Gerald Bender
Times Square Tower 7 Times Square
New York, NY, 10036
Phone: +1-212-326-2059
Fax: +1-212-326-2061
Mark Fairbairn
31st Floor, AIA Central 1 Connaught Road Central
Hong Kong
Phone: +852-3512-2385
Fax: +852-2522-1760
Evan M. Jones
400 South Hope Street
Los Angeles, CA, 90071
Phone: +1-213-430-6236
Fax: +1-213-430-6407
Doron Lipshitz
Times Square Tower 7 Times Square
New York, NY, 10036
Phone: +1-212-326-2220
Fax: +1-212-326-2061
Ben Logan
400 South Hope Street
Los Angeles, CA, 90071
Phone: +1-213-430-7704
Fax: +1-213-430-6407
Bertie Mehigan
9 Raffles Place #22-01/02 Republic Plaza 1
Singapore, 048619
Phone: +65-6593-1888
Fax: +65 6593-1801
Patty Perez
Times Square Tower 7 Times Square
New York, NY, 10036
Phone: +1-212-408-2419
Fax: +1-212-326-2061
Huey Yann Thong
9 Raffles Place #22-01/02 Republic Plaza 1
Singapore, 048619
Phone: +65-6593-1828
Fax: +65 6593-1801
Suzzanne Uhland
Two Embarcadero Center, 28th Floor
San Francisco, CA, 94111-3823
Phone: +1-415-984-8941
Fax: +1-415-984-8701
Steve Warren
400 South Hope Street
Los Angeles, CA, 90071
Phone: +1-213-430-7875
Fax: +1-213-430-6407
PROFESSIONALS
Related Practices
Apollo Advisors Bank of America, N.A. Bank of New York, Inc. Bear Stearns & Co., Inc. Blackstone Group Black Canyon Canadian Imperial Bank of Commerce Cerberus Capital Management, L.P. Columbia/TriStar D.B. Zwirn & Co. Deutsche Bank Edison Capital Fremont Investors VII The Goldman Sachs Group, Inc. JPMorgan Chase & Co. Lennar Corporation Matlin-Patterson Global Advisers LLC Merrill Lynch & Co., Inc. New Century Financial Corporation Post Advisory Group Seidler Equity Partners
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Restructuring
Ripples from a shaken Wall Street have spread around the world, creating enormous uncertainty in international financial markets and a new global economy defined by diminished liquidity. Traditional sources of debt financing have dried up, pushing a growing number of businesses into distress—and severely damaging creditors’ balance sheets in the process. Lenders and borrowers alike face the daunting task of managing intertwined and often cross-border financial relationships in the most challenging economic times in recent memory. These extraordinary conditions also provide exceptional opportunities for distressed investors. O’Melveny counts among its ranks some of the leading insolvency lawyers in the world, who are able to work with clients involved in virtually any aspect of a restructuring matter—whether it be a company facing financial distress, significant creditors of a troubled company or an investor looking for the opportunity to purchase a distressed business or certain of its assets. O’Melveny’s Restructuring Practice boasts more than 60 finance and restructuring lawyers resident in key financial centers on the East and West Coasts of the United States and in the increasingly important Asia market. We have a more than 80-year history guiding creditors, committees, debtors, and financial investors through complex restructurings and bankruptcies, from Great Depression-era proceedings to reorganizations and workouts for some of the bubble-era’s highest flying tech companies, including WorldCom, Enron, Excite@Home, and Global Crossing. Our long track record has earned us a place as a market-leader for some of the industry’s largest and most complex transactions. We currently represent Escada in their global restructuring efforts, with lawyers in our New York, Hong Kong, Tokyo, and London offices all working to effectuate the sale of Escada’s individual businesses, including through a US bankruptcy proceeding. We are also acting as global corporate and restructuring counsel to Singapore-based Asia Pulp & Paper in its restructuring of debt—an undertaking that has been described as the largest-ever emerging markets restructuring and one of the most complex workouts ever undertaken in any market. On the domestic front, we represent Gottschalks, Inc., a retailer with 56 stores in 6 Western states, in their Chapter 11 case, quickly securing US$125 million in debtor-in-possession financing for the company. Chambers and Partners describes us as a “sophisticated and high-quality practice,” and our team as “exceptionally logical and commercially oriented.” Some of the biggest names in commerce and finance turn to O’Melveny in their most challenging times and when the stakes are at their highest. And for nearly a century, for clients in virtually all industries, geographies, and contexts, O’Melveny’s Restructuring Practice has demonstrated exceptional creativity and vigorous advocacy in preserving and maximizing economic value.
