Simon Briefel is an associate in the New York office of Gibson Dunn and is a member of the firm’s Business Restructuring and Reorganization Practice Group. His practice focuses on corporate restructurings, liability management transactions, and chapter 11 cases, including debt exchanges, distressed investments, acquisitions and financings, and other in-court and out-of-court transactions.
His representative matters include:*
- Del Monte (LME and restructuring): An ad hoc group of lenders, term loan DIP lenders, and stalking horse bidder in the liability management exercise and Chapter 11 cases of Del Monte Foods Corporation in the U.S. Bankruptcy Court for the District of New Jersey.
- STG Logistics: An ad hoc group of lenders and term loan DIP lenders in the Chapter 11 cases of STG Logistics, Inc. in the U.S. Bankruptcy Court for the District of New Jersey.
- Wellful: An Ad Hoc Group of term loan lenders of Wellful Inc. in connection with its financing and exchange transaction
- PGX Holdings, Inc.: Represented the company and 11 affiliates, including Lexington Law Firm, in their prearranged chapter 11 cases, which addressed approximately $423 million of funded debt and a CFPB lawsuit and culminated in going-concern sales of substantially all of the debtors’ assets; PGX provides credit repair and credit monitoring services.
- Lannett Company, Inc.: Represented the company and its affiliates in their prepackaged chapter 11 cases, eliminating approximately $597 million of funded debt and emerging as a privately owned company; Lannett is a manufacturer and distributor of generic pharmaceuticals.
- Kinderhook Industries, LLC: Represented Kinderhook, as private equity sponsor, DIP lender, and stalking horse purchaser, in the chapter 11 cases of Performance Powersports Group, securing approval of its $73 million bid over objections from the U.S. Trustee and the Official Committee of Unsecured Creditors.
- Celsius Network LLC: Represented the company and its affiliates in their first-of-its kind cryptocurrency reorganization which has resulted in distributions of more than $3 billion in cash and cryptocurrency to approximately 375,000 creditors in over 165 countries and formation of a standalone bitcoin mining businessCelsius was one of the largest cryptocurrency-based finance platforms in the world.
- Intelsat S.A.: Represented the company and its debtor affiliates in their chapter 11 cases, one of the largest and most complex restructurings of 2020 and 2021, involving approximately $15 billion in liabilities, an in-court acquisition of Gogo’s commercial aviation business, and emergence with nearly $7 billion in new exit financing; Intelsat operates the world’s largest satellite fleet.
- Carlson Travel, Inc.: Represented the company and 37 affiliates in their prepackaged chapter 11 cases, confirmed just 18 hours after filing, eliminating almost $900 million of debt; Carlson Travel is a leader in business travel management.
- Extraction Oil & Gas, Inc.: Represented the company and its affiliates in their prearranged chapter 11 restructuring addressing approximately $1.7 billion of funded debt; Extraction is one of the largest oil producers in Colorado.
- PES Holdings, LLC: Represented the company and its affiliates in their chapter 11 cases following a catastrophic explosion at the Girard Point refining complex, culminating in a $225.5 million equity sale to Hilco Redevelopment Partners.
- Tailored Brands, Inc.: Represented the company and its 17 affiliates in their prearranged chapter 11 cases, reducing funded debt by $455 million to $555 million; Tailored Brands is the largest men’s formalwear provider in the United States and Canada.
- Cirque du Soleil: Represented the company and its affiliates in their chapter 15 proceedings recognizing Canadian Companies’ Creditors Arrangement Act proceedings; Cirque du Soleil is the world’s premier live entertainment media company.
- Forever 21, Inc.: Represented the company and its affiliates in their chapter 11 restructuring, including a going-concern sale to the SPARC Group; Forever 21 is a fast-fashion retailer.
- Hollander Sleep Products, LLC: Represented the company and certain affiliates in their prearranged chapter 11 restructuring; Hollander is a leading bedding products manufacturer and wholesaler.
- Sungard AS Capital, Inc.: Represented the company and its affiliates in their chapter 11 cases, at the time the fastest chapter 11 in history, confirmed in under 19 hours and deleveraging over $900 million of approximately $1.26 billion in funded debt; Sungard AS is a provider of availability and recovery services.
- Toys “R” Us, Inc.: Represented the company and several of its subsidiaries in one of the largest retail chapter 11 filings ever, including a global wind-down, going-concern sales, and five distinct chapter 11 plans.
- Ardagh Group S.A.: Represented an ad hoc group of senior secured noteholders in the fully consensual $6 billion debt and equity recapitalization of Ardagh Group; Ardagh is a leading global manufacturer of metal and glass packaging products.
- CommScope: Represented an ad hoc group of first lien lenders and noteholders in a transaction that secured commitments of over $3.15 billion in new first lien term loans and $1 billion in first lien notes.
- LaserShip: Represented an ad hoc group of term lenders in the restructuring of package delivery company LaserShip, addressing $1.5 billion in maturing debt.
- Confluence Technologies, Inc.: Represented a controlling group of first lien lenders in the consensual restructuring of Confluence Technologies, including $60 million of new first lien term loans.
Simon received his LL.M. from New York University School of Law in 2017. Following graduation, Simon served for a year as a judicial clerk to Judge Martin Glenn in the United States Bankruptcy Court for the Southern District of New York, for whom he also served as a judicial extern during law school. Simon received his Bachelor of Law degree in 2012 and his Masters in Business Law in 2014 from Université Paris 1 Panthéon-Sorbonne.
Simon is admitted to practice in the State of New York and before the United States District Court for the Southern District of New York.
Prior to joining Gibson Dunn, Simon was an associate in the Restructuring Department of another international law firm.
*Representations also include those that occurred prior to his association with Gibson Dunn
Capabilities
Credentials
Education:
- New York University - 2017 Master's in Business Law
- Université Paris I Panthéon-Sorbonne - 2014 Master of Business Law
- Université Paris I Panthéon-Sorbonne - 2012 Bachelor of Law
Admissions:
- New York Bar
Clerkships:
- US Bankruptcy Court, New York Southern District, Hon. Martin Glenn, 2017 - 2018