Mass Tort. The Firm acted as debtor's counsel in the Dow Corning Corporation bankruptcy filed in Michigan. The multi-billion dollar reorganization involved one of the largest mass tort driven Chapter 11 bankruptcies ever filed. Dow Corning was faced with hundreds of thousands of product liability claims arising from the manufacture and sale of medical products involving silicone gel, principally silicone gel breast implants. As debtor's counsel, lawyers from the Firm (and also while at a prior firm) were involved in all aspects of the chapter 11 reorganization. The case resulted in a confirmed plan of reorganization, and the company recently successfully exited bankruptcy with a strong, vibrant business.

Oil & Gas. The Firm has represented a number of corporations in the oil and gas industry, ranging from companies engaged in both domestic and off-shore exploration and production to oil and gas service companies. Over the past ten years, Neligan Foley has assisted management in reorganizations of several publicly traded oil and gas companies focused on exploration and production. As debtor’s counsel, Neligan Foley lawyers successfully negotiated with secured lenders, suppliers, and bond holders over the terms of the plan of reorganization. These companies also faced significant plugging and abandonment liabilities which were resolved in a practical and expeditious manner thereby ensuring the client’s continued viability as it emerged from chapter 11. Likewise, Neligan Foley has also represented successfully several gas marketing companies in their chapter 11 proceedings.

Retail: Clothing. Lawyers from the Firm represented a publicly traded mid-western based retailer of women’s clothing. At the commencement of the bankruptcy proceeding the company operated over 200 stores in the upper Midwest. Neligan Foley assisted management in meeting their business goals by eliminating unprofitable store leases and successfully negotiating a restructuring of the bond debt. A plan of reorganization was confirmed in little more than four months leaving existing shareholders with eighty-seven percent of the equity, while reducing long-term bond debt in return for stock in the reorganized company. The value of the company’s stock within a year of emerging from bankruptcy increased by over one thousand percent from the stock value on the day the company filed for chapter 11.

Retail: Luggage. A nationally known luggage retailer recently turned to the Firm to act as its counsel in a multi-million dollar restructuring which operated over 100 stores prior to filing its chapter 11 reorganization. As a consequence of its confirmed plan of reorganization, the company was able to shed multiple unprofitable locations, negotiate a payment plan with vendors, and provide a revitalized line of credit. The company emerged from its chapter 11 a stronger and leaner organization. The plan, which was supported by the unsecured creditors committee, paid the vendors over a period of four years, leaving the original owners and management in place. Since exiting chapter 11, the company has implemented its business plan and exceeded projections.

Steel. The Firm was retained by a Louisiana-based specialty steel fabricator to restructure its operations and address over $200 million dollars of secured bank debt, bond debt, trade and tort claims. Working closely with the Board of Directors, senior management, and the company’s financial advisors, Neligan Foley lawyers successfully reorganized the company, which emerged from chapter 11 with enhanced liquidity and elimination of unprofitable contracts. By eliminating most of its pre-bankruptcy debt service through the plan of reorganization, the company’s cash flow improved dramatically and the company’s value increased substantially in the year following emergence.

Communications. The Firm represented a publicly traded mobile communications company in its recent multi-million dollar chapter 11 proceeding. As a consequence of the reorganization process, a plan was confirmed, a reorganized debtor emerged, and the company continues to operate. The reorganization was also accomplished in only four months. The company exchanged twenty-five percent (25%) of its stock for elimination of its debt, leaving the public shareholders with seventy-five percent (75%) of a debt free company.

Healthcare. The Firm has successfully represented a variety of health care clients, ranging from a corporation owning hospitals throughout the United States to large physician groups to companies owning numerous nursing homes in several states. In a recent nursing home bankruptcy, the Firm served as co-counsel in representing a company with nursing homes in multiple states. The company’s plan was confirmed with the support of the unsecured creditors. Equally important, the company maintained quality patient care throughout the chapter 11 proceeding.

Financial. A South Dakota-based credit card company hired the Firm to represent it in its chapter 11 process, in spite of the fact that the proceeding was in South Dakota. Through complex negotiations with creditors and potential suitors, a plan was approved which provided creditors with a significant dividend. The case was also the first complex chapter 11 case filed in that district.

Housewares. The Firm has represented numerous unsecured creditor committees over the last ten years. An example of the aggressive, yet practical approach taken by Neligan Foley lawyers can be seen in the reorganization of a manufacturer of fine china and decorative items. The Firm, acting as creditor’s committee counsel, was able to terminate exclusivity and file a plan of reorganization on behalf of creditors. The Bankruptcy Court confirmed the creditors' plan, which provided a cash payout to trade vendors and a conversion of debt to stock for financial creditors. The company emerged from chapter 11 as a viable going-concern and continues to do business with its vendor creditors.

