Overview

David is a partner in the Business Restructuring, Creditors' Rights & Bankruptcy and Commercial & Public Finance practice groups. He focuses his practice on business reorganizations and capital structure workouts in distressed situations across a wide range of industries and also represents debtors, committees and creditors in related litigation matters. Clients and colleagues value David’s insight and knack for delivering practical and productive advice.

David’s experience includes multiple transactions that have been recognized for excellence with various industry awards, including Top Mid-Market Turnaround ($250-500M), Turnaround Atlas Award 2018; Financials Deal of the Year, M&A Advisor Turnaround Award 2017; Out of Court Restructuring of the Year (Middle Markets),Turnaround Atlas Award 2016; Professional Services Deal of the Year, M&A Advisor Turnaround Award 2015; Professional Services (B-to-B) Deal of the Year (Over $100MM), M&A Advisor Award 2015; and Restructuring Deal of the Year (Over $100MM to $1 Billion), M&A Advisor Award 2015.

Experience
  • Represented developer of data storage solutions in successful chapter 11 asset sale and plan of reorganization process
  • Represented engineering firm on its out of court global operational and balance sheet restructuring and recapitalization and on resolving ongoing regulatory investigations
  • Represented secured lender on refinancing and restructuring of multiple hospital systems
  • Represented health care services provider in litigation to collect accounts receivable and settlement of related claims against multiple distressed nursing homes and other care facilities
  • Represented indenture trustee in chapter 15 proceedings of South American industrial conglomerate
  • Represented retailer in negotiating termination of joint venture with bankrupt counterparty and related intellectual property licenses with 363 sale purchaser
  • Represented company founders in negotiating resolution of claims from pre-bankruptcy LBO and related asset purchases
  • Represented new money lenders in negotiating and structuring contested priming DIP financing facility
  • Represented aircraft lessors in airline chapter 7 liquidation
  • Represented undersecured junior lender in realizing full recoveries through a managed 363 sale process and liquidating plan
  • Represented chemical company on its successful chapter 11 proceedings
  • Represented unsecured creditors’ committee in confirming competing plan of reorganization with full payouts for general unsecured creditors
  • Represented former subsidiary in $1.4 billion fraudulent transfer litigation stemming from corporate spinoff
Publications
  • “Considerations in Evaluating LLC Operating Agreement Constraints on Voluntary Filings,” ABI Journal, December 2017 (co-author)
  • “Special Issues Involving LLCs,” ABI Views from the Bench Conference, October 2017 (co-author)
  • Spanish Peaks: New Uncertainties for Bankruptcy Asset Sales,” Norton Bankruptcy Law Adviser, October 2017 (co-author)
  • “Considerations for Power Generation Company Restructurings,” Law360, May 2016 (co-author)
  • “Do ‘Out of the Money’ Creditors Have Standing? Appointment of a Committee,” ABI Northeast Bankruptcy Conference, 2012 (co-author)
  • “Mandatory Subordination of Claims Under Section 510(b): Three New Delaware Decisions,” Pratt's Journal of Bankruptcy Law, September 2008
Presentations
  • “Asset Purchases: Techniques & Best Practices to Avoid Successor Liability,” The Knowledge Group webinar, June 2016
Distinctions
  • Selected to the New York Rising Stars list by Super Lawyers, 2014-2018
  • Named to the 2014 Pro Bono Honor Roll by the Bankruptcy Court for the District of Massachusetts
Professional and Civic

Professional Associations

  • American Bankruptcy Institute
  • Turnaround Management Association
News