We have comprehensive experience in dealing with telecommunication-related matters under the Bankruptcy Code that includes representing a major telecommunications company in purchasing all of WorldCom’s building access/shared tenant operations out of bankruptcy including, among other matters, negotiation and arbitration of telecommunications claims, purchases and circuit assignments. For a copy of our presentations on the Windstream-Aurelius dispute and subsequent Windstream bankruptcy,  please see Part I and Part II

We represent enterprise, carrier and financial clients, with representative experience including:

• Crafting deal protections against counter-party bankruptcy risk through:
  • Drafting pre-bankruptcy (“early warning”) contract clauses.
  • Preference avoidance and fraudulent conveyance analysis.
  • Use of letters of credit, security agreements and collateral guaranties.
  • Creating bankruptcy remote special purpose entities.
• Sample transactions have included:
  • Structuring a broadband wireless joint venture using a special purpose entity, spectrum leases, and other investment protections.
  • Representation of a major wireless carrier as creditor’s counsel in the Continental Promotions Group, Inc. Chapter 11 filing.
  • Representation of clients in purchase of regulated telecom assets out of bankruptcy.
• Extensive participation in the WorldCom case.
• Advising clients regarding the sale and acquisition of distressed assets, including claims purchases.
• Representation of creditors with respect to executory contracts and creditor rights, resolution of claims, preference actions and other commercial disputes.
• Structuring pre-bankruptcy protections and other creditor rights in telecom debtor bankruptcies.
• Helping clients navigate the complexities of overlapping compliance with Bankruptcy Code obligations and telecommunications regulatory requirements.