Douglas R. Gooding - Choate Hall & Stewart LLP

Douglas R. Gooding

Listed in Best Lawyers since 2007
Phone: 617-248-5277

Doug Gooding is the chair of the firm’s Finance Group.  He has over 20 years experience in corporate finance, restructuring, bankruptcy and related litigation.  Mr. Gooding has appeared in courts throughout the United States and in Canada and has been appointed as mediator in bankruptcy disputes.

Mr. Gooding is listed in Chambers USA, The Legal 500, Guide to the World's Leading Insolvency and Restructuring Lawyers, Best Lawyers in America, Massachusetts Super Lawyers and PLC – Which Lawyer.

Practice Focus

Finance, Restructuring and Bankruptcy: 
debtor-in-possession lending; representation of senior, second lien and mezzanine debt in complex restructurings.  Extensive experience in bankruptcy, insolvency matters and out of court workouts.  Advises boards of directors on “zone of insolvency” issues.  Has represented troubled companies and creditors’ committees as well as financial institutions and insurers.

Representative Engagements

· Counsel to lender owed $190 million secured by multi-family complexes in Massachusetts, Florida, Georgia and Texas.
· Lead counsel to lessor in $150 million leveraged railcar lease transaction and workout relating to bankruptcy of The CIT Group.
· Lead counsel of purchasers in Section 363 sales including in food, retail and drug industries.
· Counsel to senior lender in workout involving fractional share ownership aviation company.
· Represented debtor-in-possession lenders in numerous retail bankruptcy cases in Delaware, New York, Maryland, Connecticut and Illinois.
· Representation of insurers in numerous bankruptcy cases throughout US relating to collateral, surety and premium disputes as well as alleged asbestos, toxic tort and hazardous waste liabilities. Cases include:  Nortel Networks (USA and Canada), Borders Books, General Growth Properties, Catholic Diocese of Wilmington, Filene’s Basement, Armstrong World Industries, Owens Corning and US Airways.
· Advised Fortune 250 company on its company-wide collateral and security documentation.
· Successfully represented law firm against claims of legal malpractice relating to documentation of loans.  
· Served as mediator and successfully resolved dispute between liquidating trustee in bankruptcy and insurance company.
· Lead counsel to Creditors’ Committee in case with over $1 billion in debt.
· Lead counsel to portfolio companies in out of court restructurings of companies in industries ranging from contract manufacturing to national dry cleaning chain to operator of sleep disorder centers.
· Counsel to holders of $50 million in sub debt which commenced involuntary bankruptcy proceeding against manufacturer of household appliances.
· Representation of software companies in cases throughout the country in efforts to protect and enforce rights under licenses.
· Representation of sellers and purchasers of assets in bankruptcy in industries ranging from retail, auto parts, home healthcare, food, photo imaging and advertising.
· Representation of retailers in workout matters and pre-bankruptcy planning.
· Lead lawyer in several reported decisions, including: Liberty Mutual Insurance Co. v. Greenwich Insurance Co., 1st Cir.; Fish Market Nominee Corp. v. Pelofsky, 1st Cir.; and In re Moon, SDNY.

Publications and Presentations

· “The Art and Styles of Bankruptcy Negotiations,” speaker, ABI Northeast Conference, July 2013.
· “'Free and Clear' Means Free and Clear,” co-author, Bankruptcy Law360, June 2013.
· “Q&A With Choate’s Doug Gooding,” featured, Bankruptcy Law360, April 2013.
· “Debtor’s Counsel, Be Careful Who You Help,” co-author, Bankruptcy Law360, March 2013. · “10th Circ. Has Left Less Static for Secured Creditors,” co-author, Bankruptcy Law360, January 2013.
· “Houghton Mifflin: Practically Proper Improper Venue,” co-author, Bankruptcy Law360, August 2012.
· “Seeking Clarity on Credit Bidding,” co-author, Bankruptcy Law360, May 2012.
· “Debating Bankruptcy Venue Reform,” co-author, Bankruptcy Law360, September 2011. · “Bankruptcy Jurisdiction – Beyond Section 1334,” co-author, Bankruptcy Law360, June 2011.
· “Questions You Never Used To Ask:  Emerging Ethical And Liability Concerns In Commercial Loan Workouts,” panelist, ABA Spring Meeting, April 2011.
· “Viewpoint: Court Ruling Endangers ‘Credit Bidding’,” co-author, American Banker, April 2010.
· “The Evolution of Credit Bidding,” co-author, Bankruptcy Law360, February 2010.
· “Technology and Telecommunications Committee:  Selling, Buying and Keeping Technology Licenses in Bankruptcy,” panelist, ABI Conference, April 2010.
· “Surviving the Credit Markets and Succeeding in a Turnaround,” co-author, Bloomberg Law Report: Banking & Finance, May 2009.
· “Credit Market Exposure,” panelist, Periscopes Up: Managing Your Company in Turbulent Economic Waters, November 2008.
· "Chief Restructuring Officer: Coming to a Company Near You?" co-author, ACC Northeast Chapter Quarterly Newsletter, Quarter 2, 2008.
· “Troubled Portfolio Companies,” panelist, ABI Northeast Conference, July 2008.
· "The Role of a Chief Restructuring Officer," co-presenter, Boston Bar Association Business Law Section Meeting, February 2007.

Professional and Community Involvement 

Mr. Gooding is an active member of the Massachusetts and Boston Bar Associations and is a former co-chair of the Boston Bar Association Bankruptcy Section.  Mr. Gooding is active in pro bono matters and the BBA’s Financial Literacy program.  He is a frequent lecturer and participant on educational panels relating to bankruptcy and insolvency.  He is also on an advisory board to Tufts Hospital.  Mr. Gooding lives in Beverly, Massachusetts with his two daughters.

University of California BerkeleyAB 1987Duke University School of LawJ.D. 1991

Case History

CIT bankruptcy case — Represented large financial institional on its largest troubled loan exposure.  Client was owed approximately $150 million in connection with leveraged railcar lease transactions.  Client paid in full just prior to year-end 2009.
Zoots Restructuring — Lead counsel to large dry cleaning company.  Negotiated with various creditor and employee groups.  Directly responsible for keeping company out of bankruptcy and, with the consent of the secured lender, selling the company in 14 seperate hybrid secured party sale transactions and in the process helping to preserve about 1000 jobs. Advice and transactions were ultimatley reviewed by a Bankruptcy Judge who endorsed our advice and dismissed an involuntary banktuptcy petition finding that the Company had done everything right.
Redrafting Security Documents for Fortune 250 Company — Client holds billions in various forms of collateral to secure its customers'' future contingent obligations.  Security takes the form of cash, letters of credit and  surety bonds.  With the turmoil in the financial industry, client was concerned that its existing documentation had weaknesses.   I was lead counsel responsible for meeting with senior management and strengthening the documentation as well as advising the client on indivudual transactions.

Office Location

Two International Place
Boston, MA 02110
United States

Practice Areas

Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
Litigation - Bankruptcy

Other Information

Gender: Male