Stephanie Ainbinder is a versatile commercial litigator who handles complex civil disputes from pre-suit investigation through trial and appeal. She has particular experience in bankruptcy and restructuring litigation, transactional disputes and arbitration, and data preservation, e-discovery, and AI.
Debtors, special committees, and private equity sponsors turn to Stephanie to resolve disputes that threaten their deals, from chapter 11 adversary proceedings to post-closing earnout disputes. They value her resourcefulness and speed. Companies in highly regulated industries, including energy and health care, rely on her in high-stakes commercial litigation and arbitration, and directors and officers look to her to defend fiduciary duty and stockholder claims. Clients also seek her counsel before they sign, asking her to assess litigation risk in major transactions.
Stephanie also advises clients on data preservation obligations, wins discovery motions that shift case outcomes, and develops protocols for the responsible use of AI in litigation.
Prior to joining Ropes, Stephanie clerked for the Honorable O. Rogeriee Thompson of the U.S. Court of Appeals for the First Circuit, the Honorable Indira Talwani of the U.S. District Court for the District of Massachusetts, and the Honorable Elspeth Cypher of the Massachusetts Supreme Judicial Court. She also served as an Assistant District Attorney in the Suffolk County Appeals Unit and taught at Northeastern University School of Law.
Stephanie maintains an active pro bono practice focused on LGBTQ+ rights.
Experience
Bankruptcy & Restructuring Litigation
- Won a chapter 11 adversary proceeding decision for Hooters of America, LLC and affiliated debtors that allowed the transaction to close, and advised the special committee in its investigation. The cases restructured approximately $380 million of funded debt.
- Counsel to the special committee of Cutera, Inc. in its investigation during Cutera’s prepackaged chapter 11 cases, which cut its debt by over 90%.
- Counsel to TGI Friday’s Inc. and affiliated debtors in chapter 11 cases and related adversary proceeding, resulting in emergence and successful deal that included the sale of substantially all of assets pursuant to section 363.
- Counsel to special committees in several confidential investigations of potential estate claims, each leading to a successful out-of-court restructuring.
- Advised a private equity firm on acquisition risk where the target faced claims in bankruptcy.
- Defends a former officer against breach-of-fiduciary-duty and related claims in an adversary proceeding with over $100 million in dispute.
Commercial Litigation & Arbitration
- Obtained dismissal with prejudice of breach-of-contract and fraud claims brought after sale of portfolio company, including protecting individual officers of a private equity firm.
- Negotiated a settlement of a post-closing earnout dispute that secured complete indemnification and dismissal with prejudice.
- Resolved a post-closing adjustment dispute favorably for a pharmaceutical company.
- Represented a public company in a threatened shareholder dispute, avoiding suit without altering the company’s planned action.
- Secured dismissal with prejudice of stockholder claims against directors and officers challenging a change-in-control sale.
- Advised a client on state and federal compliance strategy, enabling it to complete an asset sale for over $2 billion.
- Negotiated a resolution for a technology services company facing breach-of-contract claims for discontinuing select product offerings.
- Protects a major holding company in a highly regulated industry in commercial litigation with over $450 million in dispute.
- Advises an energy utility provider on the risk of government regulatory intervention affecting a significant joint venture.
- Represents a large hospital system in a high-value FEMA reimbursement arbitration.
- Conducts litigation due diligence for private equity sponsors and strategic acquirers.
- Protected more than a dozen criminal and civil jury verdicts and judicial decisions on appeal, including a decision that changed the law.*
Data Preservation, Discovery & AI
- Directed data preservation plan after a technology company’s data breach, including developing protocol for retaining AI artifacts consistent with applicable discovery rules.
- Won a motion to compel the plaintiff’s financial data in a breach-of-contract case, leading to settlement at less than one-third of the alleged contract value.
- Secured orders compelling production of the plaintiff’s electronic records in a fraud case, resulting in a partial voluntary dismissal.
- Developed protocol for analyzing AI risks to publicly-filed documents with redacted, confidential information.
- Advises clients on data preservation obligations triggered by threatened and pending litigation or investigations.
- Represents a global online entertainment company in discovery disputes across multiple jurisdictions involving e-discovery, data retention and spoliation, data analytics, and AI.
*Includes experience prior to joining Ropes & Gray