• 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
  • Shannon Lowry Nagle
      Times Square Tower
      7 Times Square
      New York, NY, 10036
      Phone: +1-212-408-2452
      Fax: +1-212-326-2061
  • 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

  • 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
    Deutsche Bank
    Edison Capital
    Fremont Investors VII
    The Goldman Sachs Group, Inc.
    JPMorgan Chase & Co.
    • Matlin-Patterson Global Advisers LLC
      Merrill Lynch & Co., Inc.
      New Century Financial Corporation
      Post Advisory Group

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. Our team recently secured court approval of an elaborate plan for New Century Financial Corporation, which was the largest independent provider in the United States of sub-prime home loans. And we are currently 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.

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 2009 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 also possess “a very strong bench of players.” 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. Examples of our work include our representation of Serious Materials, Inc., a developer of eco-friendly building materials based in Sunnyvale, CA, in two strategic Section 363 acquisitions. The first involved the acquisition of the assets of bankrupt Kensington Windows, a Pennsylvania-based maker of vinyl replacement windows and doors. The second involved the acquisition of certain assets, primarily production equipment, of the former Republic Windows and Doors plant based in Chicago. In each case O’Melveny assisted Serious Materials with the negotiation and consummation of the acquisition transaction in a matter of weeks despite the fact that closing required bankruptcy court approval, the execution of new collective bargaining agreements, and new material leases. Together, the swift acquisitions created much needed green collar jobs and resulted in re-hiring of hundreds of former Kensington and Republic employees.
  • 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

  • Bank and Other Financial Institution Representations
  • Creditors’ Committee Representations
  • Debtor and Trustee Representations
  • Debtor-In-Possession Financing and Exit Financing
  • Distressed Asset Acquisitions and Sales
  • Distressed Mergers and Acquisitions
  • Entertainment and Media Bankruptcies and Restructurings
  • Health Care and Insurance Bankruptcies and Restructurings
  • Intellectual Property Issues in Restructurings
  • Private Equity Fund, Venture Fund and Venture Company Representations
  • Real Estate Acquisitions and Restructurings
  • Retail Bankruptcies and Restructurings

New Century Financial Corporation Asia Pulp & Paper Ltd. Ziff Davis Scotia Pacific Jinro (HK) International Ltd Tower Records Read-Rite Corporation Burger King Franchises