Capitalizing on distressed opportunities to create value and maximize returns.
Husch Blackwell’s multidisciplinary team of special situations and investment attorneys leads clients through the complex and growing opportunities presented by distressed entities. Whether acquiring, investing in, lending to, divesting, or exiting overleveraged businesses, our experienced investment lawyers understand that special situations and workouts require forward thinking and versatile counsel to capitalize on disruption in the market.
Working seamlessly across practices, our team is adept at navigating the complexities of investing in and acquiring distressed assets in opportunistic transactions. Our comprehensive approach ensures that clients are not just guided through legal intricacies but are strategically positioned to capitalize on opportunities in the distressed assets landscape.
Our team of special situations attorneys draws upon the collective strengths of our insolvency, corporate, finance, mergers and acquisitions, private equity, and tax teams to provide clients with a comprehensive, one-stop legal resource for distressed transactions and special situations investing. Additionally, we routinely draw upon the experience and knowledge of our industry-focused business units, particularly in the areas of healthcare, food systems, energy and natural resources, and real estate, to develop customized approaches to each client’s unique business objectives.
Insolvency
Our Insolvency & Commercial Bankruptcy team excels at analyzing and strategizing around distressed businesses and providing legal counsel for distressed assets. We can advise on all aspects of asset purchases involving troubled businesses, financing arrangements in and out of bankruptcy, workouts, and out-of-court restructurings, including refinancing, out-of-court restructuring agreements, forbearance agreements, and corporate restructurings.
Mergers & Acquisitions
Our M&A team is skilled in structuring and executing acquisitions of distressed assets, providing innovative solutions to maximize value for our clients in every transaction.
Private Equity
Leveraging deep private equity experience, we assist clients in identifying and capitalizing on investment opportunities in distressed assets, optimizing their portfolios for maximum returns.
Finance
Our finance team ensures that the capital structures supporting distressed asset transactions are sound and sustainable, offering tailored financial solutions to our clients. Working with banks, private equity funds, nontraditional lenders, investors, and other businesses, we guide clients as they originate, structure, document, negotiate, and close commercial and industrial lending transactions.
Real Estate
In distressed asset transactions, real estate often plays a pivotal role. Our real estate team collaborates seamlessly to navigate property-related challenges and opportunities, safeguarding our clients’ interests.
Cannabis
Our nationally ranked Cannabis practice group has deep conversance with the unique operations and funding requirements of the cannabis industry. We regularly advise operating companies and investors on mission-critical transactions, including mergers, asset sales, and purchases, and capital raising.
Tax
Our tax professionals structure transactions to optimize tax efficiency, minimizing liabilities and maximizing benefits for our clients engaged in distressed asset investments.
Healthcare
Operating in a heavily regulated industry such as healthcare presents unique challenges, especially in special situations. For transactions involving distressed assets in the healthcare sector, our specialized team brings an in-depth understanding of industry-specific regulations and challenges, providing comprehensive legal support.
Energy & Natural Resources
Our Energy & Natural Resources team is well acquainted with how sensitive the energy and mining industries are to the business cycle and have experienced numerous boom/bust instances over time. We are positioned to assist clients in the industry, as well as financial institutions and investors, with the opportunities that arise from distressed situations.
Food Systems
Husch Blackwell has one of the largest groups among U.S. law firms dedicated to the Food Systems industry. We regularly counsel clients in connection with opportunities to acquire assets in distress at all points of the food supply chain, from cultivation and production to manufacturing and retail.
We prioritize understanding the unique needs and objectives of each client, tailoring our services to deliver bespoke solutions. Our collaborative approach ensures that clients benefit from the collective wisdom of our diverse practice groups, resulting in well-rounded, strategic advice to unlock the full potential of distressed assets.
Representative Experience
Food Industry
- Represented wholesale grocer in a nearly $300 million acquisition of six operating divisions from a Chapter 11 debtor.
- Assisted the successful buyer in acquiring seven operating grocery stores in the Dahl's Foods Inc. bankruptcy in Des Moines, Iowa.
- Assisted the successful buyer group in the acquisition of 43 operating grocery stores in the Belle Foods, LLC bankruptcy in Alabama.
- Represented wholesale grocer as a secured lender and vendor in a Midwest based bankruptcy where the wholesale grocer acquired ownership of approximately 44 stores through a sale approved in the Chapter 11 plan.
- Represented wholesale grocer as a strategic buyer in a Chapter 11 food bankruptcy obtaining a § 363 sale order within five business days of the bankruptcy filing.
- Organized real estate holding company and S corporation for acquisition of distressed food distribution company.
Energy Industry
- Represented Canadian energy company in acquisition of equity stake in publicly traded energy yield company, related to spinoff from multijurisdictional reorganization with COMI in Spain and United Kingdom.
- Assisted American construction company in acquisition of U.S.-based water infrastructure projects from insolvent Spanish energy company.
- Represented American energy company in acquisition of U.S. renewable projects out of bankruptcies of U.S. subsidiaries of bankrupt European energy company.
Healthcare Industry
- Represented private equity-backed provider of home healthcare services in strategic acquisition of home health providers in Texas and Tennessee.
- Represented a specialty pharmacy in a sale to a PE backed strategic buyer.
- Represented retailer of medical scripts and ancillary supplies in sale to strategic private equity backed buyer.
- Advised seller, a medical device manufacturer, on its $100 million going-concern asset sale, including two manufacturing facilities in Wisconsin.
Real Estate
- Served as borrower’s counsel for receivership and ultimate nonjudicial foreclosure of urban mixed-use project.
- Served as borrower’s counsel for loan workout and eventual deed-in-lieu transaction on CMBS loan secured by urban office project.
- Represented lenders in hundreds of foreclosures across the country.
- Negotiated deed in lieu agreement on behalf of private equity fund for $40MM distressed mixed use project.
Other Industry Transactions
- Served as developer's counsel for acquisition of distressed New Market Tax Credit-financed office building on behalf of two local nonprofits in north Minneapolis.
- Represented private equity firm in sale of full-service technology and telecommunication provider to a strategic buyer.
- Represented a global leader in the paper and packing industry in the acquisition of distressed asset sale from a secured lender of a paper recovery and recycling plant.
- Represented seller of 97 store locations of closed retail business and four distribution centers in 18 states.
- Assisted with acquisition of national haircare franchise with more than 100 locations to industry competitor through bankruptcy sale.
- Counseled national clothing retailer in sale of business through assignment for the benefit of creditors.
- Represented debtor in possession (DIP) lender in bankruptcy of national furniture manufacturer.