For more than 15 years, Aaron Casagrande’s practice has spanned a broad array of business and commercial matters. His engagements have included the representation of companies, creditors, and trustees with investigations and litigation involving director and officer liability, mismanagement, business fraud, antitrust and false claim act claims and other commercial disputes. Aaron has extensive experience in litigating disputes on behalf of Chapter 7 Trustees and post-confirmation bankruptcy trusts, including the administration and wind-down of bankruptcy estates. He also represents companies, creditors, and trustees in financial restructurings, bankruptcy proceedings, and related litigation. Aaron has advised clients through both civil and criminal governmental investigations.
Aaron has also successfully defended two of Maryland’s largest jurisdictions in multiple pieces of litigation concerning land use and development decisions made by those jurisdictions and resulting claims pursued by landowners in response thereto, including the defense of constitutional takings claims and claims under the Religious Land Use and Institutionalized Persons Act.
Aaron’s experience includes handling issues arising from electronic discovery and electronically stored information. He routinely advises clients through the discovery process during complex litigation and in response to civil and investigative subpoenas, including the preservation, collection, review, and production of electronically stored information and the implementation of software tools to streamline the process. At his prior firm, Aaron was a co-chair of its E-Discovery Practice Group.
Aaron began his career as a law clerk for the Honorable Ellen L. Hollander at the Maryland Court of Special Appeals, now known as the Appellate Court of Maryland.
Reported and Representative Cases
- Represented Montgomery County, Maryland, in defense of a lawsuit in U.S. District Court for the District of Maryland brought by one of the largest residential developers in the country that alleged that its plans to develop 541 acres of land were frustrated when the County took steps to change zoning, impose new restrictions and delay or deny water and sewer service to the property, including claims of violation of constitutional due process and unconstitutional takings. After extensive discovery, the District Court granted the County’s motion for judgment on the pleadings, a decision subsequently affirmed by the Fourth Circuit. See Pulte Home Corporation, et al. v. Montgomery County Maryland, et al., 909 F.3d 685 (4th Cir. 2018).
- Represented Montgomery County, Maryland, in defense of a lawsuit in U.S. District Court for the District of Maryland challenging a County decision to deny the request of a landowner to extend public sewer connection to support construction of a 2,000-seat church. Plaintiffs asserted claims under the Religious Land Use and Institutionalized Persons Act (commonly known as RLUIPA), as well as other federal and state constitutional claims. The District Court granted summary judgment in the County’s favor, the Fourth Circuit affirmed that ruling and the United States Supreme Court denied plaintiffs’ petition for writ of certiorari. See Canaan Christian Church, et al. v. Montgomery County Maryland, et al., 29 F. 4th 182 (4th Cir. 2022), cert denied, 143 S.Ct. 566 (2023).
Selected Experience
Corporate Governance, Professional Liability, Trustee Representation, Bankruptcy Litigation and Special Counsel Services
- Counsel to the Liquidating Trust of an international consulting firm in the investigation and pursuit of claims against a former officer and directors of the consulting firm for breach of fiduciary duties. The bankruptcy case was commenced in the United States Bankruptcy Court for the Southern District of New York, and the corporate governance case in Virginia state court settled for $55 million.
- Special Litigation Counsel to a regional medical center in its Chapter 9 bankruptcy case in the investigation and successful pursuit of claims of officer liability, fraud, professional malpractice, and breach of contract against certain of the hospital’s former officers and its former hospital management company.
- Counsel to the Litigation Trust for a New York hospital and healthcare system in its investigation and successful pursuit of officer liability and professional malpractice claims in New York.
- Counsel to the Chapter 7 Trustee of the estate of a regional furniture retailer in the investigation and pursuit of claims against a former director for breach of fiduciary duties as well as the pursuit of numerous avoidance actions in the United States Bankruptcy Court for the Eastern District of Virginia, Richmond Division.
- Counsel for a Mississippi Gulf Coast health care system, in the prosecution of professional malpractice and breach of contract claims against a national hospital management company relating to the operations and management of the hospital.
- Counsel to the Litigation Trustee established to liquidate an airline industry service company, including prosecution of claims against supply chain management software and services company and other professionals on behalf of Litigation Trust.
- Counsel to the Chapter 7 Trustee of a Maryland-based business credit investment institution in, among other things, investigation of potential claims against certain officers and the liquidation and distribution of estate assets.
- Counsel to the Chapter 7 Trustee. and the estate of a furniture manufacturer and retailer, in the investigation and prosecution of director and officer claims in Virginia. Matter settled favorably for clients without filing a complaint.
- Special Litigation counsel to Debtors in a case in Richmond, Virginia, in investigation of claims against insider officers and directors.
Business, Land Use Litigation & Appellate Practice
- Counsel to one of the country’s major manufacturers of water treatment chemicals in multi-district litigation in the United States District Court for New Jersey and related qui tam claims asserted in various state courts around the Country. The MDL proceedings were a consolidation of multiple putative class-action lawsuits pursuing antitrust and related claims on behalf of direct and indirect purchasers of certain water treatment chemicals.
- Counsel to Montgomery County, Maryland and the Maryland-National Capital Park & Planning Commission in the defense of due process, equal protection, taking and related claims pursued by one of the country’s largest developers that purchased and sought to develop more than 540 acres of land in the Washington, DC suburbs. Case was dismissed in favor of our clients on a motion for judgment on the pleadings by the United States District Court for the District of Maryland, which was affirmed by the Fourth Circuit Court of Appeals.
- Counsel to Montgomery County and another Maryland jurisdiction in the defense of multiple different lawsuits pursued under the Religious Land Use and Institutionalized Persons Act arising out of land use and zoning decisions and enactments.
- Counsel to one of largest developers and managers of apartments in Mid-Atlantic region in pursuit of construction defect claims against company that installed an automated parking system in a residential apartment complex. Engagement resulted in a substantial arbitration award in favor of client against installer of automated parking system.
- Obtained summary judgment, which was affirmed on appeal, on behalf of a commercial aerospace components manufacturer in litigation brought by a former officer of United States subsidiary seeking reinstatement of stock options eliminated in connection with a sale transaction.
- Representation of companies in connection with federal and state civil and criminal investigations.
Business Reorganization and Bankruptcy, Creditors' Rights and Loan Workouts
- Representation of debtors and trustees in pre-bankruptcy planning, bankruptcy filings, administration and wind-down of estates and post-confirmation trusts and proceedings involving defense of preferential and fraudulent transfers, executory contracts, asset sales and claim objections.
- Counsel to regional and national landlords in various bankruptcy cases relating to claims asserted against bankruptcy estates and litigation arising out of lease assignments, sales and assumptions.
- Representation of trustees, estates, businesses and individuals in the pursuit and defense of preference, fraudulent transfer, and other avoidance actions in bankruptcy cases.
- General representation of creditors in bankruptcy proceedings.
Speaking Engagements
- Presenter, "Religious Land Use and Institutionalized Persons Act (RLUIPA) Update," International Municipal Lawyers Association (IMLA) Annual Conference, October 2022