Greenberg Traurig Attorneys Got Families Safe From Hurricane Before Creating New Reorganization Plan
Most Effective Lawyers: Bankruptcy — A bankruptcy reorganization financing flop required a new equity and exit financing package for Miami's Optima Specialty Steel — while Hurricane Irma was floating around.
December 10, 2018 at 05:00 AM
3 minute read
Paul J. Keenan Jr. and John R. Dodd
Greenberg Traurig
Greenberg Traurig shareholder Paul Keenan and of counsel John Dodd encountered unforeseen challenges — from financing to weather — representing Optima Specialty Steel and subsidiaries in their Chapter 11 bankruptcy cases in Delaware.
Miami-based Optima was a leading national manufacturer of specialty steel products with annual revenue of $600 million and more than 900 employees at seven factories in five states.
With the company's scope and more than 1,000 creditors, the case was considered one of the largest bankruptcies in 2017 for a Florida-based company. At risk were a substantial number of jobs and investments in an important industry.
Optima had $172 million in secured notes, $88 million in unsecured notes and $30 million in trade debt for aggregate debt of $290 million. The attorneys created a restructuring plan for the company in a process that was highly contentious among shareholders, the creditor's committee and noteholders who wanted to convert their debt to equity and take over the company.
Greenberg Traurig prevailed in preventing a takeover of the company's Chapter 11 case. The attorneys obtained court approval of a restructuring plan in June 2017 calling for an existing shareholder to make a $200 million equity contribution and $130 million in exit debt financing from GSO Blackstone.
But over Labor Day weekend, the attorneys learned the shareholder wouldn't be able to close on the $200 million segment.
“We had to act fast because the company's liquidity was running low,” Keenan remembers. “We had just spent the last six months negotiating a plan with the shareholder, and now we had to negotiate a new plan with the noteholders in just a few weeks.”
Then Hurricane Irma formed, becoming a Category 5 storm at sea and threatening South Florida.
“I put my family in the hotel connected to our Miami office building and worked through the hurricane at our office,” Keenan said. “John evacuated to Vero Beach and worked through the storm from there. We pulled in help from our New York office.”
By the time a much weaker Hurricane Irma blew through South Florida, the attorneys had negotiated a new reorganization plan that would convert unsecured notes to $87.5 million in equity and provide for $240 million in exit financing.
The plan was approved by the court in October 2017, changing Optima into Specialty Steel Works. The jobs were saved, and creditors were paid 100 cents on the dollar including interest.
“It is very gratifying to see a result like this after months of litigation and negotiations,” Keenan said. “It is well worth the effort when we see a company's value and jobs preserved and successfully emerge from bankruptcy.”
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 AllInternational Investment and Dispute Resolution in the Wake of Mexico’s Dramatic Judicial Reform
5 minute readRevenue Sharing Enhances the Benefits of Community Development Districts to Developers and Local Governments
7 minute readTrending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
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