Experience
All businesses face financial and operational challenges – either their own challenges or those of a customer or supplier. For over two decades, David has advised clients on corporate insolvency, creditor rights, business reorganization, bankruptcy litigation, receiverships, and related transactions. David provides creative and impactful business solutions to these transactional and supply-chain concerns.
David is originally from Lexington, Massachusetts and is a long-time resident of Olmsted Falls Ohio where his wife, Holly, was raised and where she now serves on the local school board. David has two daughters and is a proud and active member of the west-side Cleveland Jewish community.
Representative Matters
- Represents shopping and living centers in the majority of all national and regional retail Chapter 11 cases.
- Represents a major regional co-packer in its financial and operational restructuring.
- Represented purchaser of Lucky’s supermarket through a Delaware Chapter 11 363 virtual auction. Coordinated a consortium of national buyers in their submission of multiple bids in a successful effort to overcome an insider group’s strategy to limit the submission of competitive bids.
- Represented a purchaser of a General Motors dealership through a Chapter 11 363 Sale. This was the first virtual acquisition of a dealership in General Motors’ history.
- Represented a Committee Member regarding committee matters in the Chapter 11 case – In re FirstEnergy Solutions Corp. – the largest Chapter 11 case pending in the Northern District of Ohio.
- Representation resulted in a $12,000,000 settlement on behalf of a class of large and medium sized commercial consumers of electricity that were charged a surcharge relating to the 2014 Polar Vortex.
- Represents a steel manufacturer in its wind-up of business operations – resulting in a substantial composition with its creditor base.
- Coordinated the operational and financial restructuring of a $30 million revenue multi-state fracking service provider. Negotiated forbearance agreements with various leasing companies and lenders, ultimately resulting in a refinancing of the company’s debt.
- Represents national staffing resource company in national and regional Chapter 11 cases and debt enforcement.
- Represents a national transportation company in the wind-down of its corporate affairs.
- Advises various Ohio middle-market manufacturing companies, a regional automotive dealership and a plastics recycler on corporate and transactional matters.
- Represents community impact and SBA lender on community impact loans and loan enforcement.
- Represented court-appointed receivers in Northern Ohio.
- Provides intervention services for private equity funds regarding troubled assets and distressed asset purchases.
Civic and Professional Involvement
- St. Petersburg Subcommittee of the Overseas Connections Committee, Member
- Jewish Education Center of Cleveland (JECC), Board of Trustees
- @Akiva Advisory Board, Member
- Director’s Advisory Committee for the Cleveland Public Theater, Charter Member
- American Bankruptcy Institute, Member
- Turnaround Management Association, Member
- Cleveland Metropolitan Bar Association, Member
Accomplishments
- Ohio Super Lawyers, 2022 – 2024
- 2020 Edition, The Best Lawyers in America©, Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law
Additional Language
- Conversational Russian, fluent
Bar Admissions
- Ohio
- Massachusetts
Education
- Tufts University (B.A., cum laude, 1990)
- Case Western Reserve University School of Law (J.D., 1997)