Editorial: Insolvency and Restructuring in Texas

01 May 2007

Fulbright & Jaworski LLP is the leading firm in this chapter, which features five of its lawyers. Evelyn Biery heads the firm’s bankruptcy, reorganisation and creditors’ rights department and is an “absolutely superb lawyer”. Former chair of the board of directors of the American College of Bankruptcy, she was particularly praised by our sources for her courtroom skills: “she is a very tough opponent,” said one. In the last year she served as counsel for the official committee of unsecured creditors of copper mining, smelting and refining company Asarco, one of the largest bankruptcy cases in the US, and has also been involved in the Calpine, Mirant and Enron cases. John Barrett was described as “the dean of international bankruptcy work”. He was the US State Department treaty negotiator to the UNCITRAL project on cross-border insolvency, and chaired the ABA’s business bankruptcy committee for five years. Now of counsel to the firm, he remains “well known both at home and abroad”. Toby Gerber is “one of the leading authorities in the US on airline bankruptcies”, and has acted in all US air carrier insolvencies, as well as in several foreign jurisdictions and on behalf of the International Air Transport Association in Geneva. Berry Spears is a “rising star” in this area, said to be “highly skilled and very trustworthy”. Spears stood out for his work for energy industry clients, and served as Texas bankruptcy counsel in the successful Chapter 11 reorganisation of the only Texasbased electric utility to file for bankruptcy protection. Louis Strubeck has a “national reputation”, primarily on the creditor side, and was recognised for his work on signifi- cant cases involving Enron, WorldCom and Mirant Corporation.

Haynes and Boone LLP earns four nominations in this chapter. Robin Phelan is a “really tremendous lawyer”, described as “the cream of the crop” by one source. He recently worked as co-counsel for the debtor in the Mirant case, and also represented the agent for the largest bank syndicate in the Adelphia case, which had over $22 billion in claims. Robert Albergotti is “one of the finest lawyers you will ever run across”, a “really tremendous practitioner”. He recently represented the creditors’ committee in National Benevolent Association, one of the largest not-for-profit Chapter 11 cases and he acted for Bank of America as administrative agent for a $2.65 billion credit facility in the WorldCom bankruptcy. Charles Beckham is “clearly at the top of the list”. In the past year he represented the agent for the bank group in the Chapter 11 of Magnolia Energy LLC in Delaware, and is currently representing Americas Mining Corporation in the Chapter 11 of Asarco in Texas. John Penn is nationally recognised for his presidency of the American Bankruptcy Institute, and was also involved in the Linc.net case in Miami, and the Scotia Pacific/Pacific Lumber cases in Corpus Christi and Mirant cases in Fort Worth, Texas. 

The trio of lawyers from Munsch Hardt Kopf & Harr PC includes the “thoroughly impressive” Ben Floyd in Houston. One of the International Bar Association’s delegates to the United Nations Commission on International Trade Law working group on insolvency law, Floyd is also an adviser to the State Department on international insolvency projects. Russell Munsch was described as a “top-flight practitioner”, and is known for his work on notable cases including Enron and Northwest Airlines, as well as acting as bankruptcy counsel to Nelson Bunker Hunt in what is considered the largest personal bankruptcy proceeding in history, which involved over $2 billion in disputed creditor claims. Joseph Wielebinski is based in Dallas, and is “very clued up”, according to our sources. He recently represented a subsidiary of General Dynamics, in a Chapter 11 bankruptcy of a prime supplier located in Texas, and was also locally recognised as past president of the bankruptcy and commercial law section of the Dallas Bar Association. 

Interviewees had “great admiration” for Daniel Stewart at Vinson & Elkins LLP in Dallas: “I’ve never had anything but good experiences with him,” said one of our sources. In recent years he has been involved in Integrated Electrical Services, VarTec Telecom and Daisytek International. Josiah Daniel was described as “classy” and an “excellent negotiator”, while James Lee was fêted for his litigation skills. He was recently involved in the Vartec case, which he tried to a successful conclusion, and he also handled all discovery and court appearances in the IES case. In addition, his work on behalf of MTGLQ Investors was singled out. 

