Michael is the leader of the firm's banking & financial service industry team. He has been involved in some of the most complex bankruptcy and reorganization cases in the country. Michael's practice focuses primarily on corporate debt restructurings, bankruptcy and related litigation matters. He has extensive experience representing indenture trustees and investors in restructuring defaulted debt securities. He has negotiated, filed and confirmed numerous creditor plans. Michael also has represented official committees of unsecured creditors in Delaware and Minnesota.

As part of his restructuring practice, Michael represents investment funds acquiring distressed companies and assets, both in and outside of a formal bankruptcy proceeding. He works with clients to develop and implement investment strategies, including capital structure alternatives, corporate governance matters and management incentive plans.

Michael's representative engagements include:

• Ziff Davis Media Inc. (New York) – Representation of indenture trustee and collateral trustee for holders of $225 million of debt securities, including litigation regarding turnover of sale proceeds. Successfully settled.
• Refco, Inc. (New York and Minnesota) – Representation of an international company in the New York Bankruptcy Court regarding assumption and assignment of exclusivity agreement arising from sale of commodity brokerage business to Refco Group and its affiliates. The transaction resulted in multiple litigation claims in the New York and Minnesota state and federal courts.
• Oakwood Homes (Delaware) – Representation of indenture trustee for holders of $300 million of debt securities. Acted as lead counsel, on behalf of the indenture trustee and its constituency of bondholders, in pursuing objections to claims totaling more than $1.1 billion relating to the debtors' obligations arising under numerous securitization trusts. The parties ultimately pursued this issue to the U.S. Supreme Court. Successfully settled the majority of claims.
• Forum Health Care (Out-of-Court Workout) – Representation of bond trustee and master trustee for holders of $194 million of debt securities issued by the County of Mahoning, Ohio for the benefit of Forum Health. Worked with the trustee and a constituency of liquidity providers regarding sale of hospital facilities and repayment on the bonds.
• MOA Hospitality (New York) – Representation of indenture trustee for holders of $80 million in unsecured debt securities. Restructured the securities in 2005 and pursued litigation in 2007 regarding violations of restructured indenture obligations. New York Supreme Court granted motion for summary judgment in favor of the indenture trustee.
• Distribution Dynamics (Minnesota) – Representation of official committee of unsecured creditors. Filed joint plan of reorganization with the debtors. Acted as counsel to the liquidating trustee appointed under the plan. Investigated and pursued more than 800 preferential transfers and commenced more than 200 adversary proceedings to recover the payments.
• Dabhol Power Company (New York, U.K. and India) – Representation of offshore collateral agent to the Dabhol Power Project. Administered claims and rights of senior lenders in the United Kingdom and India with a $2 billion claim in the Enron bankruptcy cases. Participated in litigation commenced in the United Kingdom concerning insurance matters relating to the project.
• Finisar (California) – Representation of indenture trustee for holders of $275 million in debt securities. Acted as lead counsel, on behalf of the indenture trustee and its constituency of bondholders, in litigation in the federal and state courts of California regarding Finisar's failure to timely file financial statements with the SEC and indenture trustee. Successfully argued that the action involved a federal question and removed to the U.S. District Court for the Northern District of California.
• U.S. Timberlands (Delaware) – Representation of indenture trustee for holders of $225 million in debt securities. Acted as lead counsel, on behalf of the indenture trustee and its constituency of bondholders, in litigation in the Delaware Court of Chancery, bringing claims against the issuer, its related entities, and certain of its officers and directors for breach of the indenture, fraudulent transfer and breaches of fiduciary duty. Settlement implemented through Chapter 11 bankruptcy.

Clerkships