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Eric Winston
Los Angeles Office Tel: 213-443-3000 Fax: 213-443-3100 ericwinston@quinnemanuel.com Practice Areas Bankruptcy and Restructuring Education
University of California, Los Angeles School of Law (J.D., 1998)
University of California, Berkeley (B.A., Political Science, high honors, 1995) |
Biography
Mr. Winston's practice includes all areas of corporate insolvency and reorganization and insolvency-related litigation. He has represented debtors, creditors’ committees, secured lenders, bondholders, hedge funds, and asset acquirers in and out of court. Recent representative cases include Lehman Brothers Holdings, Station Casinos, SemGroup, Fontainebleau Las Vegas, Persik Productions, and SK Foods.
As counsel to Azabu Building's official committee of unsecured creditors, Mr. Winston led ground-breaking equitable subordination and fraudulent transfer litigation against a foreign bank and insiders of the debtor involving hundreds of millions of dollars in claims against the debtor. His representation of significant unsecured creditors of Enron Corporation included leading the "Schedule S" litigation, reported at In re Enron Creditors Recovery Corp., 370 B.R. 64 (Bankr. S.D.N.Y. 2007), aff'd in part, rev'd in part, 380 B.R. 307 (S.D.N.Y. 2008). Mr. Winston’s recent representation of a commercial property owner faced with foreclosure concluded with a successful out-of-court restructuring of a $55 million secured loan that resulted in the property owner retaining full ownership of the real property.
Mr. Winston frequently speaks at panels and conferences around the country and has guest lectured at Loyola and University of Southern California law schools. He has written several law review articles, and has been a member of the State Bar of California Insolvency Law Committee.
Representative Clients
Lehman Brothers Holdings Inc., et al.
SemGroup L.P., et al.
Stations Casinos Inc., et al.
Fontainebleu Las Vegas, et al.
Adelphia Communications Corporation, et al
Azabu Buildings Company, Ltd.
Butler Manufacturing Company
Controlled Power Corporation of Ohio, et al
Enron Corporation, et al.
Eurofresh, Inc., et al.
Hawaiian Airlines, Inc.
Huntsman Corporation, et al.
O'Sullivan Industries
Persik Productions
SK Foods
SuperGuide v. Gemstar Development Notable Representations
In the Azabu Buildings’ chapter 11 case, which involved nearly $8 billion in asserted unsecured claims and parallel bankruptcy proceedings in the United States and Japan, Eric was one of the lead attorneys representing the Official Committee of Unsecured Creditors and the Azabu Liquidating Trust. Eric worked closely with the debtor’s counsel in persuading the Bankruptcy Court to confirm over multiple objections a joint plan of reorganization that resulted in a tax efficient transaction in excess of $410 million. In addition, Eric led the prosecution of several ground-breaking adversary proceedings, all of which were settled favorably before trial. One concerned the assertion against a Japanese bank of claims of equitable subordination and avoidance of fraudulent transfers concerning hundreds of millions of dollars. The defendants agreed to release liens on property valued in excess of $20 million, waiving nearly $200 million in claims, and paying the estate over $10 million cash. Another concerned the estate’s efforts to equitably subordination over $1 billion in claims held by alleged insiders of the debtor; this matter was settled with the defendants agreeing to the disallowance of over 90% of their claims.
Eric represented several hedge funds holding billions of dollars in claims in the Enron bankruptcy; he drafted numerous briefs, including objections to plan confirmation and objections to the settlement with one of the “mega claim” defendants. He appeared in court numerous times, deposed several witnesses in connection with plan confirmation, and led the “Schedule S” intercreditor litigation; Eric’s clients obtained substantial returns as the result of a favorable ruling that eliminated hundreds of millions of dollars in claims that had been incorrectly scheduled as benefiting from contractual subordination. |
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