
  
  
• Currently lead trial counsel for the Cayman Island court-appointed liquidators for two former Cayman Island based companies related to the former Italian international food and dairy conglomerate, Parmalat, in connection with their multi-billion dollar claims in the global MDL proceedings in the United States District Court for the Southern District of New York (along with related proceedings in the courts of Grand Cayman and Milan and Parma, Italy. Two of the cases currently are on appeal to the U.S. Court of Appeals for the Second Circuit following summary judgment and trial proceedings, respectively. Certain international claims have been settled.
  
  
• Currently lead trial counsel for the chapter 7 bankruptcy trustee for Endoscopy Centers of Nevada in connection with the prosecution and defense of various claims arising out of this high media profile bankruptcy and its related litigation proceedings in which hundreds of lawsuits are pending involving the hepatitis C infections of patients treated by the Debtor. These matters involve hundreds of millions of dollars in claims pending in the courts of Las Vegas, Nevada.
  
  
• Served as lead trial counsel for the pre and post-confirmation litigation trust of LJM2, LLP, the former Enron affiliate led by Andrew Fastow that resulted in Enron's demise, in connection with the investigation and pursuit of millions of dollars in claims arising out of Enron and LJM2's bankruptcy proceedings in Dallas and New York. Substantial recoveries were achieved.
  
  
• Served as lead trial counsel for more than 1,000 Latin American investors in connection with claims for accounting and legal professional liability, officer and director liability and financial institution tort liability of more than $350 million in damages arising out of the InverWorld, Inc. bankruptcies in the courts of San Antonio, Texas, the Grand Cayman Islands and the United Kingdom. Substantial recoveries were achieved.
  
  
• Served as lead trial counsel to the post-confirmation trustee of Agribiotech, Inc., the former Las Vegas, Nevada publicly traded forage and seed manufacturing company (largest in North America at the time) in connection with officer and director breach of fiduciary duty claims, software implementation breach of contract claims, accounting and other professional negligence and fraudulent transfer claims in the United States District and Bankruptcy Courts in Las Vegas involving more than $80 million in damages.
  
  
• Served as lead special trial counsel to the post-confirmation liquidation trust for Southeast Bancshares. At the time Southeast Bancshares was the sixth largest bankruptcy in United States history. Successful claims were prosecuted in the federal courts of Miami, Florida resulting in recoveries against former officers and directors, professional accounting and law firms, and various financial institutions. This is the most successful chapter 7 estate in terms of recoveries and payouts in U.S. history.
  

High Stakes Global and National Commercial and Financial Litigation

• Currently lead trial counsel for various New York and Boston based hedge funds in connection with credit default derivative swap (CDO) contract litigation claims arising out of the American Home Mortgage Company bankruptcy proceedings against one of the largest global U.S. financial institutions pending in Delaware federal court.
  
  
• Currently lead trial counsel for various companies and world renowned cardio thoracic heart surgeons at NYU Medical Center in NY in connection with certain patent and legal malpractice related litigation claims pending in the United States District Court for the Southern District of New York.
  
  
• Served as lead trial counsel to global Dutch bank, Rabobank Netherlands, in connection with parallel international proceedings involving more than $100 million in claims against another international European bank, former officers and directors of an international dry fruits and nuts processor as well as cross-border accounting and audit malpractice litigation against one of the big four accounting firms in Contra Costa County, California, Fresno, California and London, England.
  
  
• Served as lead trial counsel to Tricontinental Industries, a publicly traded company based in Vancouver, Canada in connection with securities fraud, negligent misrepresentation and other claims arising out of Chicago based Anicom, Inc.'s demise in the federal courts of Chicago, Illinois.
  
  
• Served as lead trial counsel to Mercury Air Group, a publicly traded airline transportation company, in the state and federal court courts of Los Angeles, California in connection with the defense of securities, unfair competition, antitrust, breach of contract and other claims arising out of a failed corporate acquisition

ADMISSIONS AND QUALIFICATIONS

• State Bar of Texas


• State Bar of Georgia


• State Bar of NY


• United States Supreme Court, United States Courts of Appeals for the 2nd, 5th, 7th, 9th, 10th and 11th Circuits and numerous United States District Courts throughout the United States including, among others, those in Las Vegas, Los Angeles, Chicago, Miami, New York, San Francisco, and all federal districts in the State of Texas.

Mr. Diamond also serves on the Advisory Board for Emory University School of Law and is a member of the Texas Bar Foundation and the Houston and Dallas Bar Associations. He has served for many years as co-chair of the State Bar of Texas Advanced Bankruptcy Litigation Committee, State Bar grievance committees and is a frequent lecturer at conferences around the world on international trial, insolvency and discovery matters. Mr. Diamond is an honorary member of the Commercial Bar Association of England and Wales, North American Division, a member of the Congress of Fellows for the Center for International Legal Studies in Salzburg, Austria, the International Bus. Law Consortium, the American Bankruptcy Institute, INSOL, (London), the IBA, (London), and the ABA International Litigation Division.