When the commercial stakes are highest, clients rely on Paul, Weiss to handle their most challenging and fast-moving restructuring and insolvency-related disputes. Combining the capabilities of our market-leading Restructuring Department and our renowned Litigation Department, we work to achieve the most favorable results for our restructuring clients, whether in the courtroom or through negotiated resolutions.
Our Restructuring Litigation team has an unparalleled track record of success in the highest stakes matters. Our litigators work hand in hand with our preeminent Restructuring Department to ensure the best possible outcomes for clients facing challenging situations in bankruptcy cases, or out-of-court restructurings, for both domestic and foreign clients and proceedings.
Our litigators represent the world’s best-known companies, leading distressed debt investors, ad hoc groups and committees, and sponsors, reflecting the balance of debtor, creditor and equity investor matters that our bankruptcy lawyers regularly handle in complex distressed situations. This unique practice diversity and depth of experience give our litigators a nuanced, strategic perspective and the know-how to achieve outstanding results, even under extreme time pressure.
We prosecute and defend a broad range of contested matters and adversary proceedings arising in bankruptcy proceedings and other restructuring and insolvency situations, including:
- liability management transactions
- fraudulent transfer and other avoidance actions
- asset sale and valuation disputes
- breach of fiduciary duty claims
- insider/control issues
- intercreditor disputes
- lender liability matters
- lien avoidance and priority disputes
- plan confirmation and enforcement
- post-confirmation matters
- special litigation committee investigations
- appeals
Financial Restructuring Disputes: The matters we litigate in the restructuring context are noteworthy for their size, speed and complexity. Paul, Weiss’s Restructuring Litigation team, working with our Restructuring Department, recently secured landmark litigation victories for Revlon in its chapter 11 cases, for lender-plaintiffs in the high-profile Serta Simmons bankruptcy following an appeal to the Fifth Circuit, and lender-defendants in the closely watched Wesco Aircraft Holdings bankruptcy trial, among others. We regularly litigate against the most skilled adversaries and win; our readiness to take cases to trial and win is an invaluable tool in advancing our clients’ objectives.
Internal Investigations and Litigation Valuation: A successful restructuring may turn on the resolution of pending, threatened or anticipated litigation of issues ranging from mass torts to regulatory investigations to other bet-the-company liabilities. Our peerless investigative capacity and broad-based litigation experience, coupled with our in-depth understanding of the bankruptcy process, equip us to assess and find a path to resolution for these difficult exposures.
Strategic Advice: In many cases, the most critical and tactical litigation advice comes before a complaint or chapter 11 petition is filed. We provide boards, special committees and other fiduciaries with the strategic and tactical advice they need to minimize litigation exposure in their restructuring planning.
Recent
Experience
Recent Engagements
We have recently served as litigation counsel in connection with out-of-court refinancings and restructurings and in-court bankruptcy proceedings for the following companies, creditors and investors:
- Diamond Sports Group, the nation’s largest owner of regional sports networks, in its successful chapter 11 cases filed in the Bankruptcy Court for the Southern District of Texas. In connection with its filing, Paul, Weiss litigators led an investigation on behalf of Diamond’s board that culminated in a complaint against various parties for over $1 billion arising from pre-petition transactions, which settled on highly favorable terms, including approximately $500 million in cash to the estate. The litigation settlement paved the way for the Company’s emergence from chapter 11.
- A group of Serta Simmons lenders excluded from a 2020 debt restructuring deal in the significant victory in the appeal of the opinion of the Fifth Circuit. The decision reversed the Houston bankruptcy court’s decisions in the chapter 11 cases that had validated the 2020 uptier transaction with a subset of favored lenders and rejected the excluded lenders’ counterclaims against the favored lenders.
- Revlon, a leading global beauty company, and certain of its subsidiaries in its contested chapter 11 cases in the U.S. Bankruptcy Court for the Southern District of New York, including Revlon’s successful defense in an adversary proceeding by pre-petition lenders alleging breach of credit agreements and other claims. Paul, Weiss’s litigation defense resulted in a complete dismissal of all claims against Revlon on the eve of trial.
