Los Angeles:
400 South Hope Street
Los Angeles, CA 90071
Phone+1-213-430-6236
Fax+1-213-430-6407

 

Evan M. Jones

Partner


Evan Jones is a partner in O’Melveny’s Los Angeles office and a member of the Restructuring Practice. Evan has broad experience in all facets of reorganization – both in and out of court – having represented bank groups, secured creditors, debtors, unsecured creditor committees, acquirers of distressed assets, and other constituents. He has worked in media, entertainment, real estate, hospitality, retail, manufacturing and other industries.

Evan is experienced in both reorganization related litigation and transactions ranging from large billion dollar national cases to smaller regional ones. In addition to restructuring, Evan is also often involved in structuring deals to avoid or minimize the risks of bankruptcy, in close cooperation with the attorneys in our entertainment, structured finance, corporate, and infrastructure practices.

Evan is active in entertainment matters, representing major and mini-major studios, distribution and production companies, licensees of rights, investors and production companies in bankruptcy and out of court restructurings.

In technology cases, Evan has represented creditors committees, lenders, investors and buyers in numerous sales and workouts of technology-related companies. He writes and lectures extensively on technology and bankruptcy issues.

Evan has extensive experience in real estate restructurings, workouts, and bankruptcies involving timber assets, coal companies, hotels, apartment complexes, office buildings, residential developments, and oil and gas projects. He is also bankruptcy liaison to the Firm’s Environmental group.

Evan is recognized by Chambers and Partners USA as one of the leading insolvency/corporate recovery lawyers in California and was selected by his peers for inclusion in The Best Lawyers in America. Chambers particularly highlights Evan’s “sterling work on behalf of major financial institutions and banks.”

Illustrative Professional Experience

  • Represented a lead lender to Tribune Broadcasting
  • Represented secured creditors in entertainment bankruptcies including RHI and Tee Vee, Inc., recovering collateral through settlement and sales
  • Represented lead investors in restructuring of mini-major film studio.
  • Represented the agent bank for secured lenders in the bankruptcy and sale of Scotia Pacific, Inc ., a large timber company, obtaining a full cash payment of principal and interest
  • Represented lenders recovering over US$325 million (principal and default interest and fees) through restructuring of coal company Horizon Natural Resources, AEI Resources
  • Represented pre-petition and DIP lenders in recovering approximately US$500 million in loans (principal and default interest and fees) by compelling pre-plan sale of multi-dimensional agricultural cooperative in the Chapter 11 of Farmland Industries Inc.
  • Represented the special committee of the Board in consummating the sale of Davis Petroleum on the first day of prepackaged bankruptcy case
  • Represented Gottschalks, Inc. in connection with its recent chapter 11 filing, securing US$125 million of debtor-in-possession financing
  • Represented creditors' committee in bankruptcy of computer manufacturer Trigem Texas, Inc.
  • Represented conduit issuer for LAX bonds in dispute over lease recharacterization in Chapter 11 of Delta Airlines
  • Represented buyer in two-stage acquisition of debtor Pillowtex Corporation's complex in Kannapolis, North Carolina for redevelopment in multi-use community
  • Represented Azabu Buildings Co., Ltd. in restructuring of Hyatt Waikiki hotel
  • Represented secured lender in acquiring Baldwin Piano and Organ Company through pre-plan foreclosure
  • Represented creditors committee in Applied Magnetics Corporation reorganization
  • Represented purchaser of television station from bankruptcy in Urban Broadcasting Chapter 11
  • Represented investor in the large real estate restructuring of Gas Company Tower, confirming client's plan over debtor's competing plan
  • Represented unsecured bank creditors in obtaining full repayment with interest and fees in bankruptcy of Sizzler Restaurants, Inc.
  • Represented the debtor in possession of Phar-Mor, Inc.
  • Represented the secured lenders in DIP financing of Revco, D.S.
  • Represented the largest secured lender in restructuring of Leisure Tech, Inc., a major home builder
  • Represented the secured bank group in the bankruptcy of EPI Products, U.S.A.
  • Represented the secured lender in the restructuring of petroleum plant Collet Ventures, Inc.
  • Successfully represented Sony Pictures Entertainment in the various bankruptcies and litigation regarding "Spiderman", including obtaining the rights to produce and distribute the film
  • Represented distributors, licensees of rights, investors, and production companies in Orion, 21st Century Productions, Carolco, Cannon, and other cases

