Bankruptcy/Restructuring: Massachusetts
 

Bankruptcy/Restructuring: Massachusetts

THE FIRM This team maintains a position among the leading bankruptcy practices in the state. Clients appreciate the effective staffing of cases, with the firm able to draw upon a strong bench of experienced attorneys, and the excellent responsiveness on offer. It handles the full range of insolvency-related work, including out-of-court restructurings, bankruptcy litigation, and distressed company investments and acquisitions.

Sources say: "The firm is very client-oriented and interested in solving its clients' problems."

KEY INDIVIDUALS A "wonderful attorney" with a "stellar reputation," Daniel Glosband is acknowledged as "one of the leading bankruptcy lawyers" around. His recent work includes representing The Education Resources Institute, a guarantor of student loans with $18 billion in outstanding guarantees, in Chapter 11 proceedings.

Michael Pappone is also a "major player" in the market. Clients commend his "excellent technical bankruptcy knowledge" and "ability to anticipate what might happen two or three steps down the road." In one recent matter, he advised lender TD Bank on the Rugged Bear Chapter 11 case.

Gina Lynn Martin impresses with her "excellent analytical skills" and strong attention to detail. She has amassed considerable experience in the field acting for a diverse client base, including corporate debtors, asset-based lenders, hedge funds and purchasers of distressed assets.

THE FIRM Market commentators widely agree that Mintz Levin is on the top rung when it comes to bankruptcy and restructuring work. The Boston team, whose reputation extends far beyond Massachusetts' borders, is well versed in both debtor and creditor-side representations. It also continues to demonstrate near-unparalleled expertise in advising tax-exempt bondholders and their indenture trustees in municipal bond debt restructurings. Key clients include Wells Fargo and Wilmington Trust Company.

Sources say: "They are very professional in their work approach and have the knowledge and good business and legal sense to handle almost any difficult issue."

KEY INDIVIDUALS Star practitioner Richard Mikels "has a unique ability to bring warring sides to their practical sense and get deals done," say sources. He recently represented Momentum Telecom as acquirer of a telecommunications company in Chapter 11 proceedings.

The "accessible and reliable" Daniel Bleck "is great at understanding and dealing with important issues that may pose a risk to the client," note commentators. Though his expertise spans a wide spectrum of industries, his work in the healthcare sector is especially notable.

William Kannel is endorsed as an "excellent tactical negotiator" who "remains focused on getting to the end result for his client, and as efficiently as possible." He maintains a broad-based practice, and is a seasoned authority in negotiating the sale of troubled companies and assets.

Kevin Walsh's well-regarded practice combines bankruptcy litigation and commercial transactions, with corporate debtors, lenders, trustees and bondholders all forming part of his diverse client portfolio.

The "superb" Paul Ricotta enjoys an excellent reputation for his bankruptcy litigation work, and also demonstrates skills in handling distressed asset transactions.

Interviewees are quick to endorse Adrienne Walker as "extremely intelligent, down to earth and a relentless advocate." A rising star within the practice, she has amassed considerable experience in representing corporate debtors, secured and unsecured creditors and trustees in both federal and state level proceedings, and in out-of-court restructurings.

THE FIRM This firm maintains a formidable reputation as one of the strongest debtor-side practices in the state. The attorneys have a wealth of experience in both adversarial insolvency proceedings and out-of-court workouts, and advise clients from a broad range of sectors, including real estate, healthcare, hospitality and retail.

Sources say: "An outstanding firm." 

KEY INDIVIDUALS Widely considered to be "the best debtor counsel in Massachusetts," Harold Murphy "mesmerizes his audience" and offers clients "imaginative, succinct advice." He recently acted as debtor counsel to SW Boston Hotel Venture during its filing for Chapter 11 bankruptcy protection.

Charles Bennett excels in litigation matters and regularly advises debtors and creditors on rights and remedies in Chapter 11 cases.

Ethan Jeffery elicits consistent praise as a well-rounded, pragmatic bankruptcy attorney. His broad practice takes on both debtor cases as well as secured and unsecured creditor representations.

Andrew Lizotte is another of the firm's highly regarded practitioners. He maintains an active body of work, advising operating Chapter 11 business and creditors' committees on workout negotiations and bankruptcy alternatives. 