Tort Claims. The Firm represented a tort claimants committee, composed of plaintiffs’ lawyers, in the chapter 11 of a plumbing manufacturer. Tort claims exceeded one billion dollars and the challenge Neligan Foley lawyers and the committee faced was ensuring the chapter 11 debtor provided these tort claimants with a fair distribution to compensate both known and unknown victims. Early in the case, the Firm prevailed on its motion to terminate the debtor’s exclusivity. The Firm, on behalf of the tort victims, fought the debtor’s plan of reorganization while filing its own competing plan of reorganization on behalf of all creditors. Ultimately, a joint plan, supported by the tort claimants committee, the trade vendors and the chapter 11 debtor was confirmed. This plan of reorganization, which provided up to a billion dollars of compensation for tort victims, was endorsed by victims’ and plaintiffs’ counsel active in the bankruptcy case.

Energy. The Firm represented an energy company which served on the Enron unsecured creditors committee. Likewise the Firm represented other oil and gas companies located in the southwest United States in the Enron chapter 11 which was filed in New York.

Game Software. The Firm has represented a major computer game company in a number of significant chapter 11 proceedings including the K-Mart chapter 11 which was filed in Chicago, Illinois and the KB Toys, Inc. chapter 11 proceeding filed in Delaware.

Telecommunications. The Firm was retained by a group of bondholders holding in excess of $600 million in claims against one of the Global Crossing subsidiaries. The Firm's responsibility was to evaluate their treatment under a proposed plan of reorganization, and through both litigation and negotiation the Firm obtained the result sought by this ad hoc group of bondholders.

Transportation. The Firm was recently asked to advise a major corporation in the transportation industry on the development of a strategy for responding to a potential bankruptcy filing by a foreign competitor and to assist in acquisition negotiations for key assets of that competitor.

The Firm routinely represents companies purchasing assets from bankruptcy estates. The Firm recently represented a large mid-western manufacturer in the purchase of various manufacturing facilities and inventory from a chapter 11 debtor located in Texas. The Firm was involved in the entire sale process from assisting in due diligence to the auction and the closing on the sale. The Firm also represented a major lumber supplier in its purchase of inventory and manufacturing facilities in the southwest from a chapter 11 debtor. The Firm also serves as bankruptcy counsel, assisting both outside and in-house corporate counsel, in completing acquisitions either in bankruptcy or in a distressed financial situation.

Energy. The Firm has represented the chapter 11 plan trustee in an oil and gas bankruptcy in which the Firm obtained judgments and settlements resulting in millions of dollars in litigation recoveries.

Nursing Homes. The Firm represented a chapter 7 trustee in a lawsuit against former officers and directors of a defunct nursing home company which resulted in a significant settlement for the bankruptcy estate. The litigation involved not only claims for breach of fiduciary duty but disputed coverage by the D&O insurance carrier.

Telecommunications. The Firm is currently representing the plan trustee in a major chapter 11 proceeding involving over a billion dollars of claims against the chapter 11 debtor’s pre-bankruptcy lenders. The claims range from fraudulent transfers to breach of fiduciary duty.

Technology. The Chapter 7 Trustee for a technology company asked the Firm to represent her and to evaluate and prosecute key litigation against former officers and directors. The Firm's efforts resulted in a successful settlement of the claims such that significant priority and tax claims were paid in full and a dividend made to unsecured creditors.

In a multi-national proceeding involving hundreds of millions in claims and parallel proceedings in the United States, the Cayman Islands and the United Kingdom, the Firm represented the Cayman and United Kingdom receivers as well as the bankruptcy trustee in the United States. These cases required a substantial commitment of time and resources over many years and resulted in over $200 million dollars in recoveries for the various receiverships and bankruptcy estate.

Neligan Foley has also represented SEC Receivers over the last ten years. The hardnosed, aggressive, yet practical approach taken by Neligan Foley lawyers makes the Firm a top choice for clients needing expertise with receiverships, liquidations and corporate restructurings.

Neligan Foley lawyers bring together the highest level of bankruptcy knowledge and expertise with significant jury trial experience. As a result, Neligan Foley has become one of a handful of law firms regularly brought in to handle bankruptcy related litigation. Neligan Foley has been hired by plan trustees and creditor trusts to prosecute litigation ranging from complex preference actions being tried by a bankruptcy judge to litigation involving claims of fraud and tortious conduct being tried before a state court or federal court jury. In selected cases, Neligan Foley represents clients on a contingent fee or partial contingent fee agreement. Recent litigation representations include:

Officer and Director Litigation. The Firm has successfully handled a number of lawsuits against officers and directors of failed companies for breach of fiduciary duty and malfeasance. In connection with D&O litigation, the Firm has successfully resolved disputes over the scope of insurance coverage, which is often critical to a successful recovery.

Fraud/Legal Malpractice. The Firm was involved in various litigation matters involving malpractice and breach of fiduciary duty claims against outside professionals involved in a fraudulent investment scam. The Firm’s efforts have resulted in tens of millions of dollars being recovered for the investors.

Avoidance Actions. The Firm was asked to handle a number of litigation matters on behalf of a company in the energy field, ultimately recovering over $10 million for an otherwise administratively insolvent estate.

Lender Liability/Fraudulent Transfer. The Firm has represented plan trustees and creditors trusts in litigation filed against national banks and brokerage houses. The litigation, generally filed in the state courts, generally seeks damages on behalf of the bankruptcy estate in the hundreds of millions of dollars as a result of tortious conduct by these financial institutions.