Weil Gotshal & Manges LLP is another firm with three nominees on our list. Martin Sosland was one of the principal partners involved in the firm’s representation of Enron and its affiliates, and is known to be “extremely bright”. He also led the firm’s representation of US ONE Communications, Heartland Wireless Communications, Verado Holdings and Hedstrom Corporation in their Chapter 11 cases, and was described as “outstanding: smart and practical”. Alfredo Perez heads the business finance and restructuring department in Houston. A “formidable lawyer”, he has played a significant role in many major national bankruptcies involving companies headquartered throughout the south-west, including Kitty Hawk, Pioneer Chemicals, Continental Airlines and TransAmerican Natural Gas. Our sources “think extremely highly of ” Stephen Youngman. His work on behalf of acquirers in the Chapter 11 context was noted, and he worked for American Airlines in its acquisition of substantially all of the assets of Trans World Airlines and PennCorp Financial Group in its acquisition of Southwestern Life Insurance Company from ICH Corporation. 

Jack Kinzie chairs the bankruptcy and insolvency practice of Baker Botts LLP worldwide. Described as “profoundly talented”, he also recently acted as counsel in the Asarco case, counsel for Gazpromneft on a multibillion-dollar bankruptcy filing by Yukos Oil, and as counsel for Halliburton in the proposed pre-packaged bankruptcies of its Dresser and Kellogg Brown & Root subsidiaries. Also in Dallas, Judith Ross is a “pre-eminent figure in this field”. She recently represented the acquirer of the assets of Vartec, a communications company, as well as Verizon in a multimillion-dollar claim against Adelphia. 

King & Spalding LLP puts itself on the map courtesy of the lateral hire of Myron Sheinfeld from Akin Gump Strauss Hauer & Feld LLP. A Fellow and former vice president of the American College of Bankruptcy, Sheinfeld is now senior counsel at the firm and “remains a nationally renowned player in this field”. His erstwhile partner Charles Gibbs at Akin Gump was described as a “fine lawyer” and “extremely dependable”. In the past year he has been involved in the firm’s engagement as counsel to the official unsecured creditors’ committee in Calpine Corp, as well being involved in the Chapter 11 proceedings involving SatMex, Mirant and Complete Resorts. 

Hugh Ray at Andrews Kurth LLP is “one of the best-known bankruptcy lawyers in Texas”, and heads the firm’s national practice in this area. Former chair of the ABA business law section’s business bankruptcy committee, he has represented the trustee for the Bank of New England Corporation, as well as the debtor in Friede Goldman Halter and in Physicians Resource Group, and the unsecured creditors’ committee of Flagstar Corporation (Denny’s) and Encompass Services. Bracewell & Giuliani LLP’s Henry Kaim is “as good as anyone in the state”, according to one source. Head of the firm’s financial restructuring and bankruptcy section and Fellow of the American College of Bankruptcy, he is known for his work on both the debtor and creditor side, and also teaches Chapter 11 at the University of Houston Law Center. 

Deborah Williamson at Cox Smith Matthews Incorporated in San Antonio is former chair and president of the American Bankruptcy Institute, and “undoubtedly belongs on a list of the best in the state”. She was commended for her debtor and creditor work, as well as for acting as buyer’s counsel in the successful acquisition of the assets of a commuter aircraft manufacturer. Richard Roberson of Gardere Wynne Sewell LLP was picked out for his bankruptcy litigation skills in particular – “his courtroom presence blows you away” – while at Greenberg Traurig LLP Clifton Jessup is “absolutely top tier” for creditors’ rights, business reorganisation and bankruptcy matters. He was appointed examiner in the Megafoods Stores case in 1996, as well as in the Tri-Union Development Corporation case in Houston. 

John Higgins at Porter & Hedges LLP was commended as a “fantastic litigator”, and his debtor and creditor work was also highlighted to researchers. The firm recently filed a Chapter 11 case for Scotia Pacific Company, and he was also debtor’s counsel in the Chapter 11 cases of Philip Services Corporation, Continental Air Lines and General Homes Corporation, among others. Rhett Campbell is “the star at Thompson & Knight LLP”. Described as “practically unmatched for oil and gas related work”, he represented the official unsecured creditors committees in In re Cygnus Oil & Gas Corp and In re Reichmann Petroleum Corp and has also worked for Chevron in recent times – “his excellent reputation is well deserved.”

It is not possible to buy entry into Who's Who Legal

terms and conditionscontact us