James H. Millar

Partner

Overview

James Millar is the attorney bondholders look to when they need to take action to protect and enforce their rights in a restructuring. Jim has more than 25 years of experience advising bondholders, acquirers and other participants in bankruptcy litigation and corporate restructuring. Jim regularly represents bondholders in Chapter 11 cases, enforcing their rights under bankruptcy law, creditors’ rights law and contract law. Bondholders value his ability to develop novel and effective strategies to pursue their rights against well-funded groups or other stakeholders elsewhere in the capital structure. In addition, Jim represents financial and strategic acquirers of distressed companies. He co-leads the firm’s corporate restructuring team.

Jim is frequently at the forefront of bankruptcy and creditors’ rights law. One precedent-setting case involved a legal theory he helped develop on the Trust Indenture Act during his representation of a group of bondholders in the Chapter 11 bankruptcy of Caesars Entertainment Corporation. Other law firms have subsequently adopted the theory that heavily influenced the outcome of the case on bondholders’ challenge to Caesar’s attempt to release guarantees of the bonds without their consent.  On a related issue in a precedential case, Jim obtained a favorable reversal from the New York Court of Appeals on behalf of certain minority bondholders on a legal issue under an indenture that incorporated the Trust Indenture Act as a matter of contract.

Representative Experience

  • Represented minority bondholders in obtaining favorable reversal from New York Court of Appeals on a legal issue under an indenture that incorporated the Trust Indenture Act as a matter of contract. See CNH Diversified Opportunities Master Account, L.P. v Cleveland Unlimited, Inc., __ N.E.3d __, 2020 WL 6163305, 2020 N.Y. Slip Op. 05976 (2020)
  • Represented unsecured bondholders of Caesars Entertainment Operating Company, Inc.
  • Represented ad hoc group of senior secured lenders in Longview Power LLC Chapter 11 bankruptcy case 
  • Represented ad hoc group of bondholders of Maxcom Telecom
  • Represented ad hoc group of bondholders of SunEdison Inc.
  • Represented bondholder of Nuverra Environmental Solutions, Inc. in a confirmation objection and appeal
  • Represented ad hoc noteholders group in jointly-administered Chapter 11 bankruptcy cases of Woodbridge Group of Companies LLC
  • Represented first lien bondholders/indenture trustee of Energy Future Intermediate Holding Company LLC
  • Represented indenture trustee as special counsel in Norske Skog exchange-offer litigation
  • Represented certain bondholders of Suntech Power Holdings Co, Ltd.
  • Represented the creditors' committee of Frontier Airlines
  • Represented the bondholders of AtheroGenics who commenced an involuntary bankruptcy against the company
  • Represented the Canadian affiliates of Calpine Corporation in the Chapter 11 cases of their U.S. affiliates and in related claims objections and avoidance actions involving hundreds of millions of dollars in claims
  • Represented Travel Centers of America in distressed acquisition of Quaker Steak and Lube
  • Represented the LSTA, SIFMA, and ISDA as amici in the Enron Transferee Litigation

Personal Interests

Jim is a licensed commercial pilot and avid mixed martial arts participant and fan.

Credentials

Bar Admissions

New York

Certifications
  • Jim is a registered professional engineer.
Education

Colorado State University
B.S. (1989)

University of Colorado Law School
J.D. Order of the Coif (1995)

Insights & Events

Leadership & Community

Pro Bono

Jim regularly represents restaurant workers who have claims against their employers for violations of labor law when the employers seek to evade their responsibilities through bankruptcy.

Professional Associations

  • Association of Insolvency & Restructuring Advisors
  • Turnaround Management Association

Firm Leadership

  • Co-Leader, Corporate Restructuring Practice Team 
  • Drinker Biddle & Reath LLP — Co-chair, Corporate Restructuring Group, 2019-20

Honors

Chambers USA, New York, Bankruptcy/Restructuring, "Recognised Practitioner," 2019

Awards Methodology
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