David Lawton focuses on the representation of ad hoc noteholder groups, banks, hedge funds, institutional investors, fund managers and other lenders in complex workouts, insolvency proceedings and litigation in the United States and international financial restructurings with particular emphasis on Australian workouts. David works in a variety of sectors; his industry highlights include oil and gas, agribusiness, mining, real estate and tribal gaming.
David has represented noteholder and bondholder groups in U.S. and cross-border restructurings, including Centro Properties (Australia), Elders Limited (Australia), Australian Educational Trust, BlueScope Steel (Australia), Midwest Vanadium (Australia), Mashantucket Pequot Tribal Nation (Foxwoods), and Mohegan Tribal Gaming Authority. He has represented foreign investment banks in U.S. bankruptcies and monoline reorganizations (Lehman Brothers and CIFG), and represents foreign administrators and private equity groups in cross-border insolvencies.
Recent Notable Matters
Agent for the first-lien lender group — Penn Virginia Corporation Chapter 11 bankruptcy case
Second-lien lender — Warren Resources, Inc. Chapter 11 bankruptcy case
Publications and Speeches
"The Thing about Schemes in the Scheme of Things: Recognition of Schemes of Arrangement under Chapter 15 of the U.S. Bankruptcy Code," INSOL International Technical Series, Issue No 38, March 2018.
Panelist for “Energy Bankruptcies – A Conversation with Akin Gump and Bracewell,” Cowen and Company Energy & Natural Resources Conference, New York, December 2016.
“The Applicability of US Intellectual Property Provisions in a Chapter 15 Filing by Canadian Debtors,” INSOL International ENL, September 2016.
“Preparing Associates for the Courtroom,” Connecticut Law Tribune, August 2016.
“Chapter 15 Themes - A Retrospective on Recent U.S. Cross Border Insolvency Decisions,” INSOL International ENL, March 2016.
“The Momentive Decision: Payment of Non-Consenting Chapter 11 Secured Claims Over Time,” ExpertGuides, August 2015.
“Losing Momentive: A Roadmap to Higher Cramdown Interest Rates,” Harvard Business Law Review, June 2015.
“Australian Indemnities from the Perspective of US Noteholders,” INSOL International ENL, June 2015.
“Trading while Insolvent Liability and Forbearance and Restructuring Agreements in Australia,” Financier Worldwide, March 2015.
“Ipso Facto Clauses: Not Always Unenforceable in Bankruptcy,” Strafford, September 2013.
“Cross-Border Insolvency II, A Guide to Recognition and Enforcement (USA),” INSOL International, October 2012.