Gary S. Posner

Gary S. Posner

PARTNER
gposner@wtplaw.com
BALTIMORE
T: 410.347.9406
F: 410.223.4306



Mr. Posner, practicing for over 28 years, primarily concentrates his practices in the areas of business and bankruptcy litigation, appellate and alternative dispute resolution and has litigated cases in Maryland and throughout the country with permission of the host courts from Florida to New York to Nevada and places in between.  He has handled such cases in which he has obtained a $13 million judgment on behalf of litigation trust in leveraged buyout/fraudulent conveyance action and recovered through litigation and negotiation a $16 million settlement on behalf of another litigation trustee in leveraged buyout/fraudulent conveyance action.  He has also represented creditors in acquisition of bankrupt debtor’s ownership interests in amusement company, real estate holding company and automated teller machine business. Among his business litigation cases, Mr. Posner, succeeded in obtaining not-for-profit entity’s consensual reinstatement into a trade organization after extensive litigation, defeated class certification on behalf of nationwide credit counseling service in action brought by allegedly aggrieved consumers; obtained jury verdict and judgment in favor of individuals and against bank under Maryland’s Deceptive and Unfair Trade Practices Act, after bank swept money from their account to cover allegedly bad checks; obtained complete summary judgment on behalf of defendant credit counseling service in case brought by consumer alleging credit counseling service violated Minnesota Debt Prorating Agencies Act, Minnesota Credit Services Organization Act, Minnesota Consumer Fraud Act and unjust enrichment and obtained judgment in favor of a factoring company enforcing termination fee in a factoring agreement against the invoice seller and obtained judgment at trial defending a seven-figure counterclaim brought by invoice seller against his client.

Recognitions

  • AV Peer Review Rated: Martindale-Hubbell
  • Listed in Best Lawyers in America, 2011 - present
  • Listed in Maryland Super Lawyers, 2013 - present
  • Awarded:  Governor's Citation for Volunteer Efforts on Behalf of Literacy
 

Memberships & Activities

  • Member: Maryland State Bar Association
  • Member: MSBA Public Awareness Committee (1989-1995)
  • Member: American Bankruptcy Institute
  • Board Member: Learning Bank of COIL, Inc., Chairman (1998 - 2000), Member of Executive Board (1996 - 2000)
  • Adat Chaim Congregation: President (2004-2006); First Vice President (2002-2004); Second Vice President (2000-2002)
  • Best Lawyers Designation

Bankruptcy Litigation

  • Obtained $13 million judgment on behalf of litigation trust in leveraged buyout/fraudulent conveyance action in United States Bankruptcy Court for the Western District of New York
  • Recovered $16 million settlement on behalf of litigation in leveraged buyout/fraudulent conveyance action in United States Bankruptcy Court for the District of Delaware
  • Obtained nearly $500,000 judgment on behalf of bankruptcy estate and intervening surety company in preference action in United States Bankruptcy Court for Middle District of Pennsylvania
  • Obtained judgment for recovery of assets on behalf of Chapter 11 Trustee, including recovery of gold bars, silver and other treasure that had been salvaged from the Nuestra Senora de Atocha, which ship sunk in 1622 off the Florida Keys, in the United States Bankruptcy Court for the District of Maryland
  • Represented Chapter 7 and Chapter 11 trustees in assorted litigation to recover and administer assets and defended trustees against claims of dispossessed debtors
  • Represented creditor in acquisition of bankrupt debtor’s ownership interests in amusement company, real estate holding company and automated teller machine business
  • Successfully defended creditors in numerous preference action adversary proceedings
  • Litigated numerous bankruptcy issues including plan confirmation, disclosure statement adequacy, use of cash collateral, lift stays cases, dismissal motions, allowance of claims and valuation of assets
 

Business Litigation

  • Obtained summary judgment on behalf of investment firm in the United States District Court for the Eastern District of Pennsylvania to avoid developer-borrower’s a fraudulent transfer of tax refund deposited into principal’s tenants-by-the entireties bank account
  • Enforced judgment in a contested civil garnishment on behalf of creditors in the United States District Court for the District of Maryland defeating debtor’s claims that assets to be garnished were exempt as proceeds of personal injury settlement
  • Obtained approximately $300,000 judgment on behalf of a hotel equipment lessor and seller against trucking company agent for damage to goods, in the United States District Court for the District of Maryland
  • Obtained favorable resolution on behalf of tax exempt organization of IRS’s revocation of exemption after extensive litigation in the United States District Court for the District of Columbia and parallel litigation in the United States Tax Court
  • Succeeded in obtaining not-for-profit entity’s consensual reinstatement into a trade organization after extensive litigation in the Circuit Court of the 18th Judicial Circuit in and for Seminole County, Florida
  • Defeated class certification on behalf of nationwide credit counseling service in action brought by allegedly aggrieved consumers in the Superior Court of New Jersey, Burlington County
  • Obtained jury verdict and judgment in favor of individuals and against bank under Maryland’s Deceptive and Unfair Trade Practices Act, after bank swept money from their account to cover allegedly bad checks, in the Circuit Court of Maryland for Baltimore City
  • Obtained complete summary judgment on behalf of defendant credit counseling service in case brought by consumer alleging credit counseling service violated Minnesota Debt Prorating Agencies Act, Minnesota Credit Services Organization Act, Minnesota Consumer Fraud Act and unjust enrichment, in State of Minnesota, County of Dakota, District Court, First Judicial District
  • Obtained judgment in favor of factoring company enforcing termination fee in factoring agreement against invoice seller and defending seven-figure counterclaim brought by invoice seller against factoring company, Circuit Court of the 11th Judicial Circuit in and for Miami-Dade County, Florida
  • Representation of hotel industry-related equipment supplier in enforcing equipment leases and defending breach of warranty claims
  • Defense of construction equipment seller against breach of warranty claims
  • Defense of federally chartered banks against lender liability claims
  • Defense of borrowers in confessed judgment action and prosecution of lender liability claims
  • Class action representation of children in foster care in effort to resolve systemic problems and enhance conditions for said children
 

