Consistently recognized as industry leaders by Chambers USA, Legal 500 US, Law360, and The Deal, among others, MoFo’s Business Restructuring + Insolvency Group counsels clients around the globe on the issues that arise in relation to corporate distress, including some of the most significant bankruptcy cases in recent history.
We advise debtors, creditors, creditors’ committees, ad hoc committees, secured lenders, and specialist investors. The breadth of our practice allows us to find solutions for a broad range of participants in distressed markets and help them navigate their most complex issues.
Our capabilities include:
The members of our team, including leaders in professional organizations promoting the development and reform of restructuring law, have advised clients on insolvency matters spanning multiple jurisdictions. Our lawyers have been involved in, and continue to advise on, significant multijurisdictional cases that span:
This experience, along with our familiarity with global approaches to corporate distress, courts, and insolvency professionals, enables us to navigate even the most complex matters.
We regularly advise multinational institutions on:
Our cross-border experience frequently includes the representation of institutions seeking recognition of insolvency proceedings in other countries. We have substantial experience in the United States with chapter 15 of the U.S. Bankruptcy Code and its UK counterpart, the Cross-Border Insolvency Regulations, both of which incorporate the UNCITRAL Model Law on Cross-Border Insolvency. Our firm’s involvement in cross-border restructurings during chapter 15’s peak years of evolution enables our professionals to provide an unrivaled and unique understanding of the issues that non U.S. global entities face when seeking relief in the United States.
While many firms can represent a single creditor with a single interest, clients frequently call on us to represent committees consisting of multiple creditors with numerous, and sometimes divergent, interests. We have considerable experience covering informal and ad hoc committees, as well as formal committees in insolvency proceedings.
We have represented official committees in many high-profile U.S. chapter 11 reorganization proceedings involving companies with complex capital structures and a diverse creditor constituency that includes institutional note holders, trade creditors, investors, labor unions, retirees, and customers. Our experience representing official committees spans several industries and commercial sectors, including:
While many of our cases involve debtors with annual revenues of several billion U.S. dollars, we use careful and efficient staffing models that allow us to help companies with significantly smaller revenues.
Whenever needed, our lawyers call on colleagues with other principal areas of focus, including capital markets, derivatives, intellectual property, labor, project finance, and real estate. We also have a deep bench of high‑stakes litigators and trial lawyers ready, if our clients’ circumstances call for those services.
We represent liquidators, major creditors, and investors in high-profile hedge fund insolvencies. We regularly advise liquidators and other parties-in-interest on tracing, liquidating, and recovering assets of failed domestic and foreign hedge funds. Our representation of hedge funds and their creditors involves designing and implementing cross-border litigation strategies. This experience has enabled our lawyers to be involved in shaping the law under chapter 15 of the U.S. Bankruptcy Code.
As a preeminent IP firm with a similarly distinguished restructuring practice, we offer clients deep experience with key IP in insolvency matters. Our clients are involved in cutting-edge IP matters in the United States, Japan, Europe, China, and many other jurisdictions. Our restructuring team works with lawyers across our relevant Patent, Corporate, Technology Transactions, and Litigation Groups to understand the nature of our clients’ interests and develop creative solutions to protect those interests, whether our clients are facing their own financial hardships, dealing with a counterparty insolvency, or protecting against a potential insolvency event.
We also have experience advising clients on IP rights in chapter 11 cases and maximizing recoveries on their property rights in bankruptcy. We provide clients with a full complement of services, from general advice on how to “bankruptcy proof” a license or contract, to engaging in complex litigation to protect valuable property rights.
We have assembled a multidisciplinary team with the unique experience in U.S. municipal insolvencies required to resolve key issues and disputes in chapter 9 cases related to this challenging area of law, including extensive experience representing creditors. We also represent municipal entities, including:
Our skilled debt-trading practice is devoted to representing clients engaged in the secondary market trading of commercial loans, claims, and other debt assets. We provide regulatory and strategic counsel to banks, asset managers, hedge funds, and other market participants in every type of debt-trading transaction, including:
Our clients include investment banks, commission brokers, commercial banks, fund and asset managers, hedge funds, and other investors in commercial loans. In addition to representing many U.S.-based corporations, we represent several clients in connection with trades of loans and claims owed by European, Latin American, Asian, and other non-U.S. obligors.
Our restructuring and bankruptcy team is closely integrated with the Financial Transactions Group, which includes lawyers who have a wealth of experience in the areas of banking, securities, structured finance, and derivatives, all of which are essential to formal and informal financial restructuring work. Lawyers in the firm’s insolvency, tax, ERISA, securities, and other practices are familiar with the unique issues associated with debt trades, and assist with trading matters as needed.
Examples of our debt-trading experience include:
We are also active members of the Loan Syndications and Trading Association (LSTA), the trade association for the debt-trading industry. Several of our lawyers regularly participate on committees established by the LSTA to promote the liquidity and efficiency of the market.
U.S. and non U.S. global structures now support a complex matrix of rules governing struggling financial institutions. We have the experience and reach to advise stakeholders in these demanding situations. Our group represents clients impacted during these times, including:
Our group features a bankruptcy mediation practice not often found at peer firms, acting on large-scale mediations in industries including retail and apparel, media, and oil and gas.
Chambers USA Ranked as a leading bankruptcy and restructuring firm nationwide and in New York in 2019.
Chambers Global Ranked as a leading restructuring and insolvency firm globally in 2019.
Legal 500 US Ranked as a leading corporate restructuring firm in the U.S. in 2019.Jennifer Marines named “Next Generation Lawyer” in 2017 and 2018.
Law360Jennifer Marines named Bankruptcy Rising Star in 2016 and 2017.
Turnarounds & WorkoutsJennifer Marines named Outstanding Young Restructuring Lawyer for 2016, 2017, 2018, and 2019. Lorenzo Marinuzzi named Outstanding Restructuring Lawyer for 2016.Brett Miller named Outstanding Restructuring Lawyer for 2014 and 2015.
American Bankruptcy Institute Jennifer Marines awarded “40 Under 40” for 2018.
Business Restructuring + Insolvency 2019 Annual Review
Business Restructuring + Insolvency 2017 Annual Review
Business Restructuring + Insolvency 2016 Annual Review
Business Restructuring + Insolvency 2015 Annual Review
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