Financial Restructuring TRANSACTIONAL

Our experienced team is recognized for its work in achieving successful results for clients facing complex business issues in distressed financial situations around the globe.


Our group represents stakeholders of all types in financial restructuring matters worldwide. We advise individual creditors and ad hoc and official committees of creditors on restructuring and bankruptcy matters, and pursue, protect and enforce the rights of creditors. We achieve successful results for debtors, boards of directors and officers in reorganization, workout and restructuring matters. We assist buyers to maximize opportunities in distressed mergers and acquisitions, while helping them minimize the risks those transactions can pose. We have the sophisticated legal skills and persistence, as well as the global professional contacts, that are required for successful representation of clients in cross-border insolvencies. We represent financial institutions and intellectual property licensors and licensees in structuring transactions to mitigate counterparty insolvency risk.

Contacts

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Anker_Phil.jpg

Philip D. Anker

Co-Chair, Bankruptcy and Financial Restructuring Practice Group

+1 212 230 8890 (t)

philip.anker@wilmerhale.com

Goldman, Andrew N.

Andrew N. Goldman

Co-Chair, Bankruptcy and Financial Restructuring Practice Group

+1 212 230 8836 (t)

andrew.goldman@wilmerhale.com

Anker_Phil.jpg

Philip D. Anker

Partner

+1 212 230 8890 (t)

philip.anker@wilmerhale.com

Goldblatt, Craig

Craig Goldblatt

Partner

+1 202 663 6483 (t)

craig.goldblatt@wilmerhale.com

Goldman, Andrew N.

Andrew N. Goldman

Partner

+1 212 230 8836 (t)

andrew.goldman@wilmerhale.com

Ochs, Justin L.

Justin L. Ochs

Partner

+1 202 663 6303 (t)

justin.ochs@wilmerhale.com

Schnall, Matt

Matthew Schnall

Partner

+1 617 526 6892 (t)

matt.schnall@wilmerhale.com

Sigel, John

John D. Sigel

Partner

+1 617 526 6728 (t)

john.sigel@wilmerhale.com

Class, Jamie N.

Jamie N. Class

Special Counsel

+1 617 526 6871 (t)

jamie.class@wilmerhale.com

Manzer, Nancy L.

Nancy L. Manzer

Special Counsel

+1 202 663 6183 (t)

nancy.manzer@wilmerhale.com

Millar, Joel W.

Joel W. Millar

Special Counsel

+1 202 663 6167 (t)

joel.millar@wilmerhale.com

Areas of Focus

  • Creditors, Creditor Groups, and Debtors: WilmerHale has a robust financial restructuring practice that represents all types of constituents in insolvencies, workouts and related matters. We represent individual creditors, ad hoc committees and official committees in Chapter 11 cases, out-of-court restructurings and other proceedings. Our creditor-side clients include lenders, agents, institutional investors, broker-dealers, open and closed-end investment companies, other US and international pooled investment vehicles and their investment advisers, insurance providers, investment banks, other asset-management firms, governmental entities and trade creditors in virtually all sectors of the economy. We also achieve successful results for debtors, boards of directors and officers in reorganization, workout and restructuring matters of all types across a broad range of industries, including retail, communications, aviation, technology, life sciences, manufacturing, insurance and energy.
  • Distressed Mergers and Acquisitions: WilmerHale’s bankruptcy and financial restructuring attorneys are recognized for their work in distressed M&A and asset divestiture transactions through Section 363 bankruptcy sales, Chapter 11 reorganization plans, foreclosure sales, secured party sales, receiverships and other distressed sale processes. Our experience and understanding in this area is a result of our multi-disciplinary approach. We work closely with attorneys from the firm’s corporate, M&A, securities, litigation, tax, environmental, intellectual property, real estate, labor, and governmental and regulatory practices to identify the key issues in the transaction, viewing those issues through the lens of the financial distress or insolvency context of the deal.
  • Cross-Border Insolvency: We handle insolvency matters across the globe, coordinating multiple legal proceedings and reconciling conflicting requirements of domestic and foreign insolvency law and policy with the help of our foreign offices and insolvency professional contacts worldwide. Our financial restructuring attorneys represent debtors and creditors in international restructurings and related transactions and litigation in such jurisdictions as Canada, Mexico, Argentina, Chile, China, Japan, Australia, New Zealand, Germany, France, Italy and the United Kingdom, as well as in specialized jurisdictions such as Bermuda, the Isle of Man, and the Cayman Islands. In particular, we have a strong track record of helping individual bondholders and committees in the most complex cross-border and international debt restructurings realize their investment objectives.
  • Insolvency & Intellectual Property: WilmerHale’s firmwide experience in intellectual property extends to the bankruptcy area as well. For decades, our bankruptcy and financial restructuring lawyers have been advising technology clients on issues at the intersection of bankruptcy and intellectual property. We have extensive experience addressing counterparty insolvency risk in all types of intellectual property-related transactions, from mergers and acquisitions to complex joint development programs. We routinely represent licensors, licensees and others as interested parties in Chapter 7 and Chapter 11 cases—as well as in cross-border bankruptcies—where intellectual property rights may be at issue. We have represented buyers and sellers in record-setting distressed patent sales. As more and more bankruptcy matters have significant intellectual property components—as a result of the increase in the role of intellectual property in global business—our lawyers bring a necessary and unparalleled skill set to the table.