Appellate Experience

  • Argued appeal before the United States Court of Appeals for the Fourth Circuit (obtained affirmance of District Court’s decision declining to recognize exemption from attachment claimed by judgment-debtor)
  • Argued appeal before Court of Appeals, First Appellate District, Hamilton County, Ohio (obtained reversal of lower court’s decision that had declined to enforce arbitration clause in agreement)
  • Argued appeals before the Court of Special Appeals of Maryland
 

Alternative Dispute Resolution and Other Experience

  • Served as counsel to parties in multiple arbitration and mediations of before U.S. Magistrates, retired judges, court-appointed arbitrators and mediators as well as party-selected ones, in a range of commercial disputes
  • Representation of certified public accounting professional association in Maryland legislature and before Attorney General regarding pending legislation and Attorney General Opinions

NEWS

57 WTP Attorneys Listed in Best Lawyers in America 2019, Four Named "Lawyer of the Year"

57 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2019 (copyright 2018 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Delaware, Maryland, Virginia and Washington offices. Client comments are posted on the U.S. News & Best Lawyers web site.

59 WTP Attorneys Listed in Best Lawyers in America 2018, Two Named "Lawyer of the Year"

59 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2018 (copyright 2017 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Maryland, Washington and Virginia offices. Client comments are posted on the U.S. News & Best Lawyers web site, at bestlawfirms.usnews.com.

In addition, two lawyers were selected as “Lawyer of the Year” for their particular areas of practice.


59 Whiteford, Taylor & Preston Attorneys Listed in Best Lawyers in America, 2017, Eight Named as "Lawyers of the Year"

Fifty-nine lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2017 (copyright 2016 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Maryland, Washington and Virginia offices.

In addition, eight lawyers were selected as “Lawyers of the Year” for their particular areas of practice. 


63 Whiteford, Taylor & Preston Attorneys Listed in Best Lawyers in America, Four Named as "Lawyers of the Year"

Sixty-three lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2015 (copyright 2014 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Maryland, Washington and Virginia offices.

In addition, four lawyers were selected as “Lawyers of the Year” in the Baltimore region for their particular areas of practice.


Fifty-Four Whiteford Attorneys Named Super Lawyers and Rising Stars in Maryland

Whiteford, Taylor & Preston is pleased to announce that 54 of its Maryland-based attorneys are listed among the 2014 Super Lawyers and Rising Stars.

The firm is particularly proud of the young lawyers who are recognized as “Rising Stars” and the three partners who received special recognition -- Edward Buxbaum and Dwight Stone in the Top 100, and Mary Claire Chesshire in the Top 50 Women.


61 Whiteford, Taylor & Preston Attorneys Listed in Best Lawyers in America; Nine Named as "Lawyers of the Year"

Sixty-one lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2014 (copyright 2013 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Maryland, Washington and Virginia offices, including the firm's new Roanoke office.

In addition, nine lawyers were selected as “Lawyers of the Year” in their jurisdictions and areas of practice.


Whiteford Taylor Receives "Trailblazer Award" from the Equal Justice Council

Whiteford Taylor & Preston was very honored to receive a Trailblazers Award from the Equal Justice Council of Maryland Legal Aid on June 18, 2013.

The Council noted that Trailblazer Awards are given to firms that have "continuously demonstrated their commitment to ensuring equal access to justice and support of Maryland Legal Aid…"


Sixty-Four Whiteford Attorneys Named Super Lawyers and Rising Stars in Maryland, Delaware, Virginia

Whiteford, Taylor & Preston is pleased to announce that 64 of its attorneys are listed among the 2013 Super Lawyers and Rising Stars in three states.

The firm is particularly proud of the young lawyers who are recognized as “Rising Stars”; the four partners who are listed in the Top 100 in Maryland – Edward Buxbaum, Edwin Fee, William Ryan, and Dwight Stone; and the 16 who are named for the first time this year.


60 Whiteford, Taylor & Preston Attorneys Listed in Best Lawyers in America Five Named as "Lawyers of the Year"

Sixty lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2013 (copyright 2012 by Woodward/White, Inc., of Aiken S.C.).

This represents an increase of seven over last year.  The lawyers selected are based in the firm’s Maryland, Washington and Virginia offices.

In addition, five lawyers were selected as “Lawyers of the Year” in their jurisdictions and areas of practice.