Trevor Swett is a member in Caplin & Drysdale’s Washington, D.C. office. His practice emphasizes bankruptcy litigation related to corporate reorganizations and the prosecution and defense of complex civil cases involving allegations of financial misconduct. Mr. Swett also has substantial experience representing taxpayers in litigation against the Internal Revenue Service. Mr. Swett was elected to membership in 1989, having joining the firm as an associate in 1985.
In the area of corporate bankruptcy and creditors’ rights, Mr. Swett has focused on asset recovery litigation and has accumulated a depth of experience in suits for fraudulent conveyance, successor liability, and piercing the corporate veil. Mr. Swett is lead litigation counsel for the Official Committee of Asbestos Claimants in the Chapter 11 bankruptcy case of G-I Holdings, Inc., including related adversary proceedings for fraudulent transfer and successor liability. He represented the Unsecured Creditors Committee of Raytech Corporation in a bankruptcy-related suit for fraudulent transfer and breach of fiduciary duty against certain insiders of the debtor’s former affiliate. 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.
Mr. Swett has represented a leading financial institution in disputes arising out of the subprime mortgage crisis and related conditions in the credit markets. His principal engagement in this area involved protecting that institution's interests in the bankruptcy case of a large mortgage loan originator.
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. Mr. Swett has also served as counsel in an internal corporate investigation involving potential product liabilities and has represented financial professionals in federal enforcement proceedings.
As a tax litigator, Mr. Swett has appeared as lead counsel in Tax Court trials concerning the allocation of purchase price for a professional sports team and a spouse’s claim for relief from tax liabilities incurred by her husband. He has also served as co-counsel in a “whipsaw” dispute in which two major corporations vied against one another and against the IRS for a large tax benefit arising out of a simultaneous merger and spin-off transaction. His experience includes tax refund litigation in federal District Court and the representation of taxpayers in administrative appeals aimed at resolving tax controversies before litigation.