Dennis F. Dunne

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 also co-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, including exchange and tender offers, as well as acquirors of financially distressed companies. His engagements have ranged across a wide array of industries, including automotive, airline, apparel, cable and broadcasting, chemical, construction, gambling, healthcare, housing development, manufacturing, pharmaceutical, project finance, retail, shipping, telecommunications, and textile. Mr. Dunne has played a leadership role in these matters, frequently as counsel to the company or official and unofficial committees representing key creditor constituencies, such as bondholders, agents for lender syndicates, and large debt or equity holders. He has also regularly represented 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 has assisted prospective providers of high risk and debtor-in-possession financing in structuring, documenting and obtaining approval for such loans and regularly advised boards of directors of public companies on corporate governance and fiduciary duty matters in the restructuring context. In all such matters, he has drawn upon his broad experience across several disciplines to craft practical solutions and build the consensus required to implement these solutions.

Recent Representations

Select Company Counsel Representations.  Greystone Financial (counsel to company in out-of-court restructuring); Vitro S.A.B. de C.V. (counsel to company in out-of-court restructuring); Virgin America (counsel to company in out-of-court restructuring); Fortress Homes, Inc. (counsel to company in out-of-court restructuring); MacGregor Golf Company (counsel to company in out-of-court restructuring); Atari Inc. (counsel to the company in an out-of-court restructuring) ; Dairy Mart Convenience Stores, Inc. (counsel to chapter 11 debtor); Continental Global (counsel to issuer in out-of-court restructuring); BTI Telecom Inc. (counsel to company in out-of-court restructuring); Ashanti Goldfields (counsel to company in pre-arranged restructuring); AM Cosmetics, Inc. (counsel to issuer in out-of-court restructuring); Diveo Broadband Networks (counsel to company in out-of-court workout); HomePlace Stores (counsel to chapter 11 debtor); Sun TV and Appliances, Inc. (counsel to chapter 11 debtor); Fruit of the Loom (counsel to chapter 11 debtor).

Select Official Committee Representations. Lehman Brothers (counsel to official creditors committee); Fleming Companies (counsel to official creditors’ committee); Winn-Dixie Stores, Inc. (counsel to official creditors’ committee); Intermet Corp. (counsel to official creditors’ committee); Charys Holding Company (counsel to official creditors’ committee); Vicorp. (counsel to official creditors’ committee); RCN Corporation (counsel to official creditors’ committee); Rhythms NetConnections Inc. (counsel to official creditors’ committee in pre-arranged restructuring); Pliant Systems, Inc. (counsel to official creditors’ committee); Hvide Marine Inc. (counsel to official creditors' committee in pre-arranged restructuring); TBS International, Limited (counsel to official creditors' committee in pre-arranged restructuring); ICO Global (counsel to official creditors’ committee); World Access, Inc. (counsel to official creditors’ committee).

Select Secured Lender Representations. Transeastern LLC (counsel to agent for secured lenders); Journal Register (counsel to agent for secured lenders); HomeBanc (counsel to secured lenders and DIP lenders); Security Capital Assurance (counsel to agent for secured lenders); Adelphia Communications (counsel to agent for secured lenders); Westwood One (counsel to agent for secured lenders); Telogy, Inc. (counsel to secured lenders); Journal Register (counsel to agent for secured lenders); Petrozuata (counsel to agent for secured lenders); OCA Inc. (counsel to secured lenders); Communications Corporation of America (counsel to secured lenders); Ampex Inc. (counsel to secured lenders); Herbst Gaming (represent agent to secured lenders); BLB/Twin Rivers (represent secured lenders); Cybergenics (counsel to secured lenders); Polymer Group Inc. (counsel to agent for secured lenders in pre-arranged restructuring); Westlake Chemicals (counsel to agent for secured lenders); InterGen (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); Edison Mission (counsel to agents for secured lenders).

Select Acquiror and Other Representations. Waste Systems, Inc. (counsel to acquiror of chapter 11 debtor); Sylvania Lighting (counsel to acquirors of chapter 11 debtor); Broadwing Communications (counsel in out-of-court restructuring); Magellan Healthcare (counsel to standby equity purchaser); C&S Wholesale Grocers, Inc. (counsel to acquiror of chapter 11 debtor The Grand Union Company).

Select Ad Hoc Committee Representations. American Color Graphics (counsel to noteholder committee); Newark Group (counsel to ad hoc committee of noteholders); Charys Holding (counsel to ad hoc committee of convertible noteholders); Wolverine Tube Inc. (counsel to ad hoc committee of noteholders); Calpine Corporation (counsel to convertible noteholders); Eagle Foods (counsel to ad hoc committee of noteholders); Midway Games (counsel to ad hoc committee of bondholders); Anvil Holdings, Inc. (counsel to ad hoc committee of noteholders); Delta Air Lines, Inc. (counsel to ad hoc committee of noteholders); Northwest Airlines Corp. (counsel to ad hoc committee of secured noteholders); Anthony Crane (counsel to ad hoc committee of second lien lenders); Foster Wheeler Ltd. (counsel to ad hoc committee of noteholders); RCN Corporation (counsel to ad hoc committee of noteholders; aai Pharma Inc. (counsel to ad hoc committee of noteholders); Applied Extrusion Technologies, Inc. (counsel to ad hoc committee of secured bondholders); Ormet Mills (counsel to ad hoc committee of bondholders in out-of-court restructuring); US Airways (counsel to ad hoc committee of trust certificate holders); Primus Telecommunications (counsel to ad hoc committee of noteholders); Mpower Communications (counsel to ad hoc committee of noteholders in pre-arranged restructuring); NCS Healthcare (counsel to ad hoc committee of noteholders); HealthSouth (counsel to ad hoc committee of certain noteholders); Geo Specialties (counsel to ad hoc committee of noteholders).

Recognition & Accomplishments

Mr. Dunne is a Fellow in the American College of Bankruptcy, and he frequently speaks on restructuring and related topics at conferences around the country. He is 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.

Mr. Dunne is one of the leading bankruptcy and restructuring lawyers in the nation. He is currently listed in the K&A Register of the Leading Bankruptcy and Financial Restructuring Lawyers and Financial Advisors in the United States, as well as in Chambers Global, Chambers USA, The World’s Leading Lawyers for Business, Lawdragon 500, The Best Lawyers in America, and Turnaround & Workouts Top Restructuring Lawyers of 2008 and 2009. Clients have described him as “quite simply a great lawyer - he’s intelligent, practical and a pleasure to work with” who is “in a word – fabulous.” “He knows when to get involved and when to step back,” “is extremely knowledgeable, creative, and responsive,” and “can see around corners and provide great advice” (Chambers). Clients have also recognized him for his "extensive legal knowledge, and an exceptional ability to recall detail" (The Legal 500). Both Turnaround & Workouts and Global Insolvency and Restructuring Review have ranked Mr. Dunne as one of the top restructuring professionals under 40 from 2001 to 2004.