Concentration

Bankruptcy reorganization and corporate restructuring

Summary

Tony Davis focuses on bankruptcy reorganizations, workouts, debtor-creditor disputes and commercial law. He represents secured creditors, debtors in possession, trustees, committee members, directors, shareholders and asset purchasers in complex chapter 11 proceedings. In addition, he has worked on several brokerage firm liquidation cases.

Mr. Davis has substantial experience with the real estate, environmental and insurance issues that arise in bankruptcy cases, and he frequently provides advice to boards in restructuring and workout situations. Most recently, Mr. Davis led the effort to resolve the environmental liabilities of ASARCO LLC, which was described by the United States Department of Justice as the most complex environmental bankruptcy case in history.

Representative Engagements

Representation of the debtor or a significant creditor in the following cases:

• ASARCO LLC－counsel in the chapter 11 case of this integrated copper mining, smelting and refining company
• Ralph S. Janvey－representation of court appointed receiver in $8 billion fraud case brought by the Securities and Exchange Commission against Stanford International Bank, Ltd., et al.
• SeraCare Life Sciences, Inc.－representation of bidder in connection with auction by publicly held debtor for convertible debt financing
• Gazpromneft－counsel on a multibillion-dollar bankruptcy filing by Yukos Oil Company
• Halliburton Company－counsel for Halliburton in the proposed prepackaged bankruptcies of its Dresser and Kellogg Brown & Root subsidiaries, and creation of section 524(g)/105 trusts to address asbestos and silica liabilities
• Imperial Sugar Company－counsel for debtor in a prenegotiated bankruptcy in Delaware
• McDermott International－counsel for parent in asbestos-related chapter 11 cases of its wholly owned subsidiary, Babcock & Wilcox
• DynCorp－counsel for parent in the prepackaged asbestos-related reorganization of subsidiary Fuller-Austin Insulation Co.
• Insilco－reorganization of diversified manufactures of specialty component and consumer products, including settlement of $9 billion in environmental claims

Publications, Speeches and Presentations

Publications

• "No Derivative Standing for Creditors of Insolvent LLCs," Bankruptcy Law360, December 2, 2010 (Dustin Appel, co-author)
• "ASARCO: The Estimation of Environmental Claims," Bankruptcy Law360, January 28, 2009 (Mary M. Gregory, Lori A. Kujawski, co-authors)
• "Buyers Beware When Buying Assets From Troubled Companies," Houston Business Journal, May 6-12, 2005 (Jeremy C. Ouchley, co-author)
• "Fiduciary Duties of Directors," Texas Bar Journal, January 2004 (Mary M. Gregory, co-author)
• "How to Prepare For and Survive a Producer's Bankruptcy Filing: What You Don't Know Can Hurt You," Rocky Mountain Mineral Law Institute, Vol. 44, 1998 (Mary M. Gregory, co-author)

Speeches and Presentations

• "Issues Arising with Insolvent Affiliates," HBA Corporate Counsel Section, January 2012
• "Insolvent Subsidiaries: Containing the Contagion," HBA Bankruptcy Section, January 2012
• Program Chair & Moderator, "Protecting a Parent from its Insolvent Subsidiary," ABA Business Law Section Spring Meeting, Boston, April 2011
• "Environmental Claims in Bankruptcy: Estate Property Issues," Southern District of Texas Bankruptcy Bench-Bar Conference, Corpus Christi, August 18-21, 2010
• "Restructuring Environmental Claims in Bankruptcy After Chrysler and General Motors: Estimation Procedure and Liability," ABA Business Law Section Spring Meeting 2010, Denver, April 2010
• "Restructuring Middle Market Businesses," Professional Education Broadcast Network Teleseminar, March 2010
• "Ethics in Bankruptcy," Professional Education Broadcast Network Teleseminar, February 2010
• "Estimating and Discharging Environmental Claims: Lessons from Asarco," HBA Bankruptcy Section, February 2010
• "Environmental Issues in Bankruptcy: Lessons from In re: ASARCO," BNA Webinar, November 2009
• "Environmental Claims in Bankruptcy: Reconciling the Conflict," 26th Annual Jay L. Westbrook Bankruptcy Conference, The University of Texas School of Law, Austin, November 2007
• Moderator, 24th Annual Advanced Business Bankruptcy Course, State Bar of Texas, Austin and Dallas, May and July 2006
• Panelist, The Yukos Bankruptcy, International Women's Insolvency and Restructuring Confederation Conference, San Antonio, November 2005
• "Insurance Issues in Bankruptcy," American Bar Association, Business Bankruptcy Committee, Mass Tort and Environmental Claims Subcommittee, Nashville, October 2004
• "Bankruptcy Appellate Issues," 20th Annual Farm, Ranch and Agri-Business Bankruptcy Institute, Texas Tech University School of Law, Lubbock, September 2004 (with Mary M. Gregory)