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- david.herman@dechert.com
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New York OfficeThree Bryant Park, 1095 Avenue of the Americas, New York, NY, United States of America 10036-6797
David A. Herman, a partner in Dechert’s financial restructuring group, represents clients in complex chapter 11 and municipal bankruptcy cases, out-of-court restructuring matters, and high-stakes bankruptcy litigation. Mr. Herman combines expertise in all aspects of financial restructuring with first-chair trial experience and more than 15 years litigating in trial and appellate courts.
Mr. Herman has represented debtors and creditor parties in many of the most complex and contentious U.S. bankruptcy proceedings in recent years. His experience includes the bankruptcy cases of LATAM Airlines, PG&E Corporation, The Weinstein Company, Sears, Roebuck and Co., Eletson Holdings, and the Puerto Rico Electric Power Authority (PREPA). He also represented the Republic of Argentina in its 2016 sovereign debt restructuring.
Mr. Herman’s litigation matters have involved contested plan confirmation proceedings, debtor-in-possession and exit financing, equity backstop arrangements, contested asset sales, fraudulent conveyance claims, valuation disputes, and claims for breach of fiduciary duty. He also has significant experience in bankruptcy and other appeals, including litigating cases before the U.S. Supreme Court and the U.S. Courts of Appeals.
He has devoted a significant portion of his practice to cross-border matters, particularly matters involving jurisdictions in Latin America or Latin American parties. Those matters have included representing sovereign and commercial actors in restructuring and litigation matters as well as representing parties in connection with internal investigations and regulatory inquiries.
Mr. Herman is recognized for financial restructuring by The Legal 500 US and banking & finance by The Legal 500 Latin America. In 2022, he was named as one of the “40 Under 40” by the American Bankruptcy Institute (ABI).
Key Matters
- The PREPA Ad Hoc Group formed by holders of revenue bonds issued by the Puerto Rico Electric Power Authority (PREPA), a public electric utility company in Puerto Rico, in connection with PREPA’s Title III restructuring and related litigation under PROMESA.
- The Official Committee of Unsecured Creditors in the Chapter 11 cases of LATAM Airlines Group and its affiliates.
- The Creditors’ Committee of Eletson Holdings Inc., a Greek shipping company that owns directly and indirectly 16 vessels, which was filed in the Southern District of New York for involuntary bankruptcy in March 2023 and Chapter 11 bankruptcy in September 2023. Following a week-long trial in September 2024, the Court ruled for Dechert’s clients, rejecting Eletson’s proposed plan of reorganization and confirming a creditor-sponsored plan. As a result, Eletson emerged from Chapter 11 with new leadership, financial resources, and no debt.
- Transform Holdco LLC before the United States Supreme Court in MOAC Mall Holdings LLC v. Transform Holdco LLC, no. 21-1270, and in the District Court and Court of Appeals on remand, in disputes arising out of the Chapter 11 bankruptcy proceedings of Sears, Roebuck and Co.
- PG&E Corporation in connection with litigation and debtor-in-possession financing matters relating to PG&E’s reorganization proceedings under Chapter 11.
- The Weinstein Company (TWC) and its affiliates in their Chapter 11 cases and in connection with the sale of TWC’s assets to Lantern Entertainment.
- The Republic of Argentina in connection with its 2016 sovereign debt restructuring and litigation brought by holders of its defaulted debt.
Includes matters handled at Dechert and prior to joining the firm.
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- University of Pennsylvania, B.A., 2004, summa cum laude, Phi Beta Kappa
- New York University School of Law, J.D., 2007, magna cum laude; Order of the Coif; Articles Editor, NYU Law Review
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- New York
- Supreme Court of the United States
- United States District Court for the Eastern District of New York
- United States District Court for the Southern District of New York
- United States Court of Appeals for the First Circuit
- United States Court of Appeals for the Second Circuit
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- English
- Spanish
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- American Bankruptcy Institute (ABI), Bankruptcy Litigation Committee
- New York City Bar Association
- New York American Inn of Court
- American Bankruptcy Institute (ABI), Bankruptcy Litigation Committee
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- United States District Court for the Eastern District of New York, Honorable Carol Bagley Amon