- Represented agent bank in restructuring of geothermal project
- Represented a lead lender to Tribune Broadcasting
- Represented secured creditors in entertainment bankruptcies including Relativity, RHI and TeeVee Toons, Inc., recovering collateral through settlement and sales
- Represented lead investors in restructuring of mini-major film studio
- Represented secured noteholders in restructuring of municipally financed alternative energy project
- Represented the agent bank for secured lenders in the bankruptcy and sale of Scotia Pacific, Inc., a large timber company, obtaining a full cash payment of principal and interest
- Represented lenders recovering over US$325 million (principal and default interest and fees) through restructuring of coal company Horizon Natural Resources, AEI Resources
- Represented pre-petition and DIP lenders in recovering approximately US$500 million in loans (principal and default interest and fees) by compelling pre-plan sale of multi-dimensional agricultural cooperative in the Chapter 11 of Farmland Industries Inc.
- Represented the special committee of the Board in consummating the sale of Davis Petroleum on the first day of prepackaged bankruptcy case
- Represented Gottschalks, Inc. in connection with its recent chapter 11 filing, securing US$125 million of debtor-in-possession financing
- Represented creditors’ committee in bankruptcy of computer manufacturer Trigem Texas, Inc.
- Represented conduit issuer for LAX bonds in dispute over lease recharacterization in Chapter 11 of Delta Airlines
- Represented buyer in two-stage acquisition of debtor Pillowtex Corporation’s complex in Kannapolis, North Carolina for redevelopment in multi-use community
- Represented largest creditor of restructuring of Hyatt Waikiki hotel
- Represented secured lender in acquiring Baldwin Piano and Organ Company through pre-plan foreclosure
- Represented creditors committee in Applied Magnetics Corporation reorganization
- Represented purchaser of television station from bankruptcy in Urban Broadcasting Chapter 11
- Represented investor in the large real estate restructuring of Gas Company Tower, confirming client's plan over debtor's competing plan
- Represented unsecured bank creditors in obtaining full repayment with interest and fees in bankruptcy of Sizzler Restaurants, Inc.
- Represented the debtor in possession of Phar-Mor, Inc.
- Represented the secured lenders in DIP financing of Revco, D.S.
- Represented the largest secured lender in restructuring of Leisure Tech, Inc., a major home builder
- Represented the secured bank group in the bankruptcy of EPI Products, U.S.A.
- Represented the secured lender in the restructuring of petroleum plant Collet Ventures, Inc.
- Successfully represented Sony Pictures Entertainment in the various bankruptcies and litigation regarding “Spiderman,” including obtaining the rights to produce and distribute the film
- Represented distributors, licensees of rights, investors, and production companies in Orion, 21st Century Productions, Carolco, Cannon, and other cases
Admissions
Bar Admissions
- California
- District of Columbia
Court Admissions
- US District Court, Central and Eastern Districts of California, and District of Columbia
- US Court of Appeals, Third Circuit
Education
- University of California at Berkeley, J.D., 1984: Order of the Coif; Editor, California Law Review
- Duke University, A.B., 1981: magna cum laude; Pi Sigma Alpha (National Political Science Honor Society)
Honors & Awards
- Recognized by Best Lawyers® for Bankruptcy & Creditor Debtor Rights / Insolvency & Reorganization Law in Los Angeles, CA (2022-2026); Evan has been listed in Best Lawyers® since 2006
- Recognized by Chambers and Partners USA as one of the leading insolvency/corporate recovery lawyers in California
- Recommended by Legal 500 in the area of Finance: Restructuring (Including Bankruptcy)
Professional Activities
Member
- Board of Governors, Financial Lawyers Conference (1992-96; 2001-05)
Author
- “CARES Act Expands Simpler Bankruptcy Restructuring Under New Subchapter V to Businesses With up to $7.5 Million in Debt,” (co-author Jennifer Taylor), Journal of Bankruptcy Law (August 18, 2020) “Bankruptcy Court Determines Special Provisions Protecting IP Licenses of Bankrupt Debtors Apply to Foreign Corporation,” Alert (November 17, 2011)
- “Lehman Bankruptcy Judge Prevents Trigger of CDO Subordination Provision Based on Credit Support Provider and Swap Counterparty Bankruptcy Filings,” The Banking Law Journal (April 2010)
- “Bad Bankruptcy Citizen,” The Deal (April 2010)
- “Facing New Realities in Today's Debtor-in-Possession Market,” Debtor-in-Possession and Exit Financing: Leading Lawyers on Securing Funding and Analyzing Recent Trends in Bankruptcy Financing (2010)
- “M&A of Companies in Insolvency Proceedings in US, UK and Japan”
- “China’s Draft Bankruptcy Law,” Asian Counsel, Vol. 3, Issue 1 (February 2005)
Speeches
- “Bankruptcy Nuts and Bolts-Executory Contracts” Financial Lawyers Conference (June 07, 2013)
- “Is Your Collateral A Mirage? Issues in IP Collateral” LACBA (April 28 2013)
- “What’s Termination Got To Do With It? Rejection after Sunbeam” Financial Lawyers Conference (October 04, 2012)
- USC Gould School of Law 2011 Real Estate Law and Business Forum (April 02, 2011)
- “DBSD v. DISH: Designation, Gifting, and Standing... Did the Second Circuit Get it Right? (And what are the implications for the loan market?)” LSTA Conference Center (March 09, 2011)
- “The Failing Real Estate Project,” USC Gould School of Law 2011 Real Estate Law and Business Forum (March 02, 2011)
- “Important Leasing Issues in Today's Economy,” presented to USC Law School's 2009 Real Estate Law and Business Forum (March 25, 2009)
- Guest Lecturer UCLA Law School, “Debt, Fiduciary Obligation and Theory of the Firm,” Law 237 (Corporate Finance) (March 2004; March 2006)
- Guest Lecturer, Loyola Law School, “Bankruptcy and M&A,” (Mergers & Acquisition) Chapter 11,” (Transactional Practice Workshop) (November 23, 2005; April 11, 2006)
Guest Lecturer
- Stanford University
- UCLA
- University of California, Berkeley
- University of Oregon
- USC Entrepreneur Institute
- Loyola Law School
Related Practices
Related Industries