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Keith McDaniels is a partner in the Cooley Bankruptcy & Restructuring practice group. He joined the Firm in 2010 and is resident in the San Francisco office.
Mr. McDaniels represents companies and creditors in complex distressed mergers and acquisition transactions, out-of-court restructurings and bankruptcy cases, with particular expertise in the technology, telecommunications, consumer products, automotive, finance, pharmaceutical, and construction industries. Mr. McDaniels regularly represents corporations, independent boards of directors, investment funds, creditors' committees and acquirers of assets in matters dealing with distressed and insolvent businesses.
Mr. McDaniels has substantial experience structuring and negotiating asset purchase agreements, restructuring agreements and reorganization plans, secured and unsecured financings and employee incentive plans. He has also developed strategies for businesses to minimize credit exposure in insolvency situations and structured credit documents and related agreements for financial institutions. His experience has included cross-border insolvencies and bankruptcy-related litigation.
Mr. McDaniels has advised corporations on strategies for informally restructuring debt and other obligations and structuring distressed sales. His clients have included a large real estate development company, multiple logistics enterprises, a consumer products distributor, a life sciences development company, and a clean tech energy efficiency company. Mr. McDaniels has also represented companies in distressed sales and restructurings through formal insolvency proceedings, including Constellation Concepts, Inc., Metricom, Inc., Guy F. Atkinson, Inc. and its affiliates, and Lyon's Restaurants, Inc. and its affiliates. In addition, he has represented businesses in the winding down of their operations, including Cable & Wireless USA, Inc. and its affiliates and a telecommunications joint venture company.
In addition, Mr. McDaniels has represented numerous creditors' committees throughout the country, including TLC Vision U.S. Corp. and its affiliates; Global Safety Textiles Holdings, LLC; ORCO Construction Supply, Inc.; Pacific Metro LLC, a/k/a The Thomas Kinkade Company, LLC; WL Homes, LLC, and its affiliates, dba John Laing Homes; Renaissance Custom Homes; Intermet Corporation and its affiliates; CFM U.S. Corporation and its affiliates; Quality Home Loans, Inc.; People's Choice Home Loans, Inc. and its affiliates; Malden Mills Industries, Inc. and its affiliates; APW Enclosure Systems; Silicon Graphics, Inc. and its affiliates; Pharmaceutical Formulations, Inc.; Meridian Automotive Systems, Inc. and its affiliates; Liberate Technologies, Inc.; Touch America Holdings, Inc.; The 3DO Company; OmniSky Corporation; and Yipes Communications, Inc. and its affiliates.
Mr. McDaniels is a frequent speaker to creditor and bar association groups and has written articles and books on restructuring matters. Mr. McDaniels wrote "Developing a Strategic Plan for Divesting Assets Through Chapter 11" in Chapter 11 Bankruptcy and Restructuring Strategies, 37-60 (Aspatore Books, 2008). He also is a co-author of "Enforcing Secured Loans Against Debtors in Bankruptcy" in California Mortgage and Deed of Trust Practice (Chapter 11, CEB, 2003) and the author of "Patents as Bankruptcy Assets" for the Advance Patent Institute, University of Texas, Austin and University of California at Berkeley (2002).
After graduating from law school, Mr. McDaniels clerked for Judge Leslie Tchaikovsky, United States Bankruptcy Court, Northern District of California. He received a J.D. from New York University School of Law in 1996. Mr. McDaniels received a B.A. in History and Economics, with distinction, from the University of Washington in 1990, where he was a member of Phi Beta Kappa.
Education- New York University School of Law
JD, 1996 - University of Washington
BA with distinction, 1990, Phi Beta Kappa
Admissions
Memberships
- American Bankruptcy Institute
- The Bar Association of San Francisco
- Turnaround Management Association
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