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Restructuring and insolvency

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For restructuring and insolvency lawyers, who make their living from a counter-cyclical market, the gradual recovery of the US economy has been bad for business. Whilst there is still some activity in the middle market, the past year has been characterised by what one partner describes as "a dearth of the very large filings". Cheap and plentiful credit has resulted in a wave of amend and extends, but new mega-filings are now few and far between. According to one attorney, the market is "far from non-existent – but it's certainly past its heyday." Another laments, "There's little if any real restructuring."

The Federal Reserve's quantitative easing programs and decision to keep interest rates low have resulted in increased liquidity, and created ideal conditions for struggling companies to refinance. "We have got companies in denial, going through tough times, and we have got people willing to throw money at them," remarks one partner. With healthy companies selling at what some buyers see as unrealistic prices, bankruptcy as an M&A process - where lenders end up owning some or part of the company - has become popular.

However, there is still plenty of bad news for bankruptcy lawyers to smile about. "There's a lot of high-yield debt out there," says one partner. "If there's an uptick in interest rates, I think we will see the overall restructuring activity increase." Another attorney observes, "The default rate is currently low. I'm an optimist by nature – I think we are going to have more defaults."

Sectors which are generating a lot of restructuring work include real estate, financial services and retail. Though corporations are sitting on trillions in cash after trimming jobs during the downturn, this has not resulted in a marked upswing in job creation. As a result, the retail sector has struggled to entice consumer spending; by August 2011, sales expectations were at their lowest in over two years, according to the D&B National Business Expectations Survey. In the finance industry, the recession has led to an unwinding of what one practitioner describes as "these ridiculously over-structured products", many of which were constructed to support the mortgage market. According to the Case-Shiller Index, real estate prices in March 2011 were down by 37% from their 2006 high. "I think the real estate sector is definitely driving a lot of the restructuring right now," notes one partner.

With short-term state tax revenue tied to property values, some attorneys had hoped that municipal defaults would generate business this year. "You can't pick up the paper without reading about municipal defaults," says one attorney. "That's a problem which is looming on the horizon and may require some kind of congressional fix." Yet while the controversy over whether it is constitutional for states to file kept journalists busy, most bankruptcy attorneys were left twiddling their thumbs. "It was going to be the next big thing – but it wasn't," says another partner.

Large and complicated international transactions were also making headlines this year. Nortel, once one of North America's largest telecommunications companies, filed for insolvency protection in 2009. As part of the bankruptcy, the Toronto company completed the sale of its $4.5 billion patent portfolio in June 2011. With creditors led by bondholders in the US and pension trustees in the UK, resolving the cross-border legal issues was a complex proposition. The trend towards globalisation is likely to benefit firms with an international scope. "As the world becomes more and more closely knit together, companies become both larger and more integrated globally," says one practitioner. "This is going to be an increasing phenomenon. International firms are going to benefit from this completely, because involvement requires the ability to get an almost instant answer."

Kirkland & Ellis

With what peers describe as a "top-notch" practice and a "substantial group of very talented people", Kirkland & Ellis distinguishes itself as one of the leaders of the pack. The firm handles some of the largest and most complex insolvency matters domestically and abroad, and has earned an international reputation for achieving results.... [more]

Leading lawyers
Paul Basta
Richard Cieri
Edward Sassower
James Sprayregen

Skadden Arps Slate Meagher & Flom

Skadden Arps Slate Meagher & Flom is widely regarded as one of the best firms in the country for innovative, flexible and timely bankruptcy advice. The firm pioneered the use of pre-packaged bankruptcies, in which refinancing terms are worked out prior to filing Chapter 11, avoiding millions of dollars of fees.... [more]

Leading lawyers
John Butler
Jay Goffman
J Eric Ivester
J Gregory Milmoe
George Panagakis

Weil Gotshal & Manges

Weil Gotshal & Manges remains a top choice for corporations, lenders, and investors who need sophisticated advice on restructuring and insolvency matters. Weil has been a pioneer in the development of pre-packaged and pre-negotiated Chapter 11 filings, discovering new methods of limiting a company's stay in bankruptcy court.... [more]

Leading lawyers
Marcia L Goldstein
Harvey Miller
Joseph Smolinsky

Davis Polk & Wardwell

Davis Polk & Wardwell is recognised by clients and competitors as having an outstanding international practice in restructuring and insolvency. "They tend to have more complicated transactions, more complicated issues and more global matters generally," says one competitor.... [more]

Leading lawyers
Donald Bernstein
Marshall Huebner

Milbank Tweed Hadley & McCloy

Milbank Tweed Hadley & McCloy has handled some of the most prominent restructuring and insolvency cases in the US and Europe over the last few years. The firm has particular expertise in the capital markets space and is supported by its solid corporate finance practice.... [more]

Leading lawyers
Paul Aronzon
Matthew Barr
Dennis Dunne

Paul Weiss Rifkind Wharton & Garrison

Paul Weiss Rifkind Wharton & Garrison has represented parties in nearly every significant Chapter 11 case over the last few years. Competitors note the firm's "excellent creditor-side work".... [more]

Leading lawyers
Alan Kornberg
Andrew Rosenberg
Jeffrey Saferstein
Stephen Shimshak

Wachtell Lipton Rosen & Katz

Wachtell Lipton Rosen & Katz has one of the nation's most well-respected bankruptcy practices. The firm is involved in some of the most significant sponsor and strategic acquisitions and investments and has a reputation as a leader in takeover defence and shareholder activism.... [more]

