Melanie Fitzgerald offers legal counsel on high yield trading matters to financial institutions. Melanie provided counsel on the purchase, sale and trading of loans, securities and other interests in domestic and international companies in, near, or emerging from financial distress.
Melanie advises clients throughout the life of the financial asset, from primary asset origination through pre-trade diligence, confirmation negotiation, trading and settlement, through restructuring (whether through bankruptcy or private transactions) or maturity.
Areas of substantive counsel include due diligence, internal compliance, regulatory, bankruptcy, and corporate and securities, with an emphasis on public side/private side, confidential information flow issues and Securities Act registration exemption analysis.
Melanie also serves as both hiring partner and administrative partner for the Charlotte office.
- Representation of commercial banks, investment banks, broker-dealers, and European and domestic hedge funds on thousands of purchases and sales of domestic and international distressed/high-yield and par debt using LSTA and LMA documentation as well as swap termination and trade claims arising from insolvency proceedings and restructuring transactions.
- Served as in-house counsel and attorney on broker-dealer trading desk overseeing closing process for distressed/high-yield asset trades and supervising regulatory compliance.
- Representation of financial institutions in connection with purchase and sales of trade claims and bank debt of international shipping company in insolvency proceedings.
- Representation of broker-dealer in market making purchases and sales of stapled debt and equity of energy entities operating fossil power plants and gas-fired generation plants as well as related FERC compliance and filings.
- Representation of hedge funds and investment funds in purchase of distressed/high-yield debt in aggregate amounts totaling over $650,000,000 syndicated facilities of automotive parts maker and subsequent creditor bid in bankruptcy auction.
- Representation of broker-dealer in market making purchases and sales of debt and equity in aggregate amounts totaling over $400,000,00 of power company through restructuring and sale of the power company.
- Representation of financial institutions in connection with purchase and sale of debt and equity interests in gaming casinos and advisement on various gaming law requirements and in connection with negotiation and amendment of stockholders agreement and related regulatory compliance.
- Representation of broker-dealer in purchases and sales of debt of media company as well as related FCC filings.
- Representation of hedge fund in connection with purchase and sale of private placement securities and advisement on Securities Act exemptions.
- Representation of broker-dealer in connection with sale of residual proceeds of bankruptcy distributions of global energy company.
- Representation broker-dealer in connection with BWIC transactions and FDIC auctions.
- Representation of commercial bank for portfolio diligence and loan purchases in the aggregate amount of $250,000,000 comprised of more than 100 debtors.
- Representation of European-based trading desk in connection with domestic trading transactions.
- Representation of hedge fund in connection with liquidation of loan assets.
- Representation of hedge fund creditor in connection with F-1 securities filing and trading of bankruptcy proceeds of real estate investment firm.
- Representation of clients in connection with confidentiality negotiations and contracts.
- JD, University of South Carolina School of Law, magna cum laude, Articles Editor, South Carolina Law Review, 2002
- BA, Political Science, University of Tennessee, 1999
- North Carolina
- Member, North Carolina Bar AssociationMember, Loan Syndications and Trading Association, Inc.
- Member, LSTA Trade Practices and Forms Committee
Rate : $$$$