US trustee files objection to FTX's choice of lawyers

Quick Take

  • A U.S. trustee filed an objection to FTX hiring the New York law firm Sullivan and Cromwell. 
  • The filing by U.S. Trustee Andrew Vara, dated Jan. 13, claimed potential conflicts of interest due to S&C’s previous connections with the collapsed crypto exchange

A U.S. trustee has filed an objection to FTX hiring the New York law firm Sullivan and Cromwell. 

The filing by U.S. Trustee Andrew Vara, dated Jan. 13, claimed potential conflicts of interest due to S&C's previous connections with the collapsed crypto exchange. 

"S&C’s disclosures as filed are wholly insufficient to evaluate whether S&C satisfies the Bankruptcy Code’s conflict-free and disinterestedness standards," it read. 

As noted in the filing, FTX's general counsel Ryne Miller worked at S&C for eight years. 

"The S&C Application is virtually silent as to both its connections to the Debtors and the work it did for the Debtors," said Vara. "For example, the S&C Application omits the fact that the General Counsel of certain of the Debtors, Mr. Ryne Miller, was a partner at S&C until about 14 months before the filing." 

It also noted that the S&C application to represent FTX does not provide any details about the types of services S&C provided to the exchange previously, including as it was in the process of collapsing. 

The Block reached out to S&C for comment but had not heard back by the time of publication. 

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As a U.S. trustee, Vara is a part of the Department of Justice, which supervises bankruptcy proceedings in the United States and has a duty to ensure that bankrupt entities are not engaging in activities that would be detrimental to creditors or others with interests in the case.

Previously, Vara objected to the planned sale of its subsidiaries of LedgerX, FTX Europe and FTX Japan.


Disclaimer: The former CEO and majority shareholder of The Block has disclosed a series of loans from former FTX and Alameda founder Sam Bankman-Fried.

© 2023 The Block. All Rights Reserved. This article is provided for informational purposes only. It is not offered or intended to be used as legal, tax, investment, financial, or other advice.

About Author

Tom is a deals reporter at The Block covering venture capital, fundraises, fintech and M&A. Before joining, he was an editorial intern at the FT-backed platform Sifted where he reported on neobanks, payment firms and blockchain startups. You can reach him by email at [email protected] or Telegram @tommatsuda.

Editor

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