Leading lawyers
Edward Herlihy
Daniel Neff

Cadwalader Wickersham & Taft

The restructuring department of Cadwalader Wickersham & Taft celebrated a record year in 2010. Its lawyers are well-known for their work on the Chapter 11 of petrochemical giant LyondellBasell Industries.... [more]

Leading lawyers
George Davis
Mark Ellenberg
Deryck Palmer
John Rapisardi
Andrew Troop

Jones Day

Jones Day has an internationally-renowned practice in restructuring and insolvency. "Jones Day has a very good group," says one rival.... [more]

Leading lawyers
David "Dave" Heiman

Kramer Levin Naftalis & Frankel

Kramer Levin has played a key role in some of the largest and most complex bankruptcy cases over the past year. The firm is particularly known for its work on the creditor side.... [more]

Leading lawyers
Thomas Mayer

Shearman & Sterling

Shearman & Sterling has a prominent restructuring & insolvency team, which has been involved in some significant cases in the US and internationally. Peers have kind words for the firm's restructuring team, particularly partner Douglas Bartner.... [more]

Leading lawyers
Douglas Bartner
Frederic Sosnick

Bingham McCutchen

Bingham McCutchen's lawyers have been involved in drafting legislation for the United Nations Commission on International Trade Law, including the Model Law on Cross-Border Insolvency, a Legislative Guide for Insolvency Systems and the Convention on Assignments of Receivables in International Trade. Peers express admiration for "big name" Michael Reilly, co-head of the firm's global financial restructuring group, and deputy chair of the firm's financial services area.... [more]

Leading lawyers
Timothy DeSieno
Michael Reilly
Jeffrey Sabin

Cleary Gottlieb Steen & Hamilton

Cleary Gottlieb Steen & Hamilton is known for its work on large and complex restructuring matters, particularly those with a cross-border component. Peers single out Thomas Moloney for praise.... [more]

Leading lawyers
James Bromley
Richard Cooper
Lindsee Granfield
Seth Grosshandler
Thomas Moloney
Sean O'Neal
Lisa Schweitzer

Debevoise & Plimpton

Debevoise & Plimpton is a leading firm in high-profile bankruptcy matters. The firm recently represented the Oriental Trading Company, a portfolio company of The Carlyle Group, in its Chapter 11 proceedings.... [more]

Leading lawyers
Steven Gross
Richard Hahn

Kasowitz Benson Torres & Friedman

Acknowledged by peers as a "force to be reckoned with", Kasowitz Benson Torres & Friedman is particularly respected for its aggressive representation of junior creditors in bankruptcy cases. One competitor describes the firm as "a bomb thrower", due to its ability to make an explosive impact on behalf of its clients.... [more]

Quinn Emanuel Urquhart & Sullivan

A new entry to the rankings this year, Quinn Emanuel Urquhart & Sullivan is described by peers as "the next go-to model". The firm is making a name for itself as one of the top choices in the country for bankruptcy litigation, with one rival admitting its attorneys frequently "run circles around" the opposition.... [more]

Leading lawyers
Susheel Kirpalani

Schulte Roth & Zabel

Schulte Roth & Zabel breaks into the restructuring and insolvency rankings this year following peer recommendation. "It's an extremely good firm," says one competitor.... [more]

Leading lawyers
Michael Cook

Gibson Dunn & Crutcher

Gibson Dunn & Crutcher continues to work on some of the most prominent bankruptcy and restructuring deals. In an ongoing deal, the firm is representing Wilmington Trust Company, as indenture trustee for $23 billion in bonds of General Motors.... [more]

Morgan Lewis & Bockius

Morgan Lewis & Bockius has a highly-regarded bankruptcy practice with particular expertise in the area of debtor-in-posession and exit lending. The firm's clients include JPMorgan Chase Bank, Wells Fargo/Wachovia Bank, GE Capital, Bank of America, and The Bank of New York/Mellon Bank.... [more]

Stroock & Stroock & Lavan

Stroock & Strook & Lavan is best-known for its representation of creditors in complex restructuring and distressed M&A deals. The firm recently represented holders of a majority of $1.... [more]

Dechert

Dechert has been involved in many of the major bankruptcies in the US over the last year, including Citadel Broadcasting, CIT Group, Delphi, General Growth Properties, Lehman Brothers, Scotia Pacific/Pacific Lumber, and Visteon Corporation. The firm has particular expertise on the creditor side.... [more]

Leading lawyers
Michael Sage

Mayer Brown

In October 2010, Mayer Brown acquired veteran partner Howard Beltzer from Morgan Lewis & Bockius, where he was the co-head of the restructuring and banking group. Beltzer is decribed by one peer as "a primary guy" who "used to drive the group" at Morgan Lewis.... [more]

Leading lawyers
Howard Beltzer
Brian Trust

McDermott Will & Emery

McDermott Will & Emery's expertise in tax-exempt structuring and restructuring sets it apart from its rivals. The firm is also well-known for its experience in handling health care matters.... [more]

Orrick Herrington & Sutcliffe

Orrick Herrington & Sutcliffe "has some first-class workout people", according to one competitor. Partner Marc Levinson is described by peers as "very capable" and "first class, a very smart guy".... [more]

Leading lawyers
Marc Levinson

See also

United States
North America

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