Weil Grabs Roles on 2 More Retail Bankruptcies
Women's accessories chain Claire's Stores Inc. has filed for bankruptcy in Delaware, the latest Chapter 11 role for a retailer advised by Weil, Gotshal & Manges.
March 19, 2018 at 06:25 PM
4 minute read
Claire's Stores Inc., a mall staple for decades that has pierced the ears of more than 100 million customers worldwide, filed for bankruptcy Monday in Delaware.
The latest casualty in the struggling brick-and-mortar retail market, Claire's noted in its Chapter 11 filing that it had reached an agreement with creditors to restructure $1.9 billion in debt.
Last week, Wayne, New Jersey-based Toys“R”Us Inc. announced that it would close or sell all of its stores following its Chapter 11 bankruptcy filing last year.
For its own Chapter 11 case, Claire's has turned for outside counsel to Weil, Gotshal & Manges and Delaware's Richards, Layton & Finger. The fashion jewelry retailer, which also owns the Icing store chain, lists assets and liabilities of $1 billion to $10 billion in its bankruptcy petition.
Ray Schrock and Matthew Barr, co-chairs of Weil's business finance and restructuring department, are leading a team from the firm representing Claire's that also includes partner Ryan Preston Dahl, who joined the firm in January from Kirkland & Ellis.
Schrock, who was named one of The American Lawyer's top lateral hires of 2014 when he also joined Weil from Kirkland, has represented other struggling clothing and fashion retailers, including teen retailer Aeropostale Inc., which filed for bankruptcy in 2016.
Schrock is also currently advising Tops Markets, a Williamsville, New York-based supermarket chain that filed for bankruptcy late last month in Manhattan, citing falling food prices and increased competition from Amazon.com Inc. Schrock is working on that case with Weil's Sunny Singh, promoted to partner at the firm, almost a decade after he put in long hours on the bankruptcy of now-defunct Lehman Brothers Holdings Inc.
Weil has not yet filed billing statements in the bankruptcies of Tops Markets or Claire's, the latter of which was started in 1961 as wig retailer Fashion Tress Industries. in 1973, Fashion Tress bought Claire's Boutiques, a Chicago-based jewelry store chain for women and teenage girls. Five years later the company began its iconic ear-piercing business.
The bankruptcy filing of Claire's stems from its $3.1 billion leveraged buyout in 2007 by private equity giant Apollo Global Management. That deal, which saw Morgan, Lewis & Bockius and Simpson Thacher & Bartlett take lead advisory roles for Apollo and Claire's, respectively, has left Claire's with a substantial debt load.
Efforts to implement new initiatives to offload some of the retailer's debt have largely been stymied by a distressed retail market and falling mall foot traffic, Claire's said in court filings. The company, now based in the Chicago suburb of Hoffman Estates, Illinois, withdrew plans for an initial public offering in early 2017.
But with financial commitments from a group of creditors, including Apollo, Elliott Management Corp. and Monarch Alternative Capital, as well as its unique positioning in the marketplace thanks to its in-person ear-piercing services, the retailer expects to emerge from Chapter 11 by September 2018, with over $150 million of liquidity, the retailer said in a statement.
“These services establish a unique level of trust with customers (and their families) that cannot be replicated by shopping online,” said Claire's CFO Scott Huckins in his declaration.
Weil has not yet filed billing statements detailing its work for Claire's and Tops Markets. Prime Clerk LLC, a bankruptcy claims administrator started by former Weil bankruptcy partner Shai Waisman, has been appointed as a claims and noticing agent in the Claire's case.
Prime Clerk also picked up a role in February for bankrupt Fieldwood Energy, which is being advised by Weil in Chapter 11 proceedings in Houston. Weil recently disclosed in court filings that Fieldwood had paid it nearly $7.1 million in the 90 days prior to its bankruptcy filing.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllTrending Stories
- 1Judge Grants Special Counsel's Motion, Dismisses Criminal Case Against Trump Without Prejudice
- 2GEICO, Travelers to Pay NY $11.3M for Cybersecurity Breaches
- 3'Professional Misconduct': Maryland Supreme Court Disbars 86-Year-Old Attorney
- 4Capital Markets Partners Expect IPO Resurgence During Trump Administration
- 5Chief Assistant District Attorney and Litigator Shortlisted for Paulding County Judgeship
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250