Experience
In re Melinta Therapeutics, Inc. (D. Del): Representing Yale University as a creditor and contract counterparty in connection with Melinta’s chapter 11 cases.
In re Neiman Marcus LTD LLC (S.D.Tex.): Representing a significant consignment vendor to Neiman Marcus and Bergdorf Goodman in connection with Neiman’s chapter 11 cases.
In re J.C. Penney Co. Inc. (S.D.Tex.): Representing Bank Hapoalim as a significant creditor in connection with JCPenney’s chapter 11 cases.
In re 6350747 Canada, Inc. (D.N.J.): Representing three separate companies in connection with estate claims being investigated by a foreign representative in the company’s chapter 15 case.
In re Hollister Construction (D.N.J.): Representing a project owner in connection with the chapter 11 case of one of NJ’s largest general contractors seeking to restructure in excess of $100 million of debt.
IIG Structured Trade Finance Fund Ltd. (Cayman; Curacao): Representing the fund’s directors in connection with the liquidation of the fund and related funds.
In re WASCO, Inc. (M.D. Tenn. & 6th Cir.): Represented a pension fund as the largest unsecured creditor in all aspects of the chapter 11 case including (i) successfully obtaining a stay pending appeal of the bankruptcy court's confirmation of the debtors' new value plan and denial of a motion to dismiss the bankruptcy case, (ii) successfully obtaining a reversal from the district court of the bankruptcy court's confirmation of the plan and denial of motion to dismiss, and (iii) successfully arguing for the imposition of a bond in connection with the debtors' appeal to the Sixth Circuit which the debtors were unable to post.
In re GMX Resources, Inc.: Represented the administrative and collateral agent under a $60 million exit loan facility.
In re Energy Future Holdings Corp. (D. Del.): Represented an ad-hoc committee of TCEH first lien lenders in connection with various litigation strategies to maximize value.
In re Energy Future Holdings Corp. (D. Del.): Represented the indenture trustee and a group of secured noteholders under a particular Rail Equipment Lease Agreement and related Indenture and Security Agreement.
In re TLO, LLC (S.D. Fla.)
Represented significant equity holders in connection with the successful recharacterization of approximately $30 million of debt as equity, including (i) successfully defeating a motion to dismiss the adversary proceeding, and (ii) participating in a mediation process which resulted in a global settlement agreement.
In re Corporate Resource Services, Inc. (D. Del. & S.D.N.Y.): Represented an ad-hoc committee of unsecured creditors.
In re Loehmann's Holdings, Inc., et al. (S.D.N.Y.): Represented Law Debenture Trust Company of New York as the administrative agent and collateral agent under the second and third lien credit facilities.
In re Stelera Wireless, LLC (W.D. Okla.): Represented the stalking horse purchaser in connection with its acquisition of certain of the debtors’ assets through a section 363 sale.
In re AFA Investment, Inc. (D. Del.): Represented a significant creditor in connection with its opposition to a global settlement agreement and related appeal.
In re New Century TRS Holdings, Inc., et al. (D. Del.): Represented a significant creditor and provider of insurance program.
In re GMX Resources, Inc. (WD. Okla.): Represented the administrative and collateral agent under a $50 million DIP loan facility.
In re Global Aviation Holdings, Inc. (E.D.N.Y.): Represented the administrative and collateral agent under a $45 million DIP loan facility.
In re Velo Holdings, Inc. (S.D.N.Y.): Represented one of the largest unsecured creditors.
In re Anderson News, LLC (D. Del.): Represented the second largest unsecured creditor holding a claim in excess of $30 million and coordinated with other significant creditors on all aspects of the investigation and prosecution of certain estate claims and causes of action against the debtor's insiders and affiliates.
In re Trico Marine Services, et. al. (D. Del.): Represented the administrative agent under a $100 million senior secured credit facility for Trico Shipping AS and Trico Supply AS and related entities.
In re American Safety Razor (D. Del.)
Represented the second lien administrative and collateral agent in connection with the successful section 363 sale of substantially all of ASR's assets for $301 million to Energizer Holdings, Inc.
In re Visteon Corp. (D. Del.): Represented one of the six lead investors, as well as the indenture trustee for the 12.25 percent senior notes, in connection with Visteon's successful reorganization, restructuring approximately $2.7 billion of indebtedness through a "toggle" plan and a $1.25 billion equity rights offering.
In re Vion Pharmaceuticals (D. Del.): Lead counsel for Yale University, as licensor of certain intellectual property to Vion, in connection with the successful opposition to Vion's efforts to sell Yale's IP without its consent.
In re Bally's Total Fitness: Negotiated the terms of an inter-creditor agreement for the lenders under a new $180 million senior secured term loan facility for Bally's.
In re GSC Group Inc. (S.D.N.Y.): Lead counsel for Peter Frank, as president and senior managing director of GSC, in connection with the successful approval of a $1 million bonus payment pursuant to Section 503(c)(1).
