Shawn R. Fox Partner

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Shawn focuses his practice on bankruptcy and financial restructuring matters, including representing corporate debtors, creditors, committees, shareholders, asset acquirers, and other parties in interest in out-of-court workouts and Chapter 11 cases in bankruptcy courts throughout the United States.

Shawn frequently represents sponsors in transactions involving distressed acquisitions, sales and winddowns, regularly advising clients through complex situations and solvency-related risks. He also has vast experience in all aspects of debt enforcement through Article 9 of the Uniform Commercial Code and other creditor’s rights laws, including under the New York Civil Practice Law and Rules.

Prior to joining McGuireWoods, Shawn clerked for the Honorable Robert E. Gerber of the U.S. Bankruptcy Court for the Southern District of New York.

Experience

  • Representation of one of the world’s largest producers of comfort cushioning products in its out-of-court acquisition of a leading e-commerce and direct to consumer mattress and sleep product company following months of negotiations for the restructuring of the second lien loan.
  • Representation of a major diversified financial institution as administrative in In re Zachry Holdings Inc. $1 billion credit facility (S.D. Tex.).
  • Representation of numerous broker-dealer clients in short selling allegations in In re Sorrento Therapeutics, Inc. (S.D. Tex.).
  • Representation of financial institutions in Ponzi scheme litigation and fraudulent transfer claims.
  • Representation of a major diversified financial institution as the sole bondholder in the bankruptcy case of a leading regional hospital.
  • Representation of various clients regarding failures of FDIC-insured institutions.
  • Representation of various clients in distressed commercial real estate workouts, transactions and lawsuits.
  • Representation of secured creditor in In re Corsicana Bedding, LLC (N.D. Tex.).
  • Representation of various financial institutions in third-party discovery matters.
  • Representation of independent directors in breach of fiduciary duty, unlawful dividend, and fraudulent transfer litigation in In re Orion Healthcorp, Inc. (E.D.N.Y.).
  • Representation of Arena Investors, LP as secured creditor in various in and out-of-court enforcement actions and restructurings, including Article 9 foreclosures.
  • Representation of various business development corporations in restructurings and Article 9 sales (both public and private) regarding their borrowers.
  • Representation of a Canadian-chartered bank as creditor, derivative counterparty, and adversary defendant in Lehman Bros. bankruptcy and SIPA cases, Lehman Bros. International (Europe) insolvency, Rothstein Rosenfeldt Adler, P.A. bankruptcy case, Banyon Funds bankruptcy cases, Enron Corporation Chapter 11 case, and Kaupthing Bank insolvency (Iceland).
  • Served as national counsel for a leading financial institution as custodian in connection with judgment enforcement actions and receivership actions.
  • Representation of Workflow Management, Inc. as Chapter 11 debtor in In re WF Capital Holdings Inc.
  • Representation of Greenbrier Hotel Corporation as Chapter 11 debtor.
  • Representation of plan administrator in In re ASARCO LLC Chapter 11 cases (S.D. Tex.).
  • Representation of commodity customers with substantial claims in MF Global Inc. SIPA proceeding. MF Global Holdings Ltd Chapter 11 case, and MF Global UK Limited insolvency special administration.
  • Representation of Qimonda North America Corp. and Qimonda Richmond, LLC as special litigation counsel in Chapter 11 cases.
  • Counsel to unsecured creditors committee in U.S. Energy Biogas Corp. Chapter 11 cases.
  • Representation of majority equity holder in Heartland Automotive Services, Inc. Chapter 11 case.
  • Representation of bank as administrative and collateral agent in out-of-court workout of $175 million of debt of major dairy corporation.
  • Representation of financially distressed American Fiber Resources in its $200 million sale to Canadian strategic buyer SFK Pulp.
  • Representation of Vernon Downs Acquisition LLC in its successful acquisition of Mid-State Raceway through a competing Chapter 11 plan.
  • Representation of Halcyon as debtor’s largest shareholder in successful Chapter 11 plan litigation and negotiation in the multibillion-dollar solvent debtor case of NextWave.
  • Representation of a member of the official committee of equity holders in the Chapter 11 case of Anaconda, a financially distressed hedge fund manager.
  • Representation of several multibillion-dollar hedge funds in evaluating investments in financially distressed companies.
  • Representation of several privately held companies in financial distress in out-of-court acquisitions or recapitalizations across various industries, including healthcare, manufacturing, and telecommunications.