THE FIRM This group is able to work in close conjunction with colleagues in the New York and London offices to advise clients on domestic and cross-border bankruptcy, creditors' rights and restructuring matters. Aided by the firm's excellent private equity practice, the team has a strong line in representing investment advisers and funds. It also remains prominent in the healthcare sector, recently advising Northern Berkshire Healthcare on the formulation of a Chapter 11 plan.

Sources say: "The firm offers consistently high-caliber, quality individuals."

KEY INDIVIDUALS Sources applaud Steven Hoort's "clarity of thinking," noting that he has "the ability to quickly assess complex situations." He takes the lead on many of the group's healthcare-related engagements, and also recently represented the heirs of the estate of Howard Hughes in the significant General Growth Properties bankruptcy.

Ross Martin attracts praise as "a forceful advocate" for his clients. He has an excellent reputation for his work on behalf of investment funds and private equity sponsors, a case in point being his advice to York Capital Partners in the US and Canadian bankruptcy proceedings of Nortel.

Jim Wilton's "natural air of authority" inspires confidence in clients. He is endorsed as an "excellent negotiator" who "clearly lays down the law to the other side." In one recent matter, he advised Oscient Pharmaceutical as debtor in Chapter 11 proceedings, which involved the successful sale of two commercial stage products. 

THE FIRM WilmerHale's Boston-based team forms an integral part of the firm's robust nationwide practice, and has effective links with the firm's excellent transactional and litigation departments. It has a wide-ranging workload, providing debtor, committee and individual creditor representation alongside advice to purchasers and sellers of distressed assets. It recently represented Constar International in connection with its Chapter 11 reorganization.

Sources say: "These attorneys clearly explain potential legal issues that are buried in the legalese and not readily apparent." "They are realistic, business-minded and a pleasure to interact with."

KEY INDIVIDUALS The "readily accessible and quick to respond" Mitchel Appelbaum impresses clients with his "strong business sense in offering guidance and suggestions in negotiation tactics." He co-leads the firm's debt finance group, and has considerable experience of advising Chapter 11 debtors, secured and unsecured creditors and bondholder groups in financial restructuring and workout matters.

Chairing the firm's bankruptcy and financial restructuring group is the "incredibly talented" John Sigel. His broad-based practice encompasses secured and unsecured lending, Chapter 11 reorganizations and UCC matters. 

Dennis Jenkins elicits praise as a "creative thinker." He played a key role in the firm's representation of Constar.

THE FIRM This firm, a clear client favorite, is lauded for its stable of business-savvy attorneys who demonstrate excellent responsiveness and provide clear, pragmatic advice. In addition to the firm's formidable reputation in real-estate related work, it regularly advises corporate debtors, financial institutions, creditors' committees and investors on complex restructuring and insolvency proceedings.

Sources say: "The attorneys bring thorough and creative leadership to complex situations."

KEY INDIVIDUALS "One of the superstars in the bankruptcy arena," Douglas Rosner maintains a broad practice working on behalf of corporate debtors, unsecured creditors’ committees, lessors, secured and unsecured creditors, and asset purchasers and trustees. He recently represented Magic Brands and Fuddruckers in their Chapter 11 cases.

Sources say James Wallack "really knows how to read the room in a bankruptcy court and what the judge is thinking." They add: "He takes a very holistic view of his clients' concerns" and "brings creative solutions to tough situations." He continues to advise Gordon Brothers Group and DJM Asset Management on distressed asset transactions.

Christine Lynch has established a solid reputation in bankruptcy and creditors' rights matters, particularly in the restaurant and retail sectors. Her recent caseload includes advising the official committee of unsecured creditors in the Elephant and Castle Chapter 11 case.

Clients appreciate that Greg Kaden is "very down to earth and easy to deal with." Singled out as an associate to watch within the team, he has carved himself a robust practice acting for debtors, creditors, secured lenders, private equity sponsors and purchasers on both litigation and transactional matters.

THE FIRM Bingham McCutchen's Boston-based financial restructuring team, combined with the firm's notable New York desk, has established an excellent reputation for its creditor-side representations, particularly in cross-border insolvency matters. It continues to represent several creditors in Lehman bankruptcy disputes.

Sources say: "The team worked together seamlessly and had a great understanding of both legal and business considerations. The attorneys could connect the dots and make very sound judgment calls." 

KEY INDIVIDUALS UCC expert Edwin Smith moves up to the top band in this year's rankings, having been acknowledged as "one of the leading insolvency practitioners in the city." His recent representative work includes advising a broker-dealer on settlement of class action litigation related to a Chapter 11 plan. He co-chairs the firm's financial services practice.

