Dennis F. Dunne

Partner

Contact
F +1-212-822-5770

New York

28 Liberty Street

New York, NY US 10005-1413

T +1-212-530-5770

F +1-212-822-5770

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 textiles.

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, and has been elected as Conferee to the National Bankruptcy Conference (NBC), a non-partisan organization of approximately sixty leading bankruptcy lawyers, law professors and judges selected to advise Congress on bankruptcy law and policy. 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 also a co-author of an article in Practical Law’s global guide titled “Restructuring and insolvency in the United States: Overview.” He is a frequent speaker at conferences sponsored by the American Bankruptcy Institute and the National Conference of Bankruptcy Judges.

Mr. Dunne has garnered praise from clients who describe him as “perhaps the leading practitioner in the field – he is very creative and gets great results, and does so efficiently, which is what clients like to see.” Clients have described him as  a “[s]uperb practitioner,” “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 Advisor, IFLR 1000, and Turnaround & Workouts Top Restructuring Lawyers of 2008, 2011 and 2014.

Representative Engagements

Select Company Counsel Representations. Boart Longyear, Inc.; PA Outer Harbor, Inc.; Icicle Seafoods; 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.; Vitro S.A.B. de C.V.; HomePlace Stores; Sun TV and Appliances, Inc.

Select Official Committee Representations. TK Holdings, Inc.; Alpha Natural Resources, Inc.; 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. Energy XXI (counsel to second lien lenders); 21st Century Oncology (counsel to bank group); Gymboree Corp. (counsel to agent for first lien lenders); Quicksilver Resources, Inc. (counsel to ad hoc group of second lien lenders); Midstates Petroleum Co. (counsel to ad hoc group of second and third lien creditors); Pacific Drilling (counsel to first lien agent); Verso Corp. (counsel to second lien lenders); Molycorp (counsel to secured lenders); Genco Shipping & Trading Ltd. (counsel to secured creditors); New Page Corp.,(counsel to first lien lenders); Cengage Learning, Inc. (counsel to first lien lenders); Magnetation LLC (counsel to ad hoc committee of noteholders and DIP lenders); Texas Competitive Electric Holdings Company LLC (counsel to DIP agent); 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); Petrozuata Corp. (counsel to agent for 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); 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. National Resource Partners; Gulfmark Offshore; Ultra Resources; Affinion Group Inc.; Nortel Networks, Inc.; Tronox, Inc.; GEO Homebuilding; Black Elk Energy LLC; Prisa, SA; American Color Graphics; Newark Group; Advanstart 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 acquirer of chapter 11 debtor); Sylvania Lighting, Inc. (counsel to acquirors of chapter 11 debtor); Magellan Healthcare (counsel to standby equity purchaser).

Select International Restructurings. Ambac (counsel in municipal debt restructuring of Puerto Rico); Tidewater, Inc. (counsel to agent on Troms facility); 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 multinational 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 US, Canadian, and UK bankruptcy proceedings); Fruit of the Loom, Ltd. (counsel to Cayman Islands company in bankruptcy proceedings in the Caymans and US) Sino-Forest Corp. (counsel to foreign representative in chapter 15).

Select Oil & Gas and Energy Restructurings. Energy XXI (counsel to second lien group); Ultra Resources (counsel to group of revolver lenders and privately placed noteholders); Gulfmark Offshore (counsel to noteholders); National Resource Partners (counsel to group of noteholders); Samson Resources Corp. (counsel to sponsors); Midstates Petroleum Company, Inc. (counsel to bondholders); Quicksilver Resources Inc. (counsel to second lien debtholders); Endeavour Operating Corp. (counsel to first lien lenders); Southern Pacific Resource Corp. (counsel to second lien lenders); Alpha Natural Resources (counsel to ad hoc group of unsecured noteholders); Exco Resources (counsel to ad hoc committee of debtholders); Vantage Drilling (counsel to ad hoc group of secured creditors); Preferred Sands (potential restructuring); San Antonio Oil & Gas (debtor); Breitburn Energy Partners (potential restructuring); TXU Energy (prepetition agent/DIP lender).

Additional Details
Education
  • New York University School of Law, J.D.
  • Williams College, B.A.
Admissions
  • New York
  • US District Court for the Southern District of New York
  • US Court of Appeals for the Second Circuit