Our special situations team excels in advising asset managers, hedge funds, private equity funds and other alternative capital providers, as well as borrowers, in connection with bespoke, complex debt and equity financings and hybrid capital investments. 

We act for various special situations funds, investment banks, borrowers and sponsors in a variety of private and public transactions, including debt and equity financings and hybrid capital investments. In distressed situations, our team crafts novel out-of-court capital structure solutions and in-court restructurings, including exchange and priming transactions, private credit transactions, rescue financings, DIP financings, claims trading and Chapter 11 exit financings. We also bring extensive experience in the infrastructure and municipal bond sectors, where we help investors maximize returns and enforce rights through complex restructurings, high-yield workouts and cutting-edge litigation strategies.

We draw on experience across our corporate, distressed mergers and acquisitions, bankruptcy and restructuring, finance, litigation and dispute resolution, crisis management, tax and private funds practices. We also have strong experience in the financial, commodities and mining sectors.

We support clients beyond providing legal advice, acting as trusted advisers with a deep understanding of the individual commercial needs of each client business. We are quick to react to changing commercial demands and business drivers and provide timely, innovative, robust and commercial advice, allowing businesses to make better decisions, more quickly. We guide clients throughout the investment life-cycle, steering through economic challenges, market uncertainties and governance concerns, and offer strategies that limit risk, maximize returns and are key to delivering long-term success.

Our experience in municipal and infrastructure special situations is unparalleled. Our team includes pre-eminent restructuring, trial and appellate lawyers who are best placed to work with clients to structure, negotiate and execute complex (and often bespoke) solutions — including tax-exempt bond exchanges, debt-to-equity conversions, rescue financings and recovery vehicles.

Experience

Brightline West ad hoc group of bondholders

Advising an ad hoc group of bondholders in an exchange and partial repurchase of $2.5 billion Brightline West senior subordinated secured revenue bonds

Deutsche Bank

Advising Deutsche Bank on the secured financing to Sankaty of its acquisition of an approximately $660 million loan portfolio from Lloyds Banking Group

Clarendon Portfolio

Advising a consortium comprised of Deutsche Bank, KKR and Varde Partners on the financing of their circa $6.2 billion acquisition of GE’s Australian and New Zealand consumer finance business (new re-branded Latitude Financial Services). The financing arrangements included six warehouse securitisations of consumer finance receivables, including Australia’s first rated credit card receivables securitisation programme

GenesisCare

Acted as special counsel to the official committee of unsecured creditors of GenesisCare. Burdened by more than US$1.7 billion of debt, the company sought Chapter 11 protection in the bankruptcy court in the Southern District of Texas, Houston Division, on June 1, 2023. The seven-member committee consists of Accuray Inc, ASD Specialty Healthcare LLC (Amerisource Bergen), Block Imaging Parts & Service LLC, Elekta, Cardinal Health 414 LLC, Centrex Revenue Solutions and Boston Scientific Corp

Imdex

Advising in connection with the refinancing and structuring of its US$54 million senior debt facilities, involving a debt trade from Imdex’s existing lenders to affiliates of Sankaty Advisors, LP, the restructuring of the facilities into a new syndicated facility and issuance of warrants to the refinancing lenders 

Seven Group Holdings

Advising in respect of its acquisition of the senior loans and bonds in connection with the restructuring of Nexus Energy

Key contacts

Scott Welkis photo

Scott Welkis

Partner, Head of Special Situations, US, New York

Rachael Ringer photo

Rachael Ringer

Partner, Head of Distressed Investing, US , New York

Ariel N. Lavinbuk photo

Ariel N. Lavinbuk

Managing Partner, Washington DC Office, Washington, DC

Amy Caton photo

Amy Caton

Managing Partner, Finance and Restructuring, US and Head of Bankruptcy and Restructuring, US, New York

Daniel M. Eggermann photo

Daniel M. Eggermann

Partner, Head of Distressed Investing, US, New York