A distinguished restructuring practitioner, author and speaker, Dennis Dunne is a partner in the New York office of Milbank, Tweed, Hadley & McCloy and a member of the firm’s Global Executive Committee. He is a Practice Group Leader of the firm’s Financial Restructuring Group.
Primary Focus & Experience
Mr. Dunne has extensive experience in representing debtors and creditors in reorganization cases and out-of-court workouts, acquirors of financially distressed companies, providers of financing, and board of directors of public and private companies. Mr. Dunne plays a leadership role in these matters, frequently as counsel to companies or official and unofficial committees representing key creditor constituencies, such as bondholders, agents for lender syndicates, and large debt or equity holders. He also regularly represents private equity funds, hedge funds and other financial institutions acquiring control positions in financially distressed companies, both in and out of court. In addition, Mr. Dunne assists prospective providers of debtor-in-possession financing in structuring, structures and documents exchange and tender offers, and regularly advises boards of directors of public companies on corporate governance and fiduciary duty matters in the restructuring context. In all such matters, he draws upon his broad experience across several disciplines to craft practical solutions and build the consensus required to implement those solutions. Mr. Dunne also has unparalleled courtroom experience and clients seek him out for his in-court advocacy skills. His engagements have ranged across a wide array of industries, including automotive, airline, apparel, cable and broadcasting, chemical, construction, gaming, healthcare, housing, infrastructure, manufacturing, pharmaceutical, energy, retail, shipping, telecommunications, and textile.
Industry Recognition, Accomplishments & Client Testimonials
Mr. Dunne is a Fellow and currently the Second Circuit Regent in the American College of Bankruptcy, and he frequently speaks on restructuring and related topics at conferences around the country. He is a Fellow in the International Insolvency Institute. He is a co-author of Collier on Bankruptcy, the preeminent treatise in bankruptcy law, and he recently co-authored a chapter entitled "Evaluating strategic debt buybacks: How to pursue effective de-leveraging strategies" in Navigating Today's Environment: The Directors' and Officers' Guide to Restructuring. He is a frequent speaker at conferences sponsored by the American Bankruptcy Institute and the National Conference of Bankruptcy Judges.
Clients have described him as “quite simply a great lawyer - he’s intelligent, practical and a pleasure to work with.” He is “in a word – fabulous.” “His knowledge and insight allow him to control the table.” According to clients, “he is extremely knowledgeable, creative, and responsive,” and “can see around corners and provide great advice” “He is commercially minded and gives the practical business perspective.” (Chambers). Clients have also recognized him for his "extensive legal knowledge, and an exceptional ability to recall detail." (The Legal 500). He is currently listed in Chambers Global, Chambers USA (Band One), The World’s Leading Lawyers for Business, Lawdragon 500, The Best Lawyers in America, The K&A Register of the Leading Bankruptcy and Financial Restructuring Lawyers and Financial Advisors and Turnaround & Workouts Top Restructuring Lawyers of 2008, 2009 and 2011.
Select Company Counsel Representations. Vitro S.A.B. de C.V.; Virgin America, Inc.; Fruit of the Loom, Ltd.; Intermet Corp., RA Holdings, Inc., Fortress Homes, Inc.; MacGregor Golf Company; Outback Steak House, Inc.; Nuron Biotech, Inc.; Atari Inc.; Dairy Mart Convenience Stores, Inc.; Halite Energy, Inc.; Continental Global; BTI Telecom Inc.; Ashanti Goldfields; AM Cosmetics, Inc.; Diveo Broadband Networks; Industrias Unidas, S.A. de C.V.; HomePlace Stores; Sun TV and Appliances, Inc.
Select Official Creditors’ Committee Representations. Lehman Brothers Holding, Inc.; Eastman Kodak Company; Arcapita Bank; Great Atlantic and Pacific Tea Company, Inc.; Fleming Companies; Winn-Dixie Stores, Inc.; Enron Corp.; Charys Holding Company; VICORP Restaurants, Inc.; RCN Corporation; Rhythms NetConnections Inc.; Pliant Systems, Inc.; Hvide Marine Inc.; TBS International, Limited; ICO Global; World Access, Inc.
