D. Ross Martin
Ross represents companies, creditors committees, lenders, purchasers of distressed businesses and private equity sponsors in chapter 11 bankruptcy cases and out-of-court workouts. He also represents institutional investors, as well as directors and officers, in insolvency- and bankruptcy-related litigation. His clients include hedge funds, major mutual funds and investment advisors, companies filing for chapter 11, private equity sponsors and individuals that sponsors have appointed to boards of directors.
- National Liaison Counsel for over 5,000 shareholder defendants (which includes nearly all major institutional investors in the US, and many globally) in the Tribune Companies LBO Litigation, member of the Defense Executive Committee in that litigation (both at the trial level and on appeal), and representing a group including one of the largest defendants in this $8 billion LBO fraudulent conveyance litigation.
- Representing the Indenture Trustee (both at trial and on appeal) for $4 billion of First Lien Notes in the chapter 11 case of Energy Future Intermediate Holdings LLC, the largest active bankruptcy case in Delaware, in extensive bankruptcy litigation over several transactions.
- Lead bankruptcy counsel in the most recent Supreme Court litigation over the constitutional and statutory boundaries of bankruptcy jurisdiction. Counsel on principal amicus curiae brief to Supreme Court in 2014 case regarding intersection of bankruptcy code and employee benefits law.
- Conducted successful litigation over the sale of a multi-national professional services firm in bankruptcy, including appropriateness of resolving liability to partners of the firm via the sale process.
- Represented major Lehman creditors in derivatives litigation.
- Represented a private equity sponsor as a plaintiff in a leading case successfully prosecuting a securities fraud action against a selling bank, including successful appeal to the Second Circuit.
- Extensive experience in contested chapter 11 sale and plan confirmation litigation, including a two-week contested confirmation proceeding including cramdown, feasibility and constitutional issues.
- Represented several of the nation’s largest university endowments in successfully defending a major bankruptcy clawback action.
- Successfully litigated significant test case regarding specialized statutory liens to First Circuit and Massachusetts Supreme Judicial Court.
- Represented the official committee of unsecured creditors of Sabine Oil & Gas Corporation in the Chapter 11 cases, regarding complex legal issues relating to, among other things, an alleged fraudulent conveyance arising from a pre-bankruptcy merger between Forest Oil Corporation and Sabine Oil & Gas LLC.
- Represents the Ad Hoc Committee of First Lien Noteholders of Energy Future Intermediate Holdings LLC, regarding potential transactions in a multi-billion-dollar bankruptcy case.
- Represented the largest creditors of ResCap, a committee of 16 major institutional investors and money managers, settling claims for mortgage-origination-related claims for $8.7 billion.
- Represented ad hoc and official committees of creditors for companies in the auto parts, energy, food, gaming and other industries.
- Represents large creditors of Lehman Brothers.
- Led the first-ever successful going-concern sale in chapter 11 of a large, multinational professional services firm, resolving liabilities to the partners of the firm without litigation.
- Represented a $400 million portfolio company in a prepackaged chapter 11 case that was approved in five weeks.
- Represented $5 billion telecommunications company in chapter 11 case.
- Representing a private equity sponsor in the contested acquisition of a branded consumer products company via a chapter 11 plan of reorganization.
- Represented a bidder in a consortium to purchase Extended Stay hotels via a bankruptcy plan.
- Led a group of hedge funds in a contested rights offering takeover of a public company in chapter 11.