The firm meets clients’ bankruptcy and restructuring needs across the United States and globally. We have leading bankruptcy and insolvency partners in offices throughout the United States.
Bankruptcy and restructuring is not focused exclusively on litigation. In fact, the majority of our representations result in negotiated capital structure solutions. Like the rest of our firm we do try cases—a lot of them. However, we try to look for a business solution first. When we do negotiate, there is no doubt that our reputation for winning trials is a huge asset.
We regularly represent debtors, boards of directors (or their special committees), statutory committees of unsecured creditors, private equity firms, hedge funds, and litigation trusts throughout the broad spectrum of restructuring and special situations, including:
- Formal bankruptcy proceedings
- Contentious workouts
- Internal investigations
- Estate and creditor-based litigation
- Distressed asset sales, spin-offs or other transfers
- Liability management transactions
- Distressed and/or defaulted sovereign and corporate debt
In many instances, we represent these parties in chapter 11 cases where litigation drives ultimate recoveries or defines the trajectory of the case.
Moreover, we represent administrators and liquidators in contentious insolvency proceedings. We frequently represent post-confirmation litigation trusts and similar entities established to augment the estate’s and creditors’ recoveries through litigation or alternative dispute resolution.
When the situation calls for it, we turn to our deep bench of trial lawyers to support us in litigations that involve special areas of the law where the firm excels.
We are widely recognized for our creativity in unlocking value through novel compromises, including the structuring of post-bankruptcy litigation vehicles. We have deep experience litigating:
- Contested confirmations
- Avoidance actions
- DIP financing and cash collateral disputes
- Corporate governance matters
- Valuations
- Inter-company disputes
- Fiduciary and lender liability claims
- Auditor accountability actions
- Fraud claims
- Aiding and abetting actions
We are routinely retained to take on matters which others perceived as unwinnable. We have successfully obtained dismissal of chapter 11 cases filed in bad faith, denial of plans that do not meet the requirements of the Bankruptcy Code, denial of motions for DIP financing or use of cash collateral (more than any other firm and including during the global pandemic), and the appointment of chapter 11 trustees or independent directors over objection. We are also adept in special situation insolvency matters.
We are frequently retained to take on the big money center banks and global accounting firms. We intentionally do not represent global financial institutions that are often agents in syndicated loans or major secured lenders in distressed situations. Because we do not represent them, we are free to sue them, including in their role as agent when they take action (or fail to take action) in chapter 11 cases and we do so often.
We strive to remain relatively conflict-free in other respects as well. As a firm dedicated only to litigating and resolving disputes, we do not have corporate or finance practices that create positional or “business” conflicts. From the outset, our bankruptcy and restructuring practice was founded upon the belief that there is critical need for financial restructuring counsel that has the comprehensive experience to go toe-to-toe with the major global corporate law firms, but is not saddled with their conflicts.
