David Griffiths is a partner in the Business Finance & Restructuring Department of Weil’s New York office. On the company side, Mr. Griffiths regularly represents large and medium-size businesses in strategic planning, restructuring, and chapter 11 proceedings, most recently acting for Westinghouse Electric Company.
On the creditor side, Mr. Griffiths has significant experience representing hedge funds in all areas of domestic and international restructurings. Mr. Griffiths is experienced in crisis management, corporate governance, financings, acquisitions involving distressed situations, and corporate and capital markets transactions.
Mr. Griffiths was previously seconded to KKR Credit and embedded as a desk lawyer supporting the global Special Situations team, where he covered existing portfolio investments within the Special Situations Funds, and supported new investments focused primarily on capital structure or broader market dislocation, specifically rescue financing/recapitalizations, distressed for control trades, and secondary distressed and opportunistic investments.
As company counsel, Mr. Griffiths has been actively involved in the restructurings of Westinghouse Electric Company, Golfsmith, CHC Helicopters, MBIA, MF Global, General Motors/Motors Liquidation Company and Uno Restaurants.
On the creditor side, Mr. Griffiths represented:
- The ad hoc group of noteholders of Violin Memory, Inc. (including Soros Fund Management, Jefferies, Phoenix Asset Management, Nokota Management and Silverback Asset Management) in connection with the company’s strategic planning and subsequent chapter 11 proceedings.
- An ad hoc group of unsecured noteholders in SandRidge Energy, Inc. in connection with the company’s strategic planning and subsequent chapter 11 proceedings (including Fir Tree Partners, Solus Alternative Asset Management, Paulson & Co., and Akanthos Capital Management).
- The ad hoc group of opco noteholders of Seventy Seven Energy, Inc. (BlueMountain Capital Management, Axar Capital and Mudrick Capital) in their acquisition of the company through a plan of reorganization.
- An ad hoc group of noteholders in connection with indenture defaults of Valeant Pharmaceuticals.
Mr. Griffiths has also been actively involved in out-of-court restructurings of distressed businesses, including representing:
- The steering committee of term loan lenders to Things Remembered, Inc. in their acquisition of the company through an out-of-court debt-to-equity conversion.
- Berkshire Partners and portfolio company Engineering Solutions & Products in the out-of-court restructuring of this defense company.
Mr. Griffiths regularly represents buyers of assets in chapter 11 proceedings, including representing:
- Soros Fund Management in the bankruptcy auction for and subsequent acquisition through a plan of reorganization of Violin Memory, Inc.
- Brookfield Asset Management in its successful bid for Revel casino through the company’s chapter 11 auction.
Mr. Griffiths also represents first lien lenders in distressed scenarios, including representing TerraMar Capital and Trive Capital as senior lenders to Fansteel, Inc. in the company’s chapter 11 proceedings.
On the capital markets side, Mr. Griffiths assisted Synchrony Financial (GE Capital’s North American retail finance business), one of the premier consumer financial services companies in the United States and the largest provider of private label credit cards in the United States based on purchase volume and receivables, in its approximately $2.95 billion initial public offering, and related $3.6 billion debt offering.
Mr. Griffiths also spends a significant amount of time on pro bono and charitable activities. Most recently, Mr. Griffiths worked in Haiti under the auspices of the Organization of American States on a disability rights project financed by USAID, training Haitian government ministers, civil servants, and judges on the implementation of the UN Convention on the Rights of Persons with Disabilities.
Mr. Griffiths is also the founder and trustee of international adventure charity Go Help, which runs long-distance expeditions such as the Mongolia Charity Rally, Roof of the World Charity Rally, and MesoAmerica Charity Rally.
Mr. Griffiths also advised the UN World Food Programme on the world’s first humanitarian weather derivative transaction, and previously worked for the United Nations International Criminal Tribunal for Rwanda in Arusha, Tanzania.
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