Publications & News

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August 4, 2017

SunTx Capital Partners Portfolio Company Completes Refinancing for New Capital Structure

WilmerHale represented an ad hoc group of bondholders in a comprehensive $600 million restructuring of Interface Security Systems, a provider of network, physical security and business intelligence services over a cloud-based network.

May 26, 2017

WilmerHale Lawyers and Practices Recognized in 2017 Edition of Chambers USA

Chambers and Partners announced its rankings for the 2017 edition of Chambers USA: America's Leading Lawyers for Business, with WilmerHale listed among the nation's best in 50 practice area categories. Chambers also ranked 86 WilmerHale lawyers as leaders in their respective fields.

February 15, 2017

WilmerHale Among Recipients of The M&A Advisor's Restructuring Community Impact Deal of the Year Award

The M&A Advisor's 11th Annual Turnaround Awards honors WilmerHale as a recipient of the Restructuring Community Impact Deal of the Year Award for the firm's work on the restructuring of Jumio, Inc.

November 28, 2016

Craig Goldblatt Elected as National Bankruptcy Conference Conferee

The NBC is a nonprofit, non-partisan, self-supporting organization of approximately 60 lawyers, law professors and bankruptcy judges whose primary purpose is to advise Congress on the operation of bankruptcy and related laws and any proposed changes to those laws.

May 27, 2016

WilmerHale Lawyers and Practices Recognized in 2016 Edition of Chambers USA

Chambers USA: America's Leading Lawyers for Business announced its final rankings for the 2016 edition, with WilmerHale ranking among the nation's best in 47 practice area categories. Chambers also ranked 82 WilmerHale lawyers as leaders in their respective fields.

November 3, 2015

The Trouble with Unneeded Bankruptcy Reform: The LSTA's Response to the ABI Chapter 11 Commission Report

The Loan Syndications and Trading Association (LSTA) released a report outlining the flaws and potential harmful effects of recommendations made by the American Bankruptcy Institute's Commission to Study the Reform of Chapter 11. The WilmerHale team that drafted LSTA's response was led by Partners Craig Goldblatt and Danielle Spinelli and included Special Counsel Joel Millar, Associate Jonathan Seymour and former attorneys  Danielle D'Onfro and Allison Hester-Haddad.

May 28, 2015

The First Circuit may 'Actually' be the Best Choice of Bankruptcy Venue for Intellectual Property Licensees

An article co-authored by Benjamin Loveland, published in MBA's Complex Commercial Litigation Section Newsletter and the Massachusetts Lawyers Journal.

May 19, 2015

WilmerHale Practices, Lawyers Ranked Among Nation’s Best by Chambers USA

Chambers USA: America's Leading Lawyers for Business announced its final rankings for the 2015 edition, with WilmerHale ranking among the nation's best in 46 practice area categories. Chambers also ranked 86 WilmerHale attorneys as leaders in their respective fields.

August 5, 2014

Can Chapter 15 be an Ally to Bondholders in Foreign Insolvency Cases?

An article written by George Shuster and Benjamin Loveland, published in the American Bankruptcy Institute Journal, Vol. XXXIII, No. 8, August 2014.

July 29, 2014

Whose Refund Is It? The Sixth Circuit Weighs in, Finding Tax Sharing Agreement Between Bank and Holding Company Ambiguous on Ownership of Refunds

In its recent AmFin decision, the Sixth Circuit joined a growing line of cases considering whether tax refunds paid to a bank holding company pursuant to a tax sharing agreement between the holding company and its subsidiary bank, but attributable to losses incurred by the bank, are the property of the holding company's bankruptcy estate or of the FDIC as receiver for the bank.