Key Facts
- Our Restructuring practice is truly international and our lawyers are widely recognized for their excellence. The 2010 editions of respected law firm rankings guide Chambers and Partners awarded leading lawyer rankings to more than half of our Restructuring partners, spanning five separate geographies on the East and West Coast of the United States and in Asia, and observed that we are "[u]nsurpassed in intellect, creativity and dedication." The long list of third-party accolades collected by our lawyers also includes prestigious recognitions from PLC, Expert Guides, Best Lawyers, the American College of Bankruptcy, Super Lawyers, Legal 500, BankruptcyInsider.com, International Financial Law Review, and Asian Legal Business.
- We regularly assemble multi-geographic, multi-disciplinary teams of lawyers, tailor-made to suit the unique needs of each client and its particular circumstances. O’Melveny is an elite global law firm with more than 1,000 lawyers in 14 offices around the world. Our clients benefit from seamlessly integrated tax, M&A, finance, derivatives, labor and employment, capital markets, regulatory, and litigation counseling—a caliber of service that only a top-tier global law firm can offer.
- Our Restructuring practice is second to none. We regularly represent major investors in distressed assets as well as informal and official committees of unsecured and secured creditors. We have also represented official committees in medium-sized and smaller cases, chairs of committees, and ad hoc committees. We pride ourselves on our ability to achieve consensus among diverse groups of creditors, but to litigate when necessary. We are able to obtain the best results for our clients even in the most challenging of circumstances.
- We are uniquely situated to advise on global opportunities in the distressed and debt investment arena, and regularly work closely with the firms’ more than 100 M&A and private equity lawyers worldwide in counseling distressed debt-focused private equity and hedge funds, banks, and other investors with respect to acquisitions of distressed companies in Chapter 11 proceedings. Examples of this work include our representations of Saga Investments, LLC in its acquisition of the assets of Icelandic genetics giant, deCODE genetics, Inc., Vector Capital and its portfolio company Printronix, Inc. in Printronix's purchase of the majority of the assets of TallyGenicom LP, and Seidler Equity Partners in its acquisition of Sportsman’s Warehouse.
- Our team features tremendous experience addressing the myriad complex issues of financial sponsors’ portfolio companies, including exchange offers for publicly traded debt, privately negotiated debt-to-equity conversions, dilute or “down round” financings, and refinancings. Our representations also extend to portfolio company bankruptcies and dissolutions, where we attempt to preserve value while advising directors on their duties in the “zone of insolvency.”
- We have acted as special restructuring labor counsel in many of the largest and most difficult Chapter 11 cases involving rejection and renegotiation of collective bargaining agreements, including US Airways (the largest public company bankruptcy in 2004 with assets of more than US$8.3 billion), United Airlines, and Delphi Corporation (the fourth largest public company bankruptcy in 2005 with assets of more than US$21.8 billion).
- We have worked with or opposite nearly every major financial institution in key markets around the globe. And we frequently represent large bank groups or agents for bank syndicates in significant corporate restructurings and reorganizations.
Practice Strengths
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Bank and Other Financial Institution Representations
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Creditors’ Committee Representations
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Debtor and Trustee Representations
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Debtor-In-Possession Financing and Exit Financing
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Distressed Asset Acquisitions and Sales
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Distressed Mergers and Acquisitions
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Entertainment and Media Bankruptcies and Restructurings
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Health Care and Insurance Bankruptcies and Restructurings
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Intellectual Property Issues in Restructurings
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Private Equity Fund, Venture Fund and Venture Company Representations
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Real Estate Acquisitions and Restructurings
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Retail Bankruptcies and Restructurings
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Sportsman's Warehouse
Landsource
New Century Financial Corporation
Asia Pulp & Paper Ltd.
Ziff Davis
Scotia Pacific
Jinro (HK) International Ltd
Tower Records
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