G. David Dean is a member of both the Bankruptcy & Corporate Restructuring and Litigation Departments, resident in the firm’s Wilmington, Delaware office. David focuses in the areas of complex Chapter 11 bankruptcy restructuring and litigation primarily in the Delaware Bankruptcy Court.
David regularly serves as lead counsel to debtors, official committees of unsecured creditors, and other major parties in Chapter 11 bankruptcy cases. David has also been appointed by the Office of the U.S. Trustee to serve as a Chapter 11 trustee. In these roles, David utilizes a unique combination of substantive bankruptcy knowledge and, when appropriate, superior litigation and trial skills allowing him to lead any type of bankruptcy matter with the utmost efficiency and effectiveness. He also works successfully with financially troubled clients to avoid bankruptcy or litigation before it arises. He has represented clients in a variety of industries including technology, manufacturing, real estate, retail, health care, advertising, events and entertainment. David also works as Delaware co-counsel on behalf of clients in a variety of cases.
Representative debtor representations include: (i) Videology, Inc., one of the leading advertising technology companies in the world; (ii) Ritz Camera, formerly the largest camera and imaging retail business in the country: (iii) Owens Corning, one of the largest bankruptcy cases ever filed at the time, involving complex asbestos claims; (iv) Fedders Corporation, the largest U.S. manufacturer of room air conditioners; (v) Gemcraft Homes, one of the largest independent homebuilders in the Mid-Atlantic; and (vi) City Homes, Inc., a large non-profit provider of low-income affordable housing, in a reorganization case involving the resolution of lead-paint claims.
Representative creditors’ committee representations include: (i) iPic-Gold Class Entertainment, LLC, a luxury movie theatre chain; (ii) RAIT Funding, LLC (Delaware counsel), a large real estate investment trust; (iii) Bayou Steel (Delaware co-counsel), a steel manufacturer; (iv) The Merit Group, Inc., which at the time of the filing of its Chapter 11 case was the leading paint sundries distribution company in the United States; (v) WISP Ski Resorts, a ski and entertainment resort; (vi) Game Trading Technologies, Inc., a video game distributor; (vii) Technology Services, Inc., a technology government contractor and (viii) Dominion Paving & Sealing, Inc., a full-service paving and sealing firm.
Representative bankruptcy litigation representations include: (i) Lynn Tilton and Patriarch Funds (Delaware co-counsel) in various litigation matters; (ii) technology companies SNMP Research, Inc. and SNMP Research International, Inc. in litigation against Nortel Networks and Avaya, Inc., in claims for copyright infringement, trade secret misappropriation and breach of contract; (iii) trial counsel for foreign representative in the Qimonda A.G. bankruptcy case, involving the application of comity and choice of law relating to technology license agreements; (iv) counsel for plan trustee in complex fraudulent transfer and breach of fiduciary duty case against former directors and seller of business involving leveraged buyout; (iv) counsel to largest group of defendants in F-Squared bankruptcy cases, in defense of adversary proceedings asserting fraudulent transfers and other claims; and (iv) representation of petitioning creditors in hotly contested involuntary bankruptcy actions.
In addition to bankruptcy litigation, David has also handled litigation matters in the Delaware Chancery Court and other courts. David’s Delaware Chancery Court experience includes: (i) defense of an appraisal action involving a truss manufacturer; (ii) defense of a breach of fiduciary duty class action claim involving two-part merger of borrower; (iii) representation of members of board of directors in bylaw challenge in Delaware Chancery Court; (iv) representation of company in suit involving claims for breach of shareholder agreement and implied covenants.
At Cole Schotz, David plays an integral role in managing the Bankruptcy & Corporate Restructuring practice by serving as Co-Deputy Chair. David takes pride in mentoring associates and junior partners in the firm and is heavily involved in the firm’s mentoring program. He is also an active member of the American Bankruptcy Institute, where he is a member of the advisory board for the organization’s yearly Mid-Atlantic conference.
David gives back to the community through his pro bono representations in which he assists individuals in navigating through difficult legal matters on a pro se basis. His representations have included assisting a client in Delaware Family Court with a substantial litigation regarding a guardianship, as well as helping clients file for Chapter 7 bankruptcy.
David has been recognized for his work by Chambers USA and Best Lawyers in America. He was previously named a rising star by Super Lawyers and was named in M&A Advisor’s “40 Under 40 Legal Advisors.” See Award Methodology.
As published in: Law360 November 8, 2019
As published in: Law360 November 7, 2019
As published in: Law360 October 31, 2019
As published in: Law360 October 28, 2019
As published in: Law360 September 17, 2019
American Bankruptcy Institute May 2019G. David Dean and Katherine M. Devanney
June 2, 2016Norman L. Pernick and G. David Dean
American Bankruptcy Institute October 2014G. David Dean
American Bankruptcy Institute August 2012G. David Dean
American Bankruptcy Institute This article was selected for inclusion in ABI's newest book, Best of ABI 2011: The Year in Business Bankruptcy. June 2010G. David Dean and Norman L. Pernick
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