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Education

  • J.D., University of Virginia School of Law, 1981, Order of the Coif; Executive Editor of the Virginia Law Review
  • B.A., Yale College, 1974, cum laude

Bar and Court Admissions

  • District of Columbia
  • Maryland
  • New York
  • U.S. Supreme Court
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. District Court for the District of Columbia
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. Tax Court

Other Professional Affiliations

American Bar Association, Section of Litigation

American Bankruptcy Institute

Commercial Bar Association (London)-- Overseas Member

Government Experience

Law Clerk to the Honorable Harrison L. Winter, Chief Judge, United States Court of Appeals for the Fourth Circuit, 1981-1982

Trevor W. Swett III

Member, Washington, D.C.
(202) 862-5081
tswett@capdale.com | v-card | PDF
Trevor (Ted) Swett is a Member in Caplin & Drysdale's Washington, D.C., office. He was elected to membership in 1989, having joined the firm as an associate in 1985. Mr. Swett has been recognized as a "Leading Lawyer" by Chambers USA, The Legal 500, and Benchmark Litigation for his work in Bankruptcy/Restructuring.

Services

Mr. Swett's practice emphasizes bankruptcy litigation related to corporate reorganizations and the prosecution and defense of civil cases involving allegations of financial misconduct. He has focused on the issues characteristic of complex asbestos-related bankruptcies and on asset recovery litigation involving theories of fraudulent conveyance, successor liability, and piercing the corporate veil. He also has substantial experience representing financial institutions in commercial litigation and taxpayers in litigation against the Internal Revenue Service.

Highlights

  • Mr. Swett is lead litigation counsel for the Asbestos Claimants Committee in the Chapter 11 bankruptcy case of Garlock Sealing Technologies, LLC, pending in the United States Bankruptcy Court for the Western District of North Carolina.
  • He represented the Asbestos Claimants Committee in the bankruptcy liquidation of Motors Liquidation Company (formerly, General Motors). A contested proceeding for estimating the debtor's asbestos liability was settled, and a trust for General Motors' asbestos claimants has been established and funded under a confirmed plan of liquidation.
  • Mr. Swett served as counsel to an official committee of unsecured creditors in the bankruptcy of Durabla Manufacturing Company and affiliates. Asbestos claimants were the major creditor body in the case. The case concluded in a confirmed plan of reorganization involving domestic and foreign affiliates, under which a trust was created for the benefit of asbestos claimants.
  • Mr. Swett served as lead litigation counsel for the Asbestos Claimants Committee in the Chapter 11 bankruptcy case of G-I Holdings and related adversary proceedings for fraudulent transfer and successor liability. G-I and its principals agreed to a settlement under which they have funded a $775 million trust for our client's constituency.
  • He represented the Unsecured Creditors Committee of Raytech Corporation in a successful suit for fraudulent transfer and breach of fiduciary duty against insiders.
  • In the Chapter 11 reorganization of Hillsborough Holdings Corporation, he acted for tort victims in litigation to impose liability on the parent of the Celotex Corporation under a theory of piercing the corporate veil.
  • He represented a leading financial institution in disputes arising out of the subprime mortgage crisis, including the bankruptcy of a large mortgage loan originator and a controversy between banks concerning alleged mis-selling of a collateralized debt obligation.
  • As a business litigator, Mr. Swett has acted for plaintiffs and defendants in suits involving allegations of fraud, misrepresentation, breach of fiduciary duty, and accounting malpractice, and has represented financial professionals in federal enforcement proceedings.
  • As a tax litigator, he has tried Tax Court cases concerning the allocation of purchase price for a professional sports team and a spouse's claim for relief from her husband's tax liabilities. He has litigated a "whipsaw" dispute in which two major corporations vied against one another and the IRS for a large tax benefit. He has also conducted tax refund litigation in federal District Court.

Awards & Rankings

  • Super Lawyers, Washington D.C., 2014
  • The Legal 500, Recommended, 2014; Leading Lawyer, 2010-2013
  • Chambers USA, 2013-Present
  • Benchmark Litigation, Leading Lawyer, 2010-Present
  • Martindale-Hubbell AV Preeminent

Recent News

Click here for a full list of media coverage.

Recent Speaking Engagements

Mr. Swett has made speeches and presentations on a variety of litigation issues, including challenges to LBOs as fraudulent conveyances, hedge fund redemptions, piercing the corporate veil, limited shareholder liability, corporate governance and conflict of interest, liability in tort for aiding and abetting, and legal and ethical constraints on cross-examination.

Mr. Swett's speaking engagements also include:

  • Speaker, Duties of the Hedge Fund General Counsel in the World of Financial Reform, 4th Annual Hedge Fund General Counsel Summit, October 4, 2010
  • Riding Out the Storm: Hedge Funds and the Financial Crisis, February 12, 2009
  • Legal Test of Solvency in Fraudulent Convenyance Litigation - Do Future Claims Count?, November 1, 2006

Click here for a full list of speaking engagements.

Recent Publications

Click here for a full list of publications.