Todd A. Feinsmith is a partner in the Corporate Restructuring and Bankruptcy Practice Group of Pepper Hamilton LLP, and the partner in charge of the firm’s Boston office.
Mr. Feinsmith has practiced in the areas of business reorganization, workouts and debt restructuring, distressed M&A, creditors’ rights and secured lending for 23 years.
Mr. Feinsmith’s areas of expertise include counseling both acquirers (typically private equity funds, hedge funds or strategic buyers) and targets in matters which involve the strategic acquisition of debt (secured or unsecured) for the purpose of acquiring control of a distressed target company or maximizing return on investment. These transactions often involve, among other things, the negotiation of debt-for-equity swaps, the structuring of DIP credit facilities designed to “lock-up” a debtor target, formulation and implementation of plan support agreements and/or third-party Chapter 11 plans of reorganization, and other bankruptcy and pre-bankruptcy strategies.
Additionally, Mr. Feinsmith has extensive experience representing Chapter 11 debtors, creditors’ committees, trustees and other parties in large, complex Chapter 11 reorganization cases across a variety of industries including aviation, retail, entertainment, telecom, high technology, manufacturing and financial services, among others. Mr. Feinsmith also represents both debtors and creditors in the structuring and negotiation of out-of-court restructurings.
Mr. Feinsmith frequently represents secured lenders, including major financial institutions, in connection with the restructuring of complex credit facilities, including stand-alone and syndicated loan arrangements. His experience also extends to enforcing the rights and remedies of lender entities in both state and federal courts nationwide.
Beyond his restructuring practice, Mr. Feinsmith actively counsels several clients in connection with general business matters, entrepreneurial endeavors and merger and acquisition transactions.
Mr. Feinsmith’s representative matters include:
- serving as lead counsel in the distressed acquisition of a national transportation and logistics company, a gold mining enterprise in California, a chain of health care facilities in the southwest, a fruit cannery in the state of Washington, and others
- serving as lead counsel for the debtor in various Chapter 11 (and out-of-court) restructurings including Shuttle America Corporation, Dream Machine, Inc., Atlantic Wire Company, Gulfstream International Airlines and others
- representing ad hoc and official creditors’ committees and other parties in interest in significant Chapter 11 cases including United Airlines, Business Express Airlines, Global Crossing, Mike Tyson (the former world heavyweight champion) & Mike Tyson Enterprises, Dana Corp., Collins & Aikman, Spansion and many others
- serving as lead counsel to several financial institutions in numerous restructuring transactions involving hundreds of millions of dollars in secured debt across industry sectors such as manufacturing, aviation and logistics, auto dealership finance, retail, precious metals and real estate
- serving as outside general counsel to KDDI Corporation and its domestic subsidiaries in connection with various mergers and acquisitions, corporate restructurings, litigation and other matters in both the United States and abroad.
Mr. Feinsmith frequently lectures at national conferences on distressed M&A and various bankruptcy and restructuring topics. Mr. Feinsmith also serves as adjunct instructor of law at Cornell Law School where he instructs at an annual program on negotiation skills and tactics.
Before joining Pepper in 2009, Mr. Feinsmith was a partner at Brown Rudnick LLP in Boston.