Official Ephedra Claimants Committee and Estate Funded Ad-Hoc Committee of Tort Victims:
From 2005 to 2008, represented four official committees of unsecured creditors and tort claimants in the ephedra-related bankruptcy cases and insolvency proceedings of Twin Lab (S.D.N.Y.), Metabolife (S.D. Ca.), N.V.E., Inc. (D.N.J.) and Muscletech (CCAA in Canada; Chapter 15 in S.D.N.Y.), which resulted in over $150 million in settlement proceeds for ephedra victims and meaningful recoveries for trade claimants.
Global Crossing Ltd. et al. (S.D.N.Y.): Lead associate in connection with the representation of the Official Committee of Unsecured Creditors which resulted in the restructuring of approximately $12 billion in aggregate liabilities, and the completion of the sale of 62 percent of the company's equity.
Corecomm New York, Inc. (ATX Communications) (S.D.N.Y.): Lead associate in connection with the representation of the Official Committee of Unsecured Creditors which resulted in the restructuring of approximately $250 million in aggregate liabilities.
Mike Tyson Enterprises (S.D.N.Y.): Lead associate in connection with the representation of the Official Committee of Unsecured Creditors.
Exide Technologies (D. Del.): Lead associate in connection with the representation of the Official Committee of Unsecured Creditors as special litigation counsel. Investigated various estate claims and causes of action against third parties.
Thermadyne Holdings Corp. (E.D. Mo.): Lead associate in connection with the representation of the Official Committee of Unsecured Creditors.
Quigley Company, Inc. (S.D.N.Y.): Lead associate in connection with the representation of the Ad-Hoc Committee of Asbestos Tort Victims. Conducted the deposition of one of Quigley's directors.
In re Roman Catholic Diocese of San Diego (S.D. Ca.): Represented an Ad-Hoc Committee of Tort Claimants.
Loral Space and Communications Ltd, et al. (S.D.N.Y.): Lead associate in connection with the representation of the Ad-Hoc Trade Claims Committee—comprised of three hedge funds holding in excess of $26 million in claims—and was instrumental in successfully negotiating a settlement which increased distributions to trade creditors from 33 percent to 100 percent, plus post-petition interest rate of 6 percent, plus attorneys’ fees.
Insight Health Services Holdings Corp., et al. (D. Del.): Assisted in the representation of the Ad-Hoc Committee of Senior Subordinated Noteholders.
Hayes Lemmerz International, Inc., et al. (D. Del.): Represented the second largest DIP Lender and one of the Exit Credit Facility Lenders in connection with its opposition to confirmation of the plan.
Lyondell Chemical Company, et al. (S.D.N.Y.): Represented the trustee with respect to the Arco and Equistar notes in connection with, among other issues, an appeal related to the propriety of adequate protection.
Intermet Corporation, et al. (D. Del.): Represented the first lien agent in the successful Chapter 11 liquidation of Intermet Corp., with approximately $60 million in secured first lien debt.
Innkeepers USA Trust (S.D.N.Y.): Represented Lehman ALI in connection with the Chapter 11 cases of Innkeepers USA Trust which involved the restructuring of approximately $220 million of senior mortgage debt held by Lehman ALI and the restructuring of approximately $1 billion of other secured debt.
Pegasus Satellite Television (D. Me.): Lead associate in connection with the representation of D.E. Shaw, as the holder of $47.2 million of the 13.5 percent senior subordinated notes, and its opposition to the debtor's 363 sale of substantially all of its assets to DIRECTV. Conducted the deposition of the DIRECTV CFO.
Exide Technologies (D. Del.): Lead associate in connection with the representation of a holder of more than $147 million of senior notes and convertible senior subordinated notes.
Network Communications, Inc.: Representation of existing equity owners of NCI in connection with NCI's successful out-of-court restructuring. Successfully negotiated a mutual release agreement which provided for full releases in favor of the equity holders.
The New York Racing Association, Inc. (S.D.N.Y.): Represented the equity sponsor for one of the three competing bidders for the Belmont/Saratoga/Aqueduct VLT franchises.
XO Communications, Inc. (S.D.N.Y. & 2nd Cir.): Representation of two Carl Icahn controlled entities in connection with their successful opposition to a financial advisor's request for a $20 million transaction fee and related appeals to the SDNY and to the Second Circuit.
Plusfunds Group, Inc. (S.D.N.Y.): Served as co-counsel to the trustee for the Sphinx Trust in connection with the trustee's investigation related to the collapse of Plusfund's business following the Refco bankruptcy.
Whitehall Jewelers Holdings, Inc., et al. (D. Del.): Lead counsel in connection with the representation of a significant consignment vendor and its successful opposition to the debtor's attempt to include all consignment inventory in its 363 sale motion.
Cachet Products, Inc. (D.N.J.): Lead counsel for Daler-Rowney as the successful purchaser of substantially all of the debtor's assets pursuant to a section 363 sale.
Continuum Care Corporation (S.D. Fla.): Lead counsel for a successful purchaser of a skilled nursing facility pursuant to a section 363 sale.
Oakwood Homes Corp. (D. Del.): Represented the OHC Liquidation Trust in connection with the prosecution of over 30 avoidance actions.
Memorex Telex Corp. (D. Del.): Prosecuted/negotiated settlements for several hundred avoidance actions on behalf of the post-confirmation estate representative.