Corporate Restructuring and Bankruptcy

LEADERSHIP: Todd A. Feinsmith and David M. Fournier

Representative engagements include:

  • serving as special litigation counsel to the City of Detroit in the largest municipal bankruptcy in the history of the United States.
  • co-counsel to the debtors in the chapter 11 bankruptcy of Monitor Company Group, LP, a highly-regarded international professional advisory firm.  This case involved one of the few successful sales of a large professional services firm through chapter 11 of the Bankruptcy Code.  
  • advised EnCana Corporation in structuring multi-million-dollar hedge agreement as part of a multi-billion sales transaction.
  • represented Capitol Infrastructure LLC, doing business as Connexion, in chapter 11 bankruptcy proceedings in Delaware. The case started with an emergency filing, which was followed by an accelerated sale process. Despite many adversities, recoveries for creditors were significantly enhanced by the process. Connexion operated voice, video and data cable systems in approximately 1,800 communities throughout the United States.
  • currently representing Radio Shack in ongoing bankruptcy proceedings.
  • counsel for the appellees-taxpayers in United States v. Quality Stores, Inc., et al., 134 S. Ct. 1395 (2014).  In its March 25, 2014 decision in Quality Stores, the Supreme Court held that severance payments made to employees who were involuntarily terminated were wages subject to taxation under the Federal Insurance Contributions Act (FICA). 
  • represent the Solar Trust of America Liquidation Trust as lead counsel in investigating and pursuing causes of action on behalf of the creditors of Solar Trust, pursuant to a Chapter 11 Plan we negotiated as Committee counsel.
  • Delaware counsel to the Official committee of Overseas Shipholding Group, one of the world’s largest oil & natural gas shipping companies.
  • represented Louis Freeh as trustee of MF Global Holdings in connection with the investigation of claims, and matters related to JP MorganChase Bank, N.A.
  • co-counsel to the creditor's committee in the bankruptcy of Washington Mutual, the largest bank failure in U.S. history.

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