David Dykhouse combines extensive experience (in counseling, transactions and litigation) with the avoidance, treatment and exploitation of economic distress. Mr. Dykhouse has a knowledge of many major industries, including pharmaceuticals, media and publishing, petroleum refining and marketing, retailing, derivatives and other complex financial products, real estate development and technology, as well as the non-profit sector. For many years he has advised and represented industrial companies, financial institutions and charitable organizations in connection with the present or possible future financial distress of business counterparties, as well as representing them and debtors, bankruptcy trustees and creditors’ committees in bankruptcy and other trial and appellate courts throughout the United States. Notable are his frequent representation of buyers and sellers of distressed businesses and his counseling regarding the treatment of intellectual property in bankruptcy. Mr. Dykhouse chairs the firm’s creditors’ rights practice group and lectures, writes and serves on advisory committees regarding the Bankruptcy Code and the Uniform Commercial Code.
Prior to joining Patterson Belknap, Mr. Dykhouse served as Law Clerk to the Hon. Samuel J. Roberts, Supreme Court of Pennsylvania.
Representative Matters — Financial Guarantor
Lead representation in Deutsche Bank AG v. Ambac Credit Products LLC, 2006 WL 1867497 (S.D.N.Y.), LaSalle Bank N.A. v. BNP Paribas, London Branch et al., 08 Civ. 6134 (S.D.N.Y. 2010), NPS LLC v. Ambac Assurance Corp., 706 F. Supp. 2d 162 (D. Mass. 2010), Ambac Assurance Corp. v. Adelanto Public Utility Authority, 696 F. Supp. 2d 396 (S.D.N.Y. 2010), 2011 WL 5553444 (S.D.N.Y. 2011), 2013 U.S. Dist. LEXIS 4703 (S.D.N.Y. 2013), 2013 U.S. Dist. LEXIS 124190 (S.D.N.Y. 2013), and 2014 U.S. Dist. LEXIS 29236 (S.D.N.Y. 2014), Baylor College of Medicine v. Ambac Financial Group, Inc., Civ. No. H-09-3678 (S.D. Tex. 2010), Confederated Tribes of the Warm Springs Reservation v. Ambac Assurance Corp., 2010 WL 4875657 (D. Ore.), and Ambac Financial Services, LLC v. Bay Area Toll Authority, 2010 WL 4892678 (S.D.N.Y.), and advice and representation of it and other monoline insurers in disputes regarding derivatives.
Federal Reserve Bank of New York
Representation of Maiden Lane III LLC in Bank of America v. AIG Financial Products Corp. et al., 2010 U.S. Dist. LEXIS 130463 (S.D.N.Y.), affirmed in part and dismissed in part, 2013 U.S. App. LEXIS 6866 (2d Cir. 2013).
Representative Matters: Large Pharmaceutical & Consumer Products Compan
General nationwide representation in bankruptcy proceedings and advice concerning creditors’ rights and commercial transactions for 36 years; examples:
- purchase of binational business and related technology and worldwide patents from sellers recently emerged from Canadian CCAA and Chapter 15 proceedings
- complex loan to pharmaceutical development company secured by patents
- debtor-creditor advice regarding project for the development of artificial sweetener product
- development and implementation of a program to protect its interests in tools, dies and molds placed in the possession of vendors and contract manufacturers and representation in the bankruptcy cases of such vendors and manufacturers
- securing amounts owed by customers
- protecting interests in manufacturing equipment and custom products while they are work-in-process in the possession of manufacturers
- creditors’ rights advice regarding patent and technology licenses and counterparty financial difficulties
- numerous bankruptcy cases throughout the <country-region>U.S. (including Enron, Fleming, Foxmeyer, Winn-Dixie, Saint Vincents and Liberty Medical) in various capacities, including creditor, creditors’ committee member or chairman, preference defendant and asset purchaser
- sales of bankruptcy claims
Representative Matters — Similar Advice and Representation
Lesser in scope or time, for several large media companies (broadcast and cable TV, newspaper, magazines and books), a greeting card company, several major foundations and other non-profit entities, a mobile telephone manufacturer and numerous European exporters to the United States.
Major German Industrial Company
Lead counsel in the four-way restructuring of $135 million contract for the assembly of railcars of Boston T.
Major Media Conglomerate
Involvement in all aspects of the nationwide resolution through Chapter 11 of numerous class actions and other claims of consumer fraud in connection with sweepstakes operation, described in In re American Family Enterprises, 256 B.R. 377 (D.N.J. 2000).
Major Media Conglomerate
Resolution through Chapter 7 (including litigation with trustee) of a failed joint venture.
Major Media Conglomerate
Representation in Chapter 11 of failed licensee (described generally in In re Patient EducationMedia Inc., 210 B.R. 237 (Bankr. S.D.N.Y. 1997)) and related creditor litigation (see Dinaco,Inc. v. Time Warner, Inc., 346 F.3d 64 (2d Cir. 2003)).
Part 2 — Creditors’ Committees
Representation of official committees of unsecured creditors in Chapter 11 cases of media buying and barter company (including protracted litigation and appeals; see generally The Mediators, Inc. v. Manney, 190 B.R. 515 (S.D.N.Y. 1995), and 105 F.3d 822 (2d Cir. 1997)).
Major Independent Oil Refining & Marketing Co.
Lead counsel in successful Chapter 11 reorganization involving $200 million in restructured debts (including issuance of $165 million of indentured secured notes).
Advice regarding security and creditors’ rights issues in connection with the largest and second largest art sales in history.
New York Real Estate Developer
Representation in bankruptcy, litigation and arbitration with co-developer of $400 million real estate project.
Supermarket Chain Affiliates
Representation of affiliates of a major supermarket chain in the Chapter 11 reorganization of the chain and in their own Chapter 11 cases.