Herrick’s Restructuring & Finance Litigation Department is comprised of an agile team of accomplished restructuring, litigation, and corporate attorneys with decades of experience advising creditors and debtors in all phases of complex chapter 11 cases and related litigation.

We regularly represent official and ad hoc creditor committees, hedge funds, distressed debt investors, bondholders, and other parties in interest, and often serve as conflicts or special counsel for large-scale complex litigation matters.

As part of a mid-size firm, we offer sophisticated litigation expertise in the distressed space, with limited or no conflicts, which typically accompany big law firms.

Areas of Focus

  • We focus on bankruptcy, financial restructuring, and reorganization matters, as well as related litigation.
  • We have extensive experience representing creditors, debtors and other parties in interest in complex chapter 11 cases and out-of-court restructurings, debtor-creditor disputes, and inter-creditor disputes.
  • Our litigation experience includes distressed debt investing, corporate finance, valuation disputes, M&A litigation, capital markets, bondholder rights, lender disputes, real estate and real estate workouts, and complex financial and investment matters.
  • We have served as special litigation counsel and/or conflicts counsel in fraudulent transfer litigation, D&O litigation, and pre- and post-petition investigations.
  • Our clients include official and ad hoc creditor committees, distressed debt investors, hedge funds, mortgage lenders, real estate project owners, private equity funds, bondholders, financial institutions, corporate debtors, trustees, independent directors, special investigation committees, foreign representatives, and other parties in interest in domestic and cross-border insolvency cases.

Industry Focus

  • Real Estate, Finance, Capital Markets, Distressed Debt, Business Services, Consumer Products (including Food & Beverage), Healthcare, Art, Sports.

Recent Work

In re Whiting Petroleum Corporation, et al. (Bankr. S.D. Tex.): Representing indenture trustee for convertible noteholders in connection with Debtors’ bankruptcy cases.

In re Ample Hills (Bankr. E.D.N.Y.): Serving as counsel for 16 Debtors, operating 10 retail ice-cream stores in the New York metropolitan area, in connection with recently-filed chapter 11 cases where company is seeking to sell its business as a going concern to restructure approximately $15 million in debt.

In re Sears Holdings Corporation, et al. (Bankr. S.D.N.Y.): Serving as Special Counsel to the Official Committee of Unsecured Creditors charged with investigating potential estate claims and causes of action relating to a 363 sale of intercompany company notes and certain credit default swap transactions.

Sears Holdings Corporation, et al. v. Lampert, et al. (Bankr. S.D.N.Y.): Co-Counsel to the Official Committee of Unsecured Creditors, on behalf of Debtors’ estates, in lawsuit asserting fraudulent transfer, breach of fiduciary duty, and related claims in connection with prepetition transactions totaling billions of dollars.

AEA Middle Market Debt Funding LLC, et al. v. Marblegate Asset Management LLC, et al. (NY Sup. Ct.): Representing administrative agent in connection with $120 million out-of-court restructuring transaction and in ongoing litigation defending against claims for breach of credit and security agreements, conversion, conspiracy to commit conversion, and aiding and abetting breaches of fiduciary duty.

In re Blackhawk Mining, LLC, et al. (Bankr. D. Del.): Representing Cantor Fitzgerald Securities as the administrative agent and collateral agent under an $85 million exit facility following the successful Blackhawk chapter 11 cases.  Previously represented Cantor Fitzgerald as the administrative agent and the collateral agent under Blackhawk’s (i) pre-petition $660 million first lien term loan facility and (ii) $150 million DIP term loan facility in connection with the pre-packaged restructuring of approximately $1.1 billion of debt.

In re The Weinstein Company Holdings, LLC et al. (D. Del.): Representing Bank Hapoalim as appellee following the (i) successful opposition to the motion of debtors’ licensee to reject licensing contract to sell Project Runway clothing where bank client was secured by assignment of licensing royalties, and (ii) successful prosecution of a motion to enforce performance.

In re Boston Generating LLC, et al. (S.D.N.Y.): Representing numerous defendants in fraudulent conveyance action by the liquidating trust arising from a $2 billion leveraged recapitalization.

In re Gymboree, et al. (S.D.N.Y): Represented a defendant in a WARN Act action arising out of the sale of substantially all of Gymboree’s assets.

SunEdison, Inc.: Represented Reorganized SunEdison, Inc. concerning indemnity claims asserted by the syndication agent and lead arranger for a pre-petition second lien loan facility.

In re Toys “R” Us Inc., et al. (E.D. Va.): Represented Great Elm Capital Group, Inc. in connection with the prosecution of a plan objection regarding proposed disparate treatment of similarly situated creditors.