Andrew Parlen

Partner

Thank you for your interest. Before you communicate with one of our attorneys, please note: Any comments our attorneys share with you are general information and not legal advice. No attorney-client relationship will exist between you or your business and O’Melveny or any of its attorneys unless conflicts have been cleared, our management has given its approval, and an engagement letter has been signed. Meanwhile, you agree: we have no duty to advise you or provide you with legal assistance; you will not divulge any confidences or send any confidential or sensitive information to our attorneys (we are not in a position to keep it confidential and might be required to convey it to our clients); and, you may not use this contact to attempt to disqualify O’Melveny from representing other clients adverse to you or your business. By clicking "accept" you acknowledge receipt and agree to all of the terms of this paragraph and our Disclaimer.

pdf

Andrew Parlen brings creativity, experience and skill in crafting solutions designed to meet his clients’ financial challenges and strategic goals. Whether representing a business restructuring, an equity holder protecting its interests, a creditor pursuing its claims, or an acquirer seeking to purchase distressed assets, Andrew understands that each client requires flexible, individually tailored guidance to navigate the ever-evolving restructuring field. Legal 500 praises Andrew for being “very diligent and creative.” He has represented companies, investment funds, and lenders in high-profile chapter 11 proceedings. He has also helped clients through prepackaged bankruptcies and out-of-court restructurings, devising and implementing value-maximizing strategies that spare them the disruption, expense, and publicity that may accompany an in-court proceeding. Andrew has advised on matters in a diverse range of industries including: Power, E&P Services, Paper & Packaging, Retail, Mortgage Servicing, Healthcare, and Homebuilding, among others.

For his ability to craft complex and innovative solutions that win broad support even in the most contentious circumstances, Law360 named Andrew a 2013 “Rising Star” and Turnarounds & Workouts recognized Andrew as a 2016 "Outstanding Young Restructuring Lawyer." Andrew's 2013 Law360 recognition, combined with his commitment to LGBT equality, also earned Andrew a “Best LGBT Lawyers Under 40—Class of 2013” award.

Honors & Awards

  • Named  "Next Generation" for Corporate Finance Restructuring by The Legal 500 (2017)
  • Named an Outstanding Young Restructuring Lawyer by Turnarounds & Workouts (2016)
  • Named a "Rising Star" by Law360 (2013)
  • Earned a "Best LGBT Lawyers under 40 - Class of 2013" award

Admissions

Bar Admissions

  • California
  • District of Columbia
  • New York

Education

  • Harvard University, J.D.: cum laude
  • University of California at Berkeley, A.B., English: highest distinction; Phi Beta Kappa

Professional Activities

Clerkships

  • Honorable Stephen V. Wilson, US District Court, Central District of California

Member

  • Financial Lawyers Conference, Insolvency Law Committee, Business Law Section, State Bar of California (2009-2011)
  • American Bankruptcy Institute
  • Legal Council of The Williams Institute at UCLA Law School 
  • National Leadership Council, Lambda Legal

Author

  • “Distressed Healthcare: Significant Considerations for Buyers, Sellers, Lenders, and Borrowers,” American Health Lawyers Association Annual Conference, Washington DC (2009)

Co-Author

  • “Better Watch Your Assets in Bankruptcy Sales,” Financier Worldwide (March 2014)
  • “Will SLVs Hold Water in Shipping Bankruptcies?” Law360 (May 2012)
  • Practitioner's Guide to Pre-packaged Bankruptcy: A Primer (2011)

Company Representations

Andrew has represented numerous companies in both chapter 11 cases and out-of-court restructuring matters, including:

  • Verso Corporation in its Chapter 11 cases in the US Bankruptcy Court for the District of Delaware. Verso is the leading North American producer of printing and specialty papers and pulp. O’Melveny’s work on Verso was noted in Financial Times' Most Innovative North American Law Firms special report for 2016. Specifically, the firm was “commended” in the category managing complexity and scale for its role in Verso’s restructuring. Verso’s restructuring was recognized by Turnarounds & Workouts as a Successful Restructuring of 2016.
  • Cal Dive International in its chapter 11 cases in the US Bankruptcy Court for the District of Delaware. Cal Dive was a market leader in offshore construction, inspection, maintenance, repair and decommissioning of production and pipeline construction.  
  • New Century Mortgage Corporation in its chapter 11 case in the US Bankruptcy Court for the District of Delaware. At the time of the chapter 11 filing, New Century Mortgage was one of the nation’s largest subprime mortgage lenders. Andrew was able to help the company achieve a global settlement with all financial institution creditors and confirm a chapter 11 plan in a little more than a year.
  • Olson Urban Housing in its successful implementation of its out-of-court restructuring through an exchange offer. Over $250,000,000 of debt and claims were settled as part of this restructuring.
  • Falcon Products in its chapter 11 case in the US Bankruptcy Court for the Eastern District of Missouri. Andrew was instrumental in the commercial furniture manufacturer’s successful reorganization as well as in the distress termination of its defined benefit plans. 
  • Verdugo Mental Health in its chapter 11 case in the US Bankruptcy Court for the Central District of California. Andrew navigated complex privacy laws and government funding regulations while guiding a community mental health clinic through chapter 11, a representation that resulted in the sale of the provider without disruption to critical client services.

Creditor Representations 

Andrew has acted on behalf of creditors in numerous restructurings, including:

  • Coso Geothermal: Advised the ad hoc group of pass-through trust certificate-holders in equitizing their debt through an out-of-court restructuring of a geothermal power facility.
  • Movie Gallery: After prevailing in an adequate-protection dispute with junior lenders, achieved full recovery for first lien lender (Lenado Capital Partners) in the chapter 11 case of a large movie and game rental company.
  • Sharper Image: Guided the largest licensee of a national retailer of specialty consumer products through the retailer’s chapter 11, successfully litigating license dispute and coming to terms with purchaser of the retailer’s trademark. 
  • Think Film: Won the dismissal, with prejudice, of fraudulent transfer and preference claims against an independent film production studio.

Sponsor & Equity Holder Representations

Andrew has worked with existing equity holders in the following restructurings:

  • Station Casinos: Advised a real estate-focused private equity fund on the disposition of distressed gaming and hospitality properties, with focus on fund-level CMBS, guarantor, and fiduciary issues. 
  • USA Capital Mortgage Company: Represented an equity committee consisting of investors in a real estate lending and loan servicing investment fund, recovering nearly 70% of constituents’ fraudulently managed investments. 

Purchaser Representations: 

Andrew’s has experience representing a number of potential purchasers of distressed assets, including in the following restructurings:

  • deCode Genetics: Advised a stalking horse in its winning bid for the assets of a leading human genetics biotech company.
  • Jancor Companies: Formulated and negotiated a high-tech energy producer’s successful “section 363” bid for the assets of a window and door manufacturer.
  • O2Diesel: In a prearranged bankruptcy of a producer of clean-burning diesel fuel, represented stalking horse bidder in providing DIP financing and purchasing debtor’s assets.