Mr. Clark’s Chapter 11 debtor representations include: SunEdison, Inc.; Perfumania Holdings, Inc.; Millenium Health, LLC; Refco Inc.; Accuride Corporation; Central European Distribution Corporation (named as the “Chapter 11 Reorganization of the Year (Over $1 Billion)” for 2013 by The M&A Advisor); Exide Technologies; Filene’s Basement, LLC and Syms Corp.; Hayes Lemmerz International, Inc.; Interstate Bakeries Corporation; Jackson Hewitt Tax Service Inc.; LCI Holding Company, Inc.; Levitz Furniture Incorporated; Mid-American Waste Systems, Inc.; Primus Telecommunications Group, Inc.; RCN Corporation; Savient Pharmaceuticals, Inc.; Spansion Inc.; UDC Homes, Inc.; Vlasic Foods International, Inc.; and Wang Laboratories, Inc.
His creditor representations in Chapter 11 cases include Cendant Corporation and Century 21 Real Estate Corporation in the AMRE case; Dean Foods Company in the Parmalat USA case; Merrill Lynch & Co., Inc. and Polaris Aircraft in the Continental Airlines case; the National Hockey League in the Phoenix Coyotes case; Statek Corporation in the Coudert Brothers LLP case; Union Pacific Resources Group Inc. in the Columbia Gas Transmission case; and Verizon Communications, Inc. (and affiliates) in the USGen New England, Inc. case.
Other bankruptcy-related representations include Cendant Corporation in its purchase of the assets of debtor Budget Rent A Car; HFS Inc. (now Cendant) in its purchase of the assets of debtor Days Inn Worldwide Inc.; Communications Test Design, Inc. in fraud and trade secrets litigation brought by debtor Nortel Networks Inc.; independent directors and minority shareholders in fraud litigation related to debtor Le-Nature’s, Inc.; Lojas Americanas S.A. in litigation with DISH Network related to its purchase of the assets of debtor Blockbuster Inc.; Investcorp International Inc. in fraudulent transfer litigation brought by a post-confirmation trust of debtor Werner Co.; and MacAndrews & Forbes Holdings Inc. in litigation stemming from the Chapter 11 case of its former subsidiary, Marvel Entertainment Group, Inc. He also represented McKesson Corporation in its purchase of the assets of debtor FoxMeyer Drug Company and in subsequent litigation with FoxMeyer’s parent company, Avatex Corporation; UAL Corporation, the parent of United Air Lines, as bidder for the Chicago/O’Hare assets of debtor Trans World Airlines LLC; and William Penn Snyder III, former chairman of the board of trustees of Allegheny Health, Education and Research Foundation, in litigation arising in AHERF’s Chapter 11 case.
Mr. Clark also represents clients in non-bankruptcy litigations, including: Merrimack Pharmaceuticals, Inc. in litigation by unsecured noteholders concerning an alleged sale of all/substantially all assets; Interneuron Pharmaceuticals Incorporated (now Indevus Pharmaceuticals, Inc.) in class action securities litigation arising from its withdrawal of the diet drug Redux™ from the market; McKesson Corporation in shareholder class and derivative litigations related to its acquisition of HBO & Company; Sony Corporation in shareholder class actions challenging its acquisition of Columbia Pictures Industries, Inc. and Columbia’s earlier acquisition of Tri-Star Pictures; Trans-Resources, Inc. and shareholder the Trump Group in hostile takeover litigation; OptimisCorp and its controlling shareholder and CEO, Alan Morelli, in hostile takeover litigation; Tyson Foods, Inc. in litigations arising from its hostile acquisition of Holly Farms Corporation and its acquisition of IBP, Inc.; Hostess Brands in trademark litigation concerning its Nature’s Choice breads; and Viacom, Inc. in litigation with The Seagram Company and Universal Studios, Inc. under a joint venture agreement concerning USA Network, Inc.
Mr. Clark has been selected for inclusion in Chambers USA: America’s Leading Lawyers for Business since 2003 and The Best Lawyers in America since 2001. He also was recognized in IFLR1000 in 2019, and was named Lawyer Monthly’s 2018 Corporate Restructuring Lawyer of the Year - USA and Best Lawyers’ 2012 Wilmington-DE Litigation — Bankruptcy Lawyer of the Year.