Jonathan Gordon

Jonathan’s representative experience includes advising:

Company Representations

• Afiniti, Ltd in its Bermuda restructuring and chapter 15 recognition proceeding in the District of Delaware, addressing more than US$500 million of funded debt obligations (asset transfer to lenders)
• Sorrento Therapeutics, as chapter 11 debtor in the Southern District of Texas, addressing more than US$200 million of debt (three Section 363 sales)
• Monitronics, as chapter 11 debtor in the Southern District of Texas, addressing approximately US$1.1 billion of funded debt obligations (prepackaged debt-to-equity reorganization)
• Mallinckrodt, as chapter 11 debtor in the District of Delaware, addressing more than US$5.2 billion of funded debt obligations and billions in potential tort liability (debt-to-equity reorganization; channeling injunction)
• Nine Point Energy Holdings, as chapter 11 debtor in the District of Delaware, addressing more than US$250 million in funded debt obligations (Section 363 sale)
• Sundance Energy, as chapter 11 debtor in the Southern District of Texas, addressing approximately US$400 million in funded debt obligations (prepackaged debt-to-equity reorganization)
• Sable Permian Resources, as chapter 11 debtor in the Southern District of Texas, addressing more than US$1.3 billion in funded debt obligations (debt-to-equity reorganization)
• GNC Holdings, as chapter 11 debtor in the District of Delaware, addressing more than US$900 million in funded debt obligations (Section 363 sale)
• FTD Companies, as chapter 11 debtor in the District of Delaware, addressing nearly US$150 million in funded debt obligations (three Section 363 sales)*
• Various companies in out-of-court distressed financings, loan amendments, forbearances, and corporate governance matters

Creditor Representations

• The second lien secured lender and agent (and preferred equity holder) of a technology company, in a liability management transaction (exchange and financing
• The first lien secured lenders of an insurance claims management company, in an out-of-court debt-for-equity restructuring, addressing US$1.5 billion of funded debt obligation
• The first lien secured lenders of an engineering company, in contingency chapter 11 preparation and subsequent chapter 7 case
• A private credit firm, as agent and secured lender, in a “dropdown” liability management transaction
• The first lien secured lenders of a dental practice management company, in an out-of-court debt- for -equity reorganization, addressing more than US$910 million of funded debt obligations
• A middle-market private credit firm in two sales of nearly US$140 million and US$85 million in funded debt obligations owed by a distressed borrower
• A global financial institution as agent and lender for a US$677.5 million-chapter 11 debtor-in-possession facility in the Eastern District of Missouri
• A litigation judgment creditor (and the largest creditor) of a gaming company’s chapter 11 cases in the District of Nevada
• Various lenders in out-of-court workout scenarios, including distressed transactions, loan amendments, refinancings, and forbearances
• Various real estate investment firms as landlords to various chapter 11 debtors

Third-Party Strategic Representations

• Dollar Tree, in connection with the purchase of 148 Party City lease designation rights in Party City’s chapter 11 cases in the Southern District of Texas
• Amazon, with respect to a strategic commercial agreement with Diamond Sports Group, in connection with DSG’s chapter 11 cases in the Southern District of Texas
• Various purchasers in bids for assets in bankruptcy

Bankruptcy Litigation

• Chapter 11 debtors, in contested matters related to, among other things, motions to dismiss, the automatic stay, venue, releases, and plan confirmation
• A global private equity firm, as equity sponsor, in the settlement of fiduciary duty litigation threatened by an unsecured creditors’ committee
• An advisory firm and former chief restructuring officer, in litigation commenced by a chapter 7 trustee, alleging breach of fiduciary duties, fraud, negligence, and avoidance actions
• Former directors and officers of a debtor, in litigation commenced after the debtor’s bankruptcy by a former shareholder, alleging breach of fiduciary duties, fraud, and conspiracy
• A company in litigation against the IRS regarding a tax deduction following a fraudulent conveyance settlement

Bankruptcy Appeals

• Mallinckrodt regarding the discharge of a contingent royalty claim (99 F.4th 617, 3d Cir.) (successful)
• Mallinckrodt regarding confirmation of their chapter 11 plan (D. Del.) (successful)
• Sorrento Therapeutics regarding a discovery ruling (S.D. Tex.) (successful)
• Bestwall against certification of a direct appeal regarding a motion to dismiss the chapter 11 case (4th Cir.) (successful)*

*Matter handled prior to joining Latham