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US Financial Crisis and the downturn 2009

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Firm
Award level
Innovation
Originality
Rationale
Impact
Total
Description
Simpson Thacher & BartlettStandoutTroubled Asset Relief Programme86923Worked with the US government to design and implement the key intervention to restore liquidity into the financial system. The firm negotiated with the largest institutions in the country to ensure the success of the $700bn (€478bn)programme
Davis Polk & WardwellStandoutAIG rescue77822The government requested that the firm switch clients when a private rescue of AIG fell through. Having shifted from representing JPMorgan Chase to the New York Federal Reserve, 10 hours later the firm had helped to design and execute the largest single credit financing ever
Davis Polk & WardwellStandoutAdvising Freddie Mac on US government rescue77822Responsible for the initial bailout completed in a single weekend, the firm resolved many novel legal issues including insurance arrangements and pre-existing delegations of authority, under pressure of completing before the Asian markets opened on Monday morning
Jones DayStandoutChrysler bankruptcy and sale to Fiat77822The firm was instrumental in developing the plan and in getting a judge to agree to the accelerated bankruptcy sales (“363”) strategy, The approach was used as a model for the sale of General Motors
Sullivan & CromwellStandoutMUFG's investment in Morgan Stanley77822Developing a structure that could stabilise Morgan Stanley while negotiating global regulatory hurdles, the firm ensured confidence in the US banking system
Shearman & SterlingHighly commendedICE Trust US: the first clearing house for credit default swaps77721A new mutualisation of risk enabling the continued survival of the CDS structure while reassuring investors. Skillful political negotiating by the firm meant this clearing house succeeded where two prior attempts had failed
Weil, Gotshal & MangesHighly commendedLehman Brothers: speeding up bankruptcy sales (“363s”)67821The firm accelerated cumbersome court procedures, enabling Lehman’s US investment banking business to be sold to Barclays before assets could depreciate. It set a new standard for “363s”, followed in GM and Chrysler sales
Cadwalader, Wickersham & TaftHighly commendedLyondell debtor in possession financing67720In the largest ever DIP financing, the firm used a unique structure of a single foreign debtor as a conduit to allow funding to reach their European subsidiaries
O'Melveny & MyersHighly commendedMortgage modification programme67720Representing the mortgage provider Countrywide, the firm devised a plan to address both the concerns of state attorney- generals and the broader public policy issues to create a landmark home retention plan for homeowners threatened with foreclosure
Sullivan & CromwellHighly commendedTrendsetting capital-raising transactions77620The firm led in developing the use of hybrid bonds to enable banks to raise capital. Later they used “wall-crossing processes” to allow banks to mitigate poor earnings results with near-simultaneous capital-raising efforts, now adopted as a market convention
Davis Polk & WardwellCommendedCitigroup bailout66719The firm was at the centre of discussions with governmental regulators (US Treasury, New York Federal Reserve, Federal Deposit Insurance Corporation), and dealt with $306bn in guarantees and a $20bn direct investment
Dewey & LeBoeufCommendedRestoring the frozen insurance-linked securities market67619Shaped the evolution of this alternative investment market, working to restore market confidence by modifying the swap mechanism after Lehman’s collapse
Kirkland & EllisCommendedConstellation Energy’s merger with Electricité de France66719In the midst of the economic storm, the firm negotiated a takeover of Constellation Energy by Warren Buffett’s Mid-American. They then used a fiduciary out option to enable a merger with EDF, ensuring the future survival of the company
Weil, Gotshal & MangesCommendedVertis double pre-pack merger with American Color Graphics67619Devised a dual reorganisation structure without precedent, combining a “pre-packed” debt-for-equity restructuring with a merger. The creditors received a higher rate of recovery and both the companies were effectively saved
Arnold & PorterCommendedRepresenting the AIG Trust66618The firm has taken on the role of staff for the trust which has taken control of AIG, entailing strategic advice to the trustees, negotiations with the US Government and assistance with corporate governance issues
Brown RudnickCommendedAdvising Hedge Funds to renegotiate prime brokerage agreements, in the wake of the collapse of Lehman Bros66618Prime brokers use their clients' assets for their own purposes, but often their clients are ignorant of this. Firm helped hedge fund clients to renegotiate the terms of their agreements
