David H. Botter advises on large, complex restructuring cases, both out of court and in Chapter 11, across a variety of industries. He frequently handles multijurisdictional and cross-border matters for both distressed companies and major creditors, with an emphasis on creditors’ committees and bondholder committees.Chambers USA recognizes David as “a calming presence, cerebral and experienced”. He is particularly respected for his representation of bondholders as part of his broad creditor-side practice. He has experience with matters in the health care, transportation and energy sectors, among others.
David advises a broad range of clients, including:
- Institutional investors
- Hedge funds
- Post-petition lenders
- Acquirors of distressed assets.
- Firm hiring and attorney development partner.
- Focuses on complex corporate restructurings.
- Handles multijurisdictional and cross-border matters.
- Advising FirstEnergy Solutions Corp. (FES) in its $5 billion debt restructuring, which is among the largest and most complex filings of 2018. The Akin Gump team devised a multipronged operational and balance sheet restructuring strategy in an effort to save plants and more than 4,500 jobs. To date, FES has secured big wins over the Federal Energy Regulatory Commission and contract counterparties on rejecting costly power purchase agreements, and has developed a massive public affairs operation aimed at delivering regulatory support for the fleet. It also secured a comprehensive $1 billion plus global settlement less than five months into the Chapter 11 cases, eliminating the threat of years of protracted litigation, and sold its certain noncore assets.
- Advised the Official Committee of Unsecured Creditors of Adeptus Health Inc., one of the largest operators of freestanding emergency rooms in the United States. Despite the contentious, controversial and complex nature of the case, the debtors obtained plan approval less than six months after filing following a two-day trial. Under the plan, and due to the efforts of Akin Gump, the general unsecured creditors achieved substantially better outcomes than they would have recovered in a straight waterfall plan or a liquidation.
- Other seminal matters include Sears Holdings Corporation, Answers Corporation, Hercules Offshore, International Shipholding Corporation, Nortel Networks and Eastman Kodak.
- Member, New York Bar Association.
- Firmwide hiring and attorney development partner.
- Member, firmwide Inclusion Council.
- J.D., Boston University School of Law,cum laude, 1989
- B.A., Syracuse University, 1986
- New York
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