Key Experience

  • Focuses on complex corporate restructurings.
  • Handles multijurisdictional and cross-border matters.
  • Former firm hiring and attorney development partner.

Practice

David Botter advises on large, complex restructuring cases, both out of court and in Chapter 11, across a variety of industries. He frequently handles multijurisdictional and cross-border matters for both distressed companies and major creditors, with an emphasis on creditors’ committees and bondholder committees.

Representative Work

  • Advising an ad hoc group of senior noteholders of Aerovias de Mexico, S.A. de C.V. in the Chapter 11 cases of Aeroméxico, Mexico’s flagship airline.
  • Assisting an ad hoc group of private placement noteholders of Nordic Aviation Capital in its Irish scheme of arrangement.
  • Represented the ad hoc committee of senior unsecured noteholders in Pacific Gas and Electric Company’s (PG&E) closely watched $30+ billion Chapter 11 cases—one of the industry’s largest ongoing bankruptcies. Throughout this highly complex and widely publicized restructuring, the Akin Gump team has been working tirelessly to promote the interests of the noteholders and navigate through myriad complicated disputes in connection with PG&E’s attempt to reorganize.
  • Advised the official committee of unsecured creditors of Adeptus Health Inc., one of the largest operators of freestanding emergency rooms in the United States. Despite the contentious, controversial and complex nature of the case, the debtors obtained plan approval less than six months after filing following a two-day trial. Under the plan, and due to the efforts of Akin Gump, the general unsecured creditors achieved substantially better outcomes than they would have recovered in a straight waterfall plan or a liquidation.
  • Advised FirstEnergy Solutions Corp. (FES) in its $5 billion debt restructuring, which was among the largest and most complex filings of 2018. The Akin Gump team devised a multipronged operational and balance sheet restructuring strategy in an effort to save plants and more than 4,500 jobs. FES secured big wins over the Federal Energy Regulatory Commission and contract counterparties on rejecting costly power purchase agreements, and developed a massive public affairs operation aimed at delivering regulatory support for the fleet. It also secured a comprehensive $1 billion plus global settlement, eliminating the threat of years of protracted litigation, and sold its certain noncore assets. FES emerged from bankruptcy in February 2020.

Public Service and Affiliations

Recognition