Professional Activities

Member, Board of Governors, Financial Lawyers Conference, 1992-96; 2001-05
Honors, named a “Super Lawyer” in a survey conducted by Law & Politics Media Inc. and published in Los Angeles magazine; named a "Super Lawyer" by Super Lawyers - Corporate Counsel Edition
Author, "Bankruptcy Court Determines Special Provisions Protecting IP Licenses of Bankrupt Debtors Apply to Foreign Corporation," Alert (November 17, 2011); "Lehman Bankruptcy Judge Prevents Trigger of CDO Subordination Provision Based on Credit Support Provider and Swap Counterparty Bankruptcy Filings," The Banking Law Journal (April 2010); "Bad Bankruptcy Citizen," The Deal (April 2010); "Facing New Realities in Today's Debtor-in-Possession Market," Debtor-in-Possession and Exit Financing: Leading Lawyers on Securing Funding and Analyzing Recent Trends in Bankruptcy Financing (2010); “An Overview of Intellectual Property Licenses and Bankruptcy,” various presentations including The Americas Restructuring and Insolvency Guide 2008/2009 (2008); “M&A of Companies in Insolvency Proceedings in US, UK and Japan”; “China’s Draft Bankruptcy Law,” Asian Counsel, Vol. 3, Issue 1 (02/05)
Speeches, “Bankruptcy Nuts and Bolts-Executory Contracts” Financial Lawyers Conference (06/07/13)“Is Your Collateral A Mirage? Issues in IP Collateral” LACBA (4/28/13); “What’s Termination Got To Do With It? Rejection after Sunbeam” Financial Lawyers Conference (10/4/12); USC Gould School of Law 2011 Real Estate Law and Business Forum (4/2/2011); "DBSD v. DISH: Designation, Gifting, and Standing... Did the Second Circuit Get it Right? (And what are the implications for the loan market?)" LSTA Conference Center (3/9/11); "The Failing Real Estate Project," USC Gould School of Law 2011 Real Estate Law and Business Forum (3/2/11); Bankrupt Licensees and Licensors: Strategies for IP License Enforcement," Strafford Publications Teleconference (10/1/09); "Bankrupt Licensees and Licensors: Strategies for IP License Enforcement on Distressed Vendors: Legal Implications for Business Partners," Strafford Teleconference (5/27/09); "Important Leasing Issues in Today's Economy," presented to USC Law School's 2009 Real Estate Law and Business Forum (3/25/09); Guest Lecturer UCLA Law School, "Debt, Fiduciary Obligation and Theory of the Firm," Law 237 (Corporate Finance) (03/04 and 03/06); Guest Lecturer, Loyola Law School, "Bankruptcy and M&A," (Mergers & Acquisition); Chapter 11," (Transactional Practice Workshop) (11/23/05, 4/11/06)

University of California at Berkeley,  J.D., 1984: Order of the Coif; Editor, California Law Review

Duke University,  A.B., 1981: magna cum laude


California; District of Columbia


Delaware Bankruptcy Court Caps Secured Creditor’s Credit Bid at the Amount it Paid to Acquire that Debt (Finance and Restructuring Alert)

Seventh Circuit Opinion Holds Trademark License Survives Rejection in Bankruptcy, Suggests that Special Statute Protecting Intellectual Property Licenses Unnecessary (Finance and Restructuring Alert)

Bankruptcy Court Determines Special Provisions Protecting IP Licenses of Bankrupt Debtors Apply to Foreign Corporation (Finance and Restructuring Alert)

IP Licenses and Bankruptcy  (chapter in The Americas Restructuring and Insolvency Guide 2008/2009)

Lehman Bankruptcy Court Rules That Safe Harbors for Derivatives Do Not Override Mutuality Requirement for Setoff (Finance and Restructuring Alert)

California Bill Revived to Restrict Municipal Bankruptcies (Finance and Restructuring Alert)

Bankruptcy Rule 2019: An Unsettled Issue That Can Have an Enormous Impact on Chapter 11 Cases and Buyers of Distressed Debt (Finance and Restructuring Alert)

Bankruptcy Court Decision Raises Question on Acquisition of Claims in Order to Acquire Debtor (Finance and Restructuring Alert)

Lehman Bankruptcy Judge Prevents Trigger of CDO Subordination Provision Based on Credit Support Provider and Swap Counterparty Bankruptcy Filings (Finance and Restructuring Alert)

California Decision Defines Scope of Fiduciary Duties Owed by Directors of Insolvent Corporations to Creditors (Finance and Restructuring Alert)

Asian Joint Venture Relations in the Event of U.S. Bankruptcies (Finance and Restructuring Alert)

Recent Bankruptcy Law Changes May Effect Future Real Estate Restructurings (Finance and Restructuring Alert)

General Growth Properties, Inc. Decision Notes Weaknesses of Securitization Special Purpose Entities (Finance and Restructuring Alert)