David Cleary is Chair of the firm's Phoenix Business Reorganization & Financial Restructuring Practice. He focuses his practice on business restructuring and reorganizations, distressed asset dispositions and financings, debt restructurings and workouts, and litigation. David regularly represents distressed companies, financial institutions, secured and significant creditors, noteholders and bondholders, hotel/resort owner/operators, boards of directors, debtors, official and ad hoc committees, and insurance and surety portfolios.
Areas of Concentration
· Corporate reorganization, restructuring and refinancing
· Mergers and acquisitions involving financially distressed entities and/or assets
· Bank lending/financial institutions
· Counsel to boards of directors and management
· Health care
· Tax-exempt restructuring
Professional & Community Involvement
· Master, Arizona Inn of Court
· Member, Board of Directors, YWCA, Maricopa County
· Past Co-Chair, American Bar Association, Litigation Section, Bankruptcy and Insolvency Committee
· Past Chair, Chicago Bar Association, Rules Sub-Committee of the Bankruptcy Committee
· Past Co-Chair, ABI Asset Sales Committee, Successor Liability Subcommittee
· Past Co-Chair, ABI Healthcare Committee, Legislative Subcommittee
Awards & Recognition
· Listed, The Best Lawyers in America, Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law; Litigation - Bankruptcy, 2012-2014
· Member, Winning Team, ACG New York Champion's Awards, Corporate/Strategic Acquisition of the Year (Over $250mm) and Consumer Services categories for Indianapolis Downs, LLC - Sale of Indiana Grand Casino and Indiana Downs Racetrack, 2013
· Team Member, a U.S. News - Best Lawyers®, "Law Firm of the Year" in Bankruptcy and Creditor-Debtor Rights / Insolvency and Reorganization Law and Litigation - Bankruptcy, 2013
· Listed, Super Lawyers magazine, Southwest Super Lawyers, 2011-2013
- Illinois Super Lawyers, 2005-2009
· Listed, Illinois Leading Lawyers
· Rated, AV Preeminent® 5.0 out of 5
· Represented bondholder committee in Conseco Finance bankruptcy case.
· Represented City of Chicago in United Airlines bankruptcy case.
· Represented leading American automotive OEM in its pre-bankruptcy reorganization and corporate restructuring.°
· Represented significant creditors in Kmart bankruptcy cases.
· Represented credit enhancers in ATA, Delta and Northwest Airlines.°
· Represented Richie Risk-Linked Strategies Trading (Ireland) Ltd (Life Settlement) as debtor in its Chapter 11 case.°
· Acted as restructuring and bankruptcy counsel for Mercury Finance Company in its out-of-court restructuring efforts and subsequent Chapter 11 filing involving in excess of $2 billion indebtedness.°
· Represented retiree committee in Florsheim Shoes.
· Counsel to bondholder committee in restructuring and Chapter 11 case involving an energy facility in Alabama.
· Counsel to bondholder committee in Chapter 11 case involving a waste to energy facility in Illinois.°
· Represented indenture trustee of approximately $600 million of senior subordinated notes in National Gypsum Chapter 11 case.°
· Represented major manufacturing company in connection with several acquisitions in and out of bankruptcy cases.
· Represented indenture trustees in defaults and bankruptcy cases.
· Represented bondholders, indenture trustees and credit enhancers in both tax-exempt and taxable issues for energy, health care, airline and municipal-related transactions.
· Provided restructuring and dispute resolution counsel as national coordinating counsel for insurance and surety companies (asbestos, construction and mass tort).
· Represented numerous receivers and other parties-in-interest in ancillary proceedings and credit enforcement engagements.
°The above representations were handled by Mr. Cleary prior to his joining Greenberg Traurig, LLP.
Publications & Presentations
Articles, Lectures & Publications
· Speaker, "Navigating Bankruptcy Options," 2010 IAGA/IAGR International Conference, Washington, D.C., October 9-13, 2010
· David has participated in speaking engagements relating to restructuring and reorganizations for many organizations, including the Chicago Bar Association, Association of Insolvency Accountants, American Bar Association Section of Litigation, The Beard Group and various corporate counsel series.
· Contributing Author, The Chief Restructuring Officer's Guide to Bankruptcy, American Bankruptcy Institute, 1st ed., April 2013
· Co-Author, "Weighing UK Pensions Regulator's Moral Hazard Powers," Law360, August 26, 2011
· Co-Author, "European Sovereign Debt - Why We Should Care," Law360, July 14, 2011
· Co-Author, "When Rights Offerings Go Wrong," Law360, June 14, 2011
· Co-Author, "The Latest in Exit Financing Structures," Law360, May 19, 2011
· Co-Author, "The Courtroom of the Future," Law360, April 13, 2011
· Co-Author, "Where Bankruptcy and Real Estate Collide," Law360, March 16, 2011
· Co-Author, "Uncertainty For Prepackaged Bankruptcies In Mexico," Law360, February 23, 2011
· Co-Author, "Don't Gamble With Your Gaming Case," Law360, January 11, 2011
· Co-Author, "Restructuring Challenges of Tax Exempt Bond Financing," American Bankruptcy Institute Journal, December 2010/January 2011
· Contributing Editor, Bankruptcy: Text Statute, Rules, Ginsberg and Martin, Prentice Hall Law & Business
· Contributing Author, Advanced Chapter 11 Bankruptcy Practice, Aspen Law Publications
(Also at Chicago, Illinois Office)