Counsel Who Say 'Don't File'

John is joined by David Proman, Co-Founder and Managing Partner of Atlas Grove Partners and long-time Quinn Emanuel client. They discuss David’s extensive experience working with elite law firms, including Quinn Emanuel, on high stakes matters involving structured finance, digital assets, and complex bankruptcies. At Atlas Grove and its subsidiary, GXD Labs, David has built an investment platform that identifies legal claims as investment opportunities. 

One example of such an opportunity was David’s early and aggressive pursuit of RMBS claims. In 2010, David was at a fund called Fir Tree Partners that was the most activist fund manager in the RMBS space. They pursued cases against the world's largest banks for breaches of warranties, which led to recovering almost $4 billion for Fir Tree Partners’ investors. David worked with Quinn Emanuel partner Sascha Rand on many of these cases, adding “we have great thanks and gratitude to Quinn Emanuel for working on this with us for over a decade against some of the world's most significant counterparties". 

Another example was the Celsius bankruptcy. Celsius was a crypto lending platform with 600,000 customers. At its peak, it had almost $20 billion in liabilities. Celsius’s customers stored their Bitcoin, their Ethereum, or their digital tokens using deposits, similar to bank deposits. When Bitcoin dropped dramatically in 2022, the company became insolvent and filed for bankruptcy. Bankruptcy proceedings revealed numerous legal issues, including fraud.

David’s Blockchain Recovery Investment Consortium (BRIC) won the role of litigation administrator and crafted a plan focused on returning value to defrauded customers. Working closely with Quinn Emanuel partner Ben Finestone, BRIC’s strategy involved bringing claims against counterparties across the world who had harmed Celsius before it went bankrupt. One of BRIC’s biggest recoveries resulted from a $300 million settlement with Tether. David credits Ben with bringing strong legal claims and strategies to defeat “issues that I don't think have ever been litigated before in crypto.”

When working with law firms, success depends on aligning the incentives of the firm and the client, maintaining open communication, and active client involvement in developing legal strategies, especially in complex or novel sectors like cryptocurrencies. Counsel should be both strategically creative and brutally honest about risks. As David said, “that's part of the reason why I love you guys: because you always give me honest feedback.” David also believes that fee structures should prioritize results over billable hours. After the case, all parties should reflect on both wins and losses to continuously improve decision-making.

Finally, David and John discuss the evolving legal risk in AI infrastructure, where opaque contracts and fast-changing technology may spark future waves of litigation.

Podcast Link: Law-disrupted.fm
Host: John B. Quinn
Producer: Alexis Hyde
Music and Editing by: Alexander Rossi