Overview
Even as the global economy rebounds from uncertain and challenging conditions, many companies are still forced to take a hard look at their operations and future prospects and make decisions that may have been unthinkable years ago. Increasingly, bankruptcy, restructuring and liquidation are part of that process. Our practice distinguishes itself by providing interdisciplinary counsel that can handle virtually any issue that might arise in a bankruptcy or restructuring. This includes the lawyers in our top-ranked labor and employment practice as well as our insurance coverage, hedge fund, financial services, mergers and acquisitions, corporate governance, tax and health care practices, among many others.
A significant part of our practice involves the representation of companies in distress including, with balance sheet and/or operational restructurings, workouts and Chapter 11 proceedings. We frequently work with distressed public and private companies, their boards of directors, receivers and other independent fiduciaries, bank groups and buyers in distressed merger and acquisition transactions, and creditors generally, in matters in and outside of court that impact business operations and/or financial matters. We also have a particular concentration working with hedge funds in distress, representing the funds, managers/advisers/boards of directors and sophisticated fund-of-fund and pension plan investors in restructurings, wind-downs, liquidations and complex litigation matters.
We have broad experience in complex restructuring cases, out-of-court workouts, cross-border insolvencies, investigations by boards of directors and court-appointed fiduciaries, pre-packaged and pre-arranged reorganization plans, law firm dissolutions and hedge fund restructurings, wind-downs and fraud (clawback) litigation. We advise a diverse group of clients on insolvency, creditors' rights, acquisition and structured financing and securitization matters and also represent creditors’ committees in a wide range of industries. In addition, we are supported by our Junior Capital Group, which has significant restructuring and insolvency experience that is critical in negotiating the best intercreditor terms for our clients at a time when these negotiations have become more complex due to the rise of second lien and secured mezzanine deals.
Chambers USA praises our lawyers across the country for their intelligence, creativity and excellent negotiating skills, which they bring to bear in their work with clients from nearly every conceivable industry.
Areas of Focus
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Borrower/Debtor Representations
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Creditor Representations
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Senior Lenders
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Junior/Mezzanine Lenders
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Creditors Committees
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Hedge Fund Investor
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Independent Fiduciary Representations
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Distressed Mergers and Acquisitions Transactions Representations
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Buyers and Sellers
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Funding Sources
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Equity Investor
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Complex Insolvency Litigation Representations
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Hedge Fund Fraud and Clawback Litigation
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Avoidance Action Litigation, Including Preference and Fraudulent Conveyance Action
Key Representations
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Philadelphia Newspapers, publisher of the Philadelphia Inquirer and the Philadelphia Daily News, in its Chapter 11 case
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Acting as sole managing member of the Bayou Group of hedge funds and pursuing fraudulent conveyance (clawback) recoveries for defrauded investors in its Chapter 11 cases
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The Bermuda court-appointed provisional liquidator in the Chapter 11 cases of hedge fund SageCrest Holdings
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Caritas Health Care, owner of two hospitals in New York, in its Chapter 11 case
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Halla Climate Control Corp. in the acquisition of an operating entity from Visteon Corp resulting from Visteon's Chapter 11 case
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Depository Trust & Clearing Corporation in connection with the Lehman Brothers Chapter 11 case