Sabin Willett is an "extremely talented litigator" with considerable experience in the representation of lenders and institutional creditors in complex Chapter 11 disputes. He recently secured a second circuit win on behalf of ING, defending a 'settlement payment' dispute brought by the Enron trustee.

THE FIRM Brown Rudnick's Boston bankruptcy and corporate restructuring team works seamlessly with the firm's well-regarded New York group to advise clients on complex matters, both regionally and nationally. The firm has an impressive track record of representing high-yield investors and fund managers, and also regularly acts for public company debtors. As an example, it recently advised GSI Corporation on its Chapter 11 proceedings.

KEY INDIVIDUALS William Baldiga is managing director of the litigation and restructuring department, and is recognized as "a major player" in the field. He demonstrates particular skill acting as trial counsel in bankruptcy litigation.

THE FIRM This group may be relatively compact compared to other Boston offices, but there is little doubt among market commentators that it is able to produce work of the highest quality. The group enjoys a balanced practice, regularly advising both companies and creditors on corporate restructurings, distressed debt and asset transactions and insolvency proceedings. Its recent highlights include representing GA Capital in the Borders Group bankruptcy, and acting as lead debtors' counsel in the Thompson Publishing Group Chapter 11 case.

KEY INDIVIDUALS Group chair Douglas Gooding is said to be a "wonderful bankruptcy lawyer with a great amount of technical knowledge." He regularly handles cases which are national in scale, and recently represented Bank of America in the restructuring of sports-related loans connected to the Texas Rangers and Los Angeles Dodgers bankruptcies.

John Ventola consistently attracts praise for his strong business sense: "He knows which points are important in negotiations," say sources. He is the lead attorney in the Thompson Publishing Group case, and is also currently advising Hancock Capital on the East-West Resort Development and Brooks Provisions bankruptcy cases.

THE FIRM This firm's Boston office is well known for its debtor-side representations, and has also handled various prominent creditors' cases in the last year. As an example, the team recently advised the official committee of unsecured creditors in the Quincy Medical Center Chapter 11 case. The attorneys maintain a broad base of expertise, encompassing bankruptcy, the enforcement of creditors' rights, out-of-court financial restructurings and cross-border insolvency.

Sources say: "Very senior, experienced attorneys."

KEY INDIVIDUALS Market sources agree that Paul Moore is an effective attorney in the field, noting that while "he is very knowledgeable and aggressive when he needs to be," he is also "able to relate and communicate well with everyone." He continues to advise CrossHarbor Capital Partners on its acquisition of The Yellowstone Club, a private ski and golf community which filed for bankruptcy protection during the economic downturn. 

Clients appreciate that Jeffrey Sternklar "knows when to act as a lawyer and when to act as a business man." His broad practice covers debtor and creditor representations, as well as advice on the purchase of distressed debts and assets.

THE FIRM This team has remained busy over the past year, particularly with respect to cross-border engagements. Representative work includes advising Anglo Irish Bank in bankruptcy proceedings, and advising a Guyanese insurance company on a claim related to an affiliated entity's Bahamian liquidation proceedings. The team is well-versed in a wide array of insolvency matters, from negotiating bankruptcy transactions to advising debtors and creditors in litigation.

KEY INDIVIDUALS Group head Andrew Schwartz impresses with his "ability to analyze complex proceedings – he has strong attention to detail but is also able to look at the big picture." In one recent matter, he advised the liquidator of a failed UK hedge fund on US securities litigation.

Kenneth Leonetti offers the "full package" and "is forensic in his analysis, very pragmatic and really responsive," notes one interviewee. Alongside his work as the lead attorney on the Anglo Irish Bank matter, Leonetti is also currently advising American Honda in two Chapter 11 cases pending in California, and in one Chapter 7 case pending in Tennessee.

THE FIRM Although this two-partner Boston team may be smaller than some of its local competitors, it is made up of highly experienced and well-regarded individuals, and forms a key component of the firm's national practice. The team focuses on insolvency proceedings arising from the financial distress of midmarket companies, and has remained particularly busy advising on real estate-related matters. As an example, it represented Starwood Hotels & Resorts International in the W Boston Hotel Chapter 11 case.

