With the firm since 1992, Dion is a partner in the firm’s Restructuring and Insolvency Department and focuses his practice on insolvency law and financial restructuring (including related litigation and cross-border insolvencies), bankruptcy, out-of-court workouts, distressed asset acquisitions, recapitalizations, and commercial litigation. He has a national practice and has handled significant matters in bankruptcy courts and other courts in numerous states, including California, Delaware, Florida, Illinois, Maryland, New York, North Carolina, Texas, Virginia, and West Virginia. He has significant experience in particular in the Eastern District of Virginia, the Southern District of New York, the District of Delaware, and the Southern District of Texas – the four most active districts for complex chapter 11 cases.
Dion has represented debtors, official and unofficial committees of creditors or equity holders, private equity sponsors, senior lenders and administrative agents, Section 363 purchasers, post-confirmation plan administrators, liquidating trustees, and bondholders, in significant chapter 11 cases throughout the United States. He has also represented federal and state court receivers (including SEC receivers), and other court-appointed fiduciaries. He has represented clients with respect to derivative terminations in insolvency cases and the litigation of, and delivery of opinions relating to, the “safe harbor” provisions of the Bankruptcy Code relating to derivatives. He has also represented litigation targets in large Ponzi scheme cases and significant avoidance and breach of fiduciary duty litigation. He has advised boards of directors and board committees on fiduciary duty issues and other matters presented in special situations confronted by their companies. He has led recent restructuring engagements in the following industries - energy, oil & gas, coal and metals mining, semiconductor, print media, health care, and hospitality. Dion has also represented defendants in putative class actions relating to alleged bankruptcy discharge and stay violation issues, including in the student loan industry.
As noted in Chambers USA, "Dion Hayes has a national bankruptcy practice. He is experienced in insolvencies, restructurings, workouts and distressed sales for all bankruptcy parties. He is held in high esteem by clients and peers for his work, with one source stating: 'He very effectively balances a commercial mindset with a keen understanding of legal risk to help us craft our strategies. He is also very effective in the courtroom as an advocate.' " Others commended Dion as “a strong advocate for his clients,” “experienced, smart, respectful, and very creative,” and “well versed at handling a full suite of restructuring and insolvency matters in bankruptcy and other federal courts.” Chambers further provides that Dion “has a calm and deliberate manner about him. He is able to offer rational and sound advice and draws upon a great deal of experience.” Dion is “a highly respected member of the bankruptcy bar.”
From 2017-2022, Dion served as the firm’s Deputy Managing Partner for Litigation, overseeing and managing the firm’s nine litigation departments and roughly 500 litigators in the US and the UK. In that role, he served in the senior management of the firm and played a significant role in all aspects of the firm’s litigation practices, including lateral partner recruiting and the pricing of client engagements. He was qualified by a federal court as an expert in major law firm hourly rates and pricing and has testified as an expert in a fee dispute for a major law firm. He remains actively involved in the firm’s growth efforts and serves on the firm’s Lateral Partner Integration Committee.
From 2012-2017, Dion served as the Chair of the firm’s Restructuring and Insolvency Department. Dion has been honored as a Fellow in the American College of Bankruptcy and has taught bankruptcy since 2021 as an adjunct professor at William & Mary Law School.
DIP and First Lien Lenders in Gymboree Corporation (E.D. Va.)
DIP and First Lien Lenders in Patriot Coal II (E.D. Va.) and Alpha Natural Resources (E.D. Va.)
Canadian-chartered bank as creditor, derivative counterparty, and/or adversary defendant in Lehman Bros. Chapter 11 cases (S.D. N.Y.), Lehman Bros. International (Europe) insolvency (UK), Enron Corporation Chapter 11 case (S.D. N.Y.), Adelphia Communications Corporation Chapter 11 case (S.D. N.Y.), Kaupthing Bank insolvency (Iceland), and Rothstein Rosenfeldt Adler, P.A. (S.D. Fla.).
