is a partner in O'Melveny's Los Angeles office and the senior member of our Restructuring Practice. The primary focus of his practice is chapter 11 reorganizations and out-of-court workouts, representing major creditors and business debtors.
Ben is recognized by Chambers and Partners USA
as one of the leading insolvency/corporate recovery lawyers in California, was selected by his peers for inclusion in The Best Lawyers in America
, is listed in the PLC “Which Lawyer Handbook” as a “Highly Recommended” insolvency and restructuring lawyer, and also is listed in the Legal Media Group’s Expert Guides
as a leading insolvency and restructuring lawyer. Chambers
reports that Ben “takes an extremely practical approach” and that he is “highly engaging and communicative, which makes him superb when it comes to highly fraught multiparty situations where building consensus is a must. He can also take on an army of attorneys alone and win.”
Illustrative Professional Experience
- Represents the Ad Hoc Group of Second Lien Lenders (Cerberus and JPMorgan Chase) in the bankruptcy of AMF Bowling and its affiliates.
- Represents Lennar in the bankruptcy cases of Briarwood Capital, LLC and affiliates (a real estate developer).
- Represented the Official Creditors' Committee in the chapter 11 of Philadelphia Newspapers; also represented the Prepetition Ad Hoc Committee of Noteholders.
- Represented Lennar as the largest unsecured creditor and 16% equity holder in the chapter 11 of LandSource (the developer of master planned communities; selected as the winner of the 2010 Chapter 11 Reorganization of the Year in the $1 billion + category in the Global M&A Network's Turnaround Atlas Awards).
- Represented two substantial hedge funds as prepetition secured lenders and DIP lenders in the chapter 11 of Solidus Networks/Pay By Touch (a biometric company).
- Represented New Century Financial Corporation (a subprime mortgage lender and servicer) as debtor in possession in its chapter 11. (This case was the largest chapter 11 filed in 2007 and was selected by the Turnaround Managers Association as one of the 10 most successful restructurings of 2008).
- Represented Canadian Imperial Bank of Commerce as the agent for the senior secured lenders to Protocol Communications (a call center and marketing company) in Protocol's Chapter 11 and prior out-of-court restructurings.
- Represented Tower Records (specialty music and video retailer) as debtor in possession in its second Chapter 11.
- Represented Cerberus as the acquirer of substantially all the assets of the debtors in the Chapter 11 of Sydran Services (the largest group of Burger King franchises in the US).
- Represented the ad hoc Committee of Euro Note holders in the Chapter 11 of Solutia Inc (a diversified chemical manufacturer) and the Belgian Companies Code Article 568 restructuring of Solutia’s European operations.
- Represented Cerberus in the Chapter 11 of Illuminations (a specialty retailer).
- Represented Wherehouse Entertainment (specialty music and video retailer) as debtor in possession in its second Chapter 11.
- Represented Tower Records (specialty music and video retailer) as debtor in possession in its 2004 prepackaged Chapter 11.
- Represented Sun Healthcare (operator of skilled nursing facilities) in its out-of-court restructuring.
- Represented Wachovia Bank as agent to senior bank group in the out-of-court restructuring of KMC Telecommunications (a CLEC).
- Represented Bank of America as agent to senior bank group in the Chapter 11 of Sun Healthcare (operator of skilled nursing facilities).
- Represented the debtors in possession in Delpit (real estate developer).
- Represented Bankers Trust as agent for the senior secured bank group (US$200 million) in the Chapter 11 of Goss Graphic Systems (printing press manufacturer).
- Represented Bankers Trust and Cerberus as successive agents for bank group (US$95 million) in the Chapter 11 of Wherehouse Entertainment (specialty music and video retailer) and counsel to Reorganized Wherehouse.
- Represented the indenture trustee for Senior Notes in the Chapter 11 of Unison HealthCare (operator of skilled nursing facilities).
- Represented Canadian Imperial Bank of Commerce in Chapter 11 of Pegasus Gold (gold mining company).
- Represented the Unsecured Creditors' Committee in the Chapter 11 of Automotive Distributing for the Farwest (specialty retailer).
- Represented a group of major trade creditors in the Chapter 11 of Auto Parts Club (specialty retailer).
- Represented the Irvine Company as largest unsecured creditor and Chair of the Creditors' Committee in the Chapter 11 of Sunworld (agricultural co-op).
- Represented Canadian Imperial Bank of Commerce in the workout and prepackaged bankruptcy of Morrison-Knudsen Corporation (heavy civil construction).
- Represented Wells Fargo Bank as senior creditor and plan sponsor in the Chapter 11 of Cabrillo Crane & Rigging Corp (construction contractor).
- Represented Bankers Trust as agent for senior secured bank group in the Chapter 11 of SCI TV (owner of 6 major market TV stations).
- Represented Bank of America as agent for the senior secured bank group in Chapter 11 of Western Sizzlin'(franchisor of steak restaurants).
- Represented Bank of America as lead bank in Chapter 11 cases for Financial News Network (cable TV network that later became CNBC) and Infotechnology (media company).
- Represented Security Pacific National Bank as agent for bank group in workout and prepackaged Chapter 11 for Republic Health Corporation (hospital chain).
American College of Bankruptcy Committee Member
, Lawyer Representative on the Ninth Circuit Judicial Conference
(term: 2012 - 2016) Honors,
Listed in Best Lawyers in America
consistently since 1995; ranked by Chambers (USA)
consistently since 2003 as a leading insolvency lawyer; “Southern California Super Lawyer”
as selected by Los Angeles Magazine
as a Southern California “Super Lawyer” since the inception of such rankings; Corporate Counsel Edition
as a “Super Lawyer” Member,
Financial Lawyers Conference; Board of Governors, 2009-present; Secretary (2012 - 2013)Author and Speaker,
Frequent speaker and author including recent presentations on derivatives in bankruptcy, fiduciary duties, portfolio company restructurings, prepayment premiums, repurchase agreements, and debt subordination