Select Lender Representations. New Page Corp.,(counsel to first lien lenders); Cengage Learning, Inc. (counsel to first lien lenders); Texas Competitive Electric Holdings Company LLC (counsel for agent for first lien lenders); Overseas Shipholding Group (counsel to lenders); Carrix, Inc. (counsel to agent for first lien lenders); Bosque Power Company LLC (counsel to first lien lenders); Transeastern LLC (counsel to first lien secured lenders); Journal Register (counsel to agent for secured lenders); HomeBanc Corp., (counsel to secured lenders and DIP lenders); Adelphia Communications Corp.(counsel to agent for secured lenders); Telogy, Inc. (counsel to secured lenders); Petrozuata Corp.(counsel to agent for secured lenders); OCA Inc. (counsel to secured lenders); Communications Corporation of America, Inc. (counsel to secured lenders); Ampex Inc. (counsel to secured lenders); Herbst Gaming Inc. (represent agent to secured lenders); Northwest Airlines Corp. (counsel to ad hoc committee of secured noteholders); Cybergenics Corp. (counsel to secured lenders); Polymer Group Inc. (counsel to agent for secured lenders in pre-arranged restructuring); Westlake Chemicals Inc. (counsel to agent for secured lenders); InterGen Corp. (counsel to agents for secured lenders in out-of-court restructuring); New Edge Networks (counsel to secured lenders in out-of-court workout); Anthony Crane (counsel to second lien lenders); Boston Gen Corp. (counsel to second lien lenders).
Select Ad Hoc Unsecured Noteholder Representations. Nortel Networks, Inc.; Tronox, Inc.; GEO Homebuilding; Black Elk Energy LLC; Prisa, SA; American Color Graphics; Newark Group; Advanstar; Foster Wheeler Ltd.; Wolverine Tube Inc.; Calpine Corporation; Eagle Foods; Midway Games; Anvil Holdings, Inc.; Delta Air Lines, Inc.; SuCasita ; aai Pharma Inc.; Applied Extrusion Technologies, Inc.; US Airways; Primus Telecommunications; Mpower Communications; NCS Healthcare; HealthSouth.
Select Acquiror and Other Representations. Jackson Hewitt Corp (counsel to acquiror); Madoff Liquidation (counsel to feeder fund); C&S Wholesale Grocers, Inc. (counsel to acquirer of chapter 11 debtor The Grand Union Company); Waste Systems, Inc. (counsel to acquiror of chapter 11 debtor); Sylvania Lighting, Inc. (counsel to acquirors of chapter 11 debtor); Magellan Healthcare (counsel to standby equity purchaser).
Select International Restructurings. Vitro SAB - Vitro Packaging de Mexico, S.A. de C.V. (counsel to company in cross-border restructuring and in chapter 15 case); IUSA (counsel to company in cross-border restructuring and in chapter 11 cases of subsidiaries); Lehman Brothers Holding, Inc. (counsel to official committee in multi-national bankruptcy); GEO Homebuilding (counsel to ad hoc committee of Noteholders in Mexican restructuring); Prisa Corp. (counsel to ad hoc committee of noteholders in out-of-court restructuring of Spanish company); SuCasita Corp. (counsel to ad hoc committee of noteholders in out-of-court restructuring of Mexican company); Arcapita Bank (counsel to creditors committee in restructuring of Bahrain private equity firm); Nortel Networks, Inc. (counsel to ad hoc committee of bondholders in U.S., Canadian, and UK bankruptcy proceedings); Fruit of the Loom, Ltd. (counsel to Cayman Islands company in bankruptcy proceedings in the Caymans and U.S.) Sino-Forest Corp. (counsel to foreign representative in chapter 15).