KEY INDIVIDUALS Practice group leader John Monaghan is recommended as "an excellent, creative lawyer." In one recent significant matter, he advised Facility Merchandising on issues relating to the Los Angeles Dodgers Chapter 11 case.

THE FIRM Jager Smith has quickly established itself as a notable player in the bankruptcy and restructuring field. It is best known for acting on behalf of creditors' committees, with recent work including representing the official committee of unsecured creditors in the SW Boston Hotel Ventures Chapter 11 proceedings.

KEY INDIVIDUALS Market commentators agree that Bruce Smith is "a very effective attorney." He recently advised the creditors committee on the Omega Navigation Enterprises bankruptcy. 

THE FIRM This firm is well known nationally for its representation of debtors and indentured trustees in debt restructurings, reorganizations and liquidation proceedings. The five-partner Boston group also regularly advises secured and unsecured lenders and creditors' committees on out-of-court workouts and real estate foreclosures.

KEY INDIVIDUALS With over 30 years' experience in the field, Mark Berman is singled out as "a seasoned attorney with excellent business judgment." His recent work includes acting as debtors' counsel for Cynergy Data.

Victor Milione has a strong track record as a responsive and proactive attorney. He chairs the financial restructuring and bankruptcy group, and is experienced in both domestic and international workout and bankruptcy proceedings.

THE FIRM This firm handles a wide range of bankruptcy, restructuring and creditors' rights issues on behalf of financial institutions, investors and debtors. The attorneys are experienced in both out-of-court workouts and federal court bankruptcy litigation. Recent notable work includes acting for American Refinancing Group on the bankruptcy of Chemtura Corporation.

Sources say: "Very reactive to its clients' needs."

KEY INDIVIDUALS Patrick Dinardo leads the firm's bankruptcy and restructuring group. He attracts commendations as "a real problem solver" with "excellent communication skills." Recently, he has handled numerous matters in the retail sector, including advising Staples on lease and sublease issues arising from the Borders' bankruptcy.

The "practical and responsive" Michael Goldberg of Casner & Edwards, LLP is "very effective at getting to a resolution," say sources. He maintains a broad bankruptcy and financial restructuring practice, and demonstrates specialist knowledge of real estate-related matters.
Also at Casner & Edwards, LLP the "highly experienced" John Morrier continues to make waves. He has established an excellent reputation for advising a diverse client base of creditors, debtors, insurers and landlords on bankruptcy proceedings, out-of-court restructurings and workouts.
Charles Glerum of Edwards Wildman Palmer LLP is widely acknowledged to be an "excellent" practitioner in the field. His practice centers on creditor-side representation, from both workout negotiations to bankruptcy litigation.
The "extremely knowledgeable" Charles Dale of K&L Gates moves up to the top band in this year's rankings. As one client comments: "He is firm in his approach to negotiating a deal, whilst always protecting his clients' rights and interests." 
Sole practitioner Janet Bostwick is highly regarded across the bankruptcy community. She has a broad base of experience in insolvency-related matters, including Chapter 7 and Chapter 11 proceedings, loan workouts, liquidations and wind-downs.
Daniel Cohn of Murtha Cullina LLP is endorsed as "one of the most notable practitioners in town." One interviewee notes: "If you want someone who you know will do great work, he would be an obvious choice." Cohn dedicates his practice to advising troubled companies on distressed asset transactions, Chapter 11 reorganizations and debt restructurings.
The "very responsive and efficient" Gayle Ehrlich of Pierce Atwood LLP impresses sources with her "immense knowledge of the US Bankruptcy Code." She recently advised Global Energy Holdings Group on the filing of Chapter 11 proceedings and on the confirmation of its plan of reorganization.
Richard Levine of Nelson Kinder + Mosseau, P.C. is one of the state's most experienced bankruptcy specialists. In a career spanning more than three decades, he has advised on the full range of bankruptcy and insolvency proceedings, and was also appointed the first Director and Counsel of the Executive Office of United States Trustees.

Future Events 

29th May 2013: GC Seminar, New York Going Mobile: IP and Privacy Considerations

4th June 2013: GC Seminar, Houston Challenges in Creating An Effective and Coordinated Global Compliance Program

9 September 2013: Chambers Latin America Awards 2013, Miami

10 September 2013: Launch of Chambers Latin America 2014, online

3rd October 2013: Chambers Bar Awards 2013, London

22nd May 2014: Chambers USA Awards 2014, New York