Cadwalader, Wickersham & TaftCommendedThe first out-of-court monoline insurance restructuring, the CIFG Settlement66618The out-of-court restructuring solution, proposed by the firm themselves, saved the company and worked as a model for eight other monoline insurance restructurings
Debevoise & PlimptonCommendedCorporate crisis work with AIG57618The firm's proactive, commercially minded stance enables them to anticipate issues which may face their client in the future, always mindful of the potential political ramifications involved
Greenberg TraurigCommendedFirst complete "roll-up" on a Debtor-in-possession financing66618To induce further investment in a time of limited finance in the reorganisation of Landsource Communities Development, a 'roll-up' of creditors' priorities was utilised. This was the first full roll-up to reach completion
Jones DayCommendedAdvising the Federal Guaranty Insurance Company (FGIC) to reinsure risk66618Strategic advice ensured that FGIC was able to survive the subprime mortgage crisis in late 2007. By separating out the best parts of the business and selling them in return for insuring almost all underlying policies, they effectively saved the company
Latham & WatkinsCommendedLeonard Green's Private Investment in Public Equity in Whole Foods66618Against backdrop of difficult credit markets, the firm advised the private equity house on highly complex structured investments. Set in place a new standard of long-term PIPE investments to feed private equity funding towards struggling businesses
O'Melveny & MyersCommendedRepresenting New Century Financial Corporation, the largest subprime lender to enter Chapter 1166618The firm devised an ingenious strategy using creditors' statistical models of recovery rates on mortgages against them to negotiate an agreement, minimising litigation and dramatically shortening the time taken to restructure
Orrick, Herrington & SutcliffeCommendedDesign of the Money Market Investor Funding Facility66618Working with JP Morgan and the Fed, the firm helped design a key public-private intervention which was part of a package of measures to unfreeze the markets at a crucial time.
Weil, Gotshal & MangesCommendedChief restructuring counsel to AIG66618Assisting the company in the partial restructuring of obligations to the Fed reserve, the firm's most important work was converting part of the loan to preferred equity, without affecting the priorities of creditors
Arnold & PorterCommendedAdvising the Federal Housing Finance Agency on the Conservatorship of Fannie Mae and Freddie Mac65617The conservatorship was without precedent in US history, and Arnold & Porter were required to ensure that this move would not be challenged. The firm has also worked for the conservator in a number of subsequent litigations
Dewey & LeBoeufCommendedTroubled Assets Loan Facility (TALF) Transaction for the Ford Motor Credit Company56617The firm advised on their application for a $2.95 billion loan under the Federal Reserve's TALF scheme. Included developing new market norms in an accelerated timeframe negotiating with a wide number of investors
Kirkland & EllisCommendedPre-negotiated chapter 11 bankruptcy for Masonite Inc65617Pre-negotiated bankruptcy proceedings enabled Masonite Inc to leave chapter 11 as rapidly as possible, emerging with a de-leveraged balance sheet and a stronger management
Latham & WatkinsCommendedResolving the mortgage meltdown through litigation56617The firm defended Impac Mortgage Holdings from allegations of misrepresenting the risks of their real estate subprime loans to investors. Encouraged the US courts to strictly interpret the law and set a precedent which is being referred to in subsequent cases
DechertCommendedBiggest litigation cases of the crisis, including Ezra Merkin in connection with the Madoff fraud and former Merrill Lynch CEO John Thain57416Defending some of the most significant clients in post-crisis litigation the firm has to constantly devise tactics to neutralise the highly charged emotional backdrop to the cases
Simpson Thacher & BartlettCommendedRepresenting former Merill Lynch CEO Stan O'Neill, the former CFO of Bear Stearns, Sam Molinaro, and the former officers of Lehman Brothers in a number of litigations65516The firm's defensive strategic approach takes into account the unique triple threat their clients are facing from private actions, government pressure and an incredibly unfavourable media environment
White & CaseCommendedChrysler bankruptcy litigation67316White & Case are representing a group of Indiana pension funds in litigation relating to the controversial process of the sale in bankruptcy of Chrysler. Firm alleges that the valuation process was deeply flawed
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