- Carlyle Asset Management and Spring Creek Capital and its affiliated holders of 1.25L notes issued by Wesco Aircraft Holdings (d/b/a Incora), a leading provider of comprehensive supply chain management services to the global aerospace and other industries, in connection with Incora’s restructuring in the Bankruptcy Court for the Southern District of Texas. Paul, Weiss’s litigation defense lead to a dismissal of all claims against its clients following a six-month trial in the Bankruptcy Court for the Southern District of Texas.
- TV Azteca and certain subsidiaries in connection with successfully obtaining dismissal of the involuntary chapter 11 petitions filed by certain petitioning creditors in the Southern District of New York.
- Enviva and its debtor affiliates, the world's largest producer of sustainable wood pellets, in their prearranged chapter 11 cases in the U.S. Bankruptcy Court for the Eastern District of Virginia, including a successful settlement of valuation disputes and pre-petition litigation claims following an internal investigation.
- An ad hoc group of first lien noteholders of AMC Entertainment Holdings, the largest movie theater chain in the U.S. and worldwide, in connection with litigation related to the company’s refinancing transaction announced in July 2024.
- Certain Lions Gate Entertainment Corporation bondholders who participated in the company’s 2024 exchange transaction, in litigation by a non-participating bondholder against the transaction participants alleging breach of contract and other claims.
- An ad hoc group of first lien, second lien, and unsecured lenders in the chapter 11 restructuring of Endo Pharmaceuticals, a specialty pharmaceutical company. The group comprised approximately of $3.2 billion, nearly forty percent, of the company’s funded debt.
- A group of convertible noteholders JUUL, an American electronic cigarette company, in connection with litigation and an eventual settlement pursuant to which the noteholders’ convertible notes were converted to equity and the noteholders were provided with an opportunity to make an additional investment in the company.
- Madison Square Boys & Girls Club, a not-for-profit organization, in its chapter 11 case filed in the Southern District of New York to address claims arising under the New York Child Victims Act.
- Brookfield Asset Management and Simon Property Group, the sponsors of Copper Retail JV LLC, a newly formed joint venture, in connection with the purchase of the operating assets of J.C. Penney under section 363 of the Bankruptcy Code and a bespoke lease rejection dispute.
- Successful defense, argued in the Fifth Circuit Court of Appeals, of Hartree Partners’ entitlement to a break-up fee and expense reimbursement as stalking horse bidder for certain assets of Bouchard Transportation, in a sale under section 363 of the Bankruptcy Code in the company’s chapter 11 cases.
- Co-counsel to Apollo Global Management, as DIP lender in the chapter 11 proceedings and contested confirmation process for Grupo Aeroméxico, the flag carrier airline of Mexico. Paul, Weiss’s Restructuring Litigation team lead a successful plan objection effort that lead to a settlement of that dispute through a new chapter 11 plan, followed by a successful defense against challenges to plan confirmation.
- Pioneer Energy Services Corp., an oil and gas services company, in chapter 11 proceedings, including challenges to plan confirmation based on alleged material adverse effects associated with COVID-19, which was settled on highly favorable terms that allowed the company to confirm its chapter 11 plan and successfully emerge from bankruptcy.
- General Motors in litigation in the bankruptcy court related to a proposed settlement between a trust representing Old GM and plaintiffs asserting personal injury and economic loss claims arising from ignition switch and other alleged defects in vehicles manufactured by Old GM that were recalled in 2014.
- W Wind Down, the entity formed on the effective date of the Westinghouse Electric Company chapter 11 plan, responsible for administering the debtors’ obligations under the plan. Within ten months of the effective date, W Wind Down Co resolved 90% of the 3,700 and approximately $115 billion in claims and announced that allowed general unsecured claims will be paid in full.
- An ad hoc group of senior secured creditors of Oro Negro, a Mexican offshore drilling company, in chapter 15 proceedings in the Southern District of New York, and adversary proceedings by former managers of the company against the ad hoc group.
- The Restructuring Sub-Committee of the Board of Directors of Sears, a leading retailer in the appliance, tool, lawn and garden, fitness equipment, automotive repair and maintenance retail sectors, in the company’s chapter 11 cases, including the investigation of potential claims and causes of action in related party transactions and the court-approved $5.2 billion sale of assets.
- Cumulus Media, the nation’s second largest radio company with 446 stations spread across 90 markets, and certain of its affiliates in their chapter 11 cases, including a multi-day chapter 11 plan confirmation trial addressing, among other things, various valuation issues.