Doug Taber developed and implemented restructuring legal strategies, both in and out of court, for first-lien lenders, second-lien lenders, unitranche lenders, and other stakeholders managing exposures to U.S. and non-U.S. entities in, or at risk of entering, U.S. or non-U.S. insolvency proceedings. Such restructuring strategies included refinancings, recapitalizations, debt-for-equity restructurings, lender credit bids, bankruptcy 363 sales, UCC foreclosure sales, pre-packaged and pre-negotiated Chapter 11 plans of reorganization, and other consensual and contested Chapter 11 plans of reorganization.
Doug also advised on the structuring, negotiation, and documentation of acquisition financing, dividend recapitalization financing, and other leveraged and asset-based loans to mitigate insolvency-related risks, including lender liability, equitable subordination, successor liability, and avoidance action risks. He also advised in the structuring, negotiation, and documentation of “fresh” and “defensive” DIP loans.
Doug also advised directors on boards of companies at risk of insolvency on corporate governance actions and restructuring strategies. He managed significant insolvency-related litigation, both in U.S. bankruptcy cases and in non-U.S. insolvency proceedings, including alleged breach of fiduciary duty, aiding and abetting breach of fiduciary duty, constructive fraudulent conveyance, voidable preference, and other “clawback” claims.
Before joining Alston & Bird, Doug was a restructuring and bankruptcy partner in an Am Law 50 firm. Doug spent nearly 18 years at GE Capital where he was lead executive counsel, advising on U.S. bankruptcies, cross-border insolvencies, and out-of-court restructurings.