Michael A. Rosenthal
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Partner
T: (212) 351-3969
F: (212) 351-6258

Michael A. Rosenthal is co-chair of Gibson, Dunn & Crutcher's Business Restructuring and Reorganization Practice Group.  Although originally based in Dallas, he now practices in New York where he handles matters pending in Delaware, New York and other courts around the country.  Mr. Rosenthal focuses on insolvency, corporate reorganization and debt restructuring matters.  With a particular expertise in the representation of debtors and acquirors of distressed businesses, debt and assets, he has represented companies in a variety of business sectors, including energy, retail, manufacturing, real estate, engineering, construction, media, telecommunications and banking.  In addition to debtors and acquirors, Mr. Rosenthal has represented creditors' committees, secured and unsecured creditors, bondholders and trustees.  He also has substantial experience in out-of-court restructurings and pre-packaged chapter 11 cases and is one of the country's leading experts on restructuring issues related to companies with asbestos and other mass tort liability.

Mr. Rosenthal has been responsible for the firm's representation of the following debtors, either in out-of-court restructuring or chapter 11 cases:

  • Representation of Asbestos Claims Management Corporation in its currently pending chapter 11 case in the Northern District of Texas.
  • Representation of Money's Financial LLC and its affiliates in their chapter 11 cases in the District of Delaware.
  • Representation of American Pad and Paper Company and its affiliates in their chapter 11 cases in the District of Delaware.
  • Representation of Resorts International, Inc. in its prepackaged chapter 11 case in the District of Delaware.
  • Representation of Financial News Network in its chapter 11 reorganization in the Southern District of New York, including responsibility for the sale of Financial News' media business to CNBC.
  • Representation of First RepublicBank Corporation, formerly the largest bank holding company in Texas, in a vigorously contested chapter 11 case in the Northern District of Texas.
  • Representation of The Prentiss/Copley Investment Group in connection with an out-of-court restructuring of more than $1.5 billion of debt involving 122 office buildings and industrial properties located throughout the United States.
  • Representation of NACO Finance Corporation, a captive finance company controlled by one of the largest national campground and resort networks, in a complex chapter 11 case in the Northern District of Texas.
  • Representation of Sunnyside Cogeneration Associates in out-of-court restructuring of approximately $116 million of publicly held, tax-exempt bond indebtedness.
  • Representation of AutoFuel Company, d/b/a AFCO, a distributor of motor fuels in the Southwest and Hawaii, in its chapter 11 case in the Northern District of Texas.

Mr. Rosenthal has been responsible for the firm's representation of the following acquirors of substantially all of the business and assets of chapter 11 debtors:

  • Representation of NRG Energy in $1.2 billion acquisition of electric generating assets of Cajun Electric Power Cooperative, Inc., a chapter 11 debtor in the Middle District of Louisiana.
  • Representation of The Shaw Group Inc., a world-wide engineering and construction company, in its acquisition of substantially all of the assets of IT Group, Inc., another large world-wide engineering and construction company, which is a debtor in a chapter 11 case in the District of Delaware.
  • Representation of Tenet Healthcare Corporation in the purchase of eight Philadelphia area hospitals and the medical school owned by Allegheny Health, Education and Research Foundation and its affiliates, which are debtors in chapter 11 cases in the Western District of Pennsylvania.
  • Representation of TELUS Corporation, one of Canada's largest telecommunication providers, in its acquisition of Canadian assets of PSINet, Inc., a chapter 11 debtor in the Southern District of New York.
  • Representation of NRG Energy in the acquisition of a controlling interest in O'Brien Environmental Energy, Inc., a chapter 11 debtor in the District of New Jersey, through competing plan of reorganization and highly contested auction.
  • Representation of Jacobs Engineering Group in the highly contested auction to acquire the assets of Stone & Webster, Inc., a chapter 11 debtor in the District of Delaware.

Mr. Rosenthal also spearheaded the firm's successful representation of creditors and official unsecured creditors' committees in the following chapter 11 cases:

  • Representation of DII Industries Asbestos PI Trust, the $2 plus billion trust funded by Halliburton Company to resolve the asbestos claims agains Halliburton, DII Industries and other Halliburton affiliates.  The trust is one of the largest of its kind ever to be created.
  • Representation of the Official Committee of Unsecured Creditors of Zale Corporation, the largest jewelry store chain in the United States with thousands of retail locations.
  • Representation of the Official Committee of Unsecured Creditors of I.C.H. Corporation, a large U.S. insurance holding company. 
  • Representation of the Official Committee of Unsecured Creditors of KCS Energy, Inc.
  • Representation of the Official Committee of Unsecured Creditors of Sunrise Energy Company and Sunrise Energy Management Company which successfully concluded their chapter 11 proceedings in seven months.
  • Representation of the settlement trust created in the chapter 11 reorganization of National Gypsum Company to resolve over $2.5 billion in asbestos-related claims.
  • Representation of Atlantic Coast Airlines, a creditor in the chapter 11 cases of UAL Corporation and its affiliates currently pending in the Northern District of Illinois.
  • Representation of Shaw Communications, Canada's largest cable TV provider, in the 360Networks case pending in the Southern District of New York.
  • Representation of Nortel Networks, Inc., a creditor in the GST Telecom, Inc. chapter 11 case in the District of Delaware.
  • Representation of Cooper Industries, Inc., in connection with its asbestos issues arising from the chapter 11 cases of Federal Mogul, Inc. and its affiliates currently pending in the District of Delaware.
  • Representation of Crosby Capital LLC, a secured lender in the Aviva America, Inc. chapter 11 case in the Northern District of Texas.
  • Representation of Potomac Electric Power Company as $53 million unsecured creditor in the Ferranti International Controls Corporation chapter 11 in the Southern District of Texas.
  • Representation of The Bank of Nova Scotia in various troubled credits.

Mr. Rosenthal received his Juris Doctor in 1979 from the University of Chicago and his Bachelor of Arts summa cum laude in 1976 from the University of Virginia.  He studied for a year at the London School of Economics and Political Science.  He is licensed to practice both in Illinois and Texas.  Mr. Rosenthal was listed in The Legal 500 US, 2008 edition, as a leading corporate restructuring attorney.

Mr. Rosenthal is a member of the State Bar of Texas and Business Bankruptcy Committee of the American Bar Association, and has lectured at the national and local level on matters involving bankruptcy and creditors' rights.  He has also lectured at the Mealey's Asbestos Conference on asbestos-related restructuring issues and published an article for such conference entitled "Adversary Proceedings In Asbestos Bankruptcies:  A Procedural and Substantive Primer."  He is co-author of "The Impact of Post-Petition Events on Preference Liability," published in the February 2005 issue of ABI Journal, an American Bankruptcy Institute publication, and "The Intersection of Sovereign Immunity and Bankruptcy Jurisdiction," published in the materials for the conference entitled "10th Annual Rocky Mountain Bankruptcy Conference: Educational Materials," American Bankruptcy Institute, February 10-12, 2005.  In June 2005, Mr. Rosenthal co-authored and presented a live webcast entitled “Car Talk:  Restructuring in the Auto Industry (An Overview of Issues Confronting Customers, Suppliers and Competitors of the Chapter 11 Debtor).”