Wintergreen Partners, Inc. in distress merger with affiliate of James C. Justice Companies, Inc.
Commodity customers with substantial claims in MF Global Inc. SIPA proceeding (S.D. N.Y), MF Global Holdings Ltd. Chapter 11 case (S.D. N.Y.), and MF Global UK Limited insolvency special administration (UK).
Plan Administrator in ASARCO LLC Chapter 11 case (S.D. Tex.).
Special Counsel for Qimonda North America Corp. and Qimonda Richmond, LLC in Chapter 11 cases (D. Del.) and in Qimonda A.G. Chapter 15 case (E.D. Va.).
Greenbrier Hotel Corporation as Chapter 11 debtor (E.D. Va.).
S&K Famous Brands, Inc. as Chapter 11 debtor (E.D. Va.).
LandAmerica Financial Group, Inc. as Chapter 11 debtor (E.D. Va.).
Circuit City Stores, Inc. as Chapter 11 debtor (E.D. Va.).
AMF Bowling Worldwide, Inc. as Chapter 11 debtor (in 2001 and 2012) (E.D. Va.).
Majority equity holder in Heartland Automotive Services, Inc. Chapter 11 case (N.D. Texas).
Best Products as Chapter 11 debtor (E.D. Va.).
Heilig-Meyers Company as Chapter 11 debtor (E.D. Va.).
Unsecured creditors committee in U.S. Energy Biogas Corp. Chapter 11 case (S.D. N.Y.).
Unsecured creditors committee in Schwinn Bicycle Company Chapter 11 case (N.D. Ill.).
Unsecured creditors committee in Fasmart Convenience Stores Chapter 11 case (E.D. Va.).
Joint Liquidators for Bermuda reinsurance company as petitioners in Section 304 ancillary proceeding (E.D. Va.).
Post-confirmation Liquidating Trustee in The Austin Company Chapter 11 case (N.D. Ohio).
Section 363 acquirer of fossil fuel power plants in USGen New England, Inc. Chapter 11 case (D. Md.).
Section 363 acquirer in Environmental Elements Corporation Chapter 11 case (D. Md.).
Several out-of-court acquisitions or recapitalizations of privately held companies in financial distress in various industries, including health care, manufacturing, and marketing services.
Fellow, American College of Bankruptcy
Member, Irish Legal 100
Member, American Bankruptcy Institute
Member, Section of Bankruptcy, Virginia State Bar
Member, New York State Bar Association
Member; Past Chair, Section of Bankruptcy, Richmond Bar Association
Board of Editors, The Bankruptcy Strategist, Law Journal Newsletters
Associate Editor, American Bankruptcy Institute Journal
Selected for inclusion in America's Leading Lawyers for Business, Bankruptcy/Restructuring (Band 1), Virginia, Chambers USA, 2016-2023
Named to "Virginia Super Lawyers," Bankruptcy & Creditor/Debtor Rights, Banking, Business Litigation, Super Lawyers, Thomson Reuters, 2007-2023
Named to "Legal Elite," Bankruptcy Law, 2007-2020; Bankruptcy/Creditors' Rights, 2021, 2022, Virginia Business
Named to "Leaders in the Law," Virginia Lawyers Weekly, 2022
Selected for inclusion in The Best Lawyers in America, Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, 2006-2023; Litigation - Bankruptcy, 2017-2023, Woodward/White, Inc.
Selected for inclusion in The Lawdragon 500 Leading U.S. Bankruptcy & Restructuring Lawyers, 2020, 2022
Selected for inclusion in the “Irish Legal 100” list of the United States’ most distinguished Irish-American legal professionals, 2020
Fellow, American Bar Foundation, 2020
Inducted into the American College of Bankruptcy Class 30, 2019
Named "Lawyer of the Year," Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, 2020; Litigation - Bankruptcy, 2018, The Best Lawyers in America.