Kirkland & Ellis partner David Nemecek has significantly impacted the banking and restructuring sector through his innovative design and implementation of liability management exercises. These transactions utilize provisions of clients’ debt documents in, often novel, ways to improve clients’ negotiating leverage with lenders and drive out-of-court recapitalization transactions. Liability management exercises often employ creative tactics to persuade creditors to participate in the transactions. Nemecek’s specialty is helping stressed companies navigate turbulent times by developing and executing cutting edge financing transactions. His efforts over the past several years helped save companies from near-term bankruptcies, helped avoid bankruptcies (and better position other companies to emerge from bankruptcy) and helped protect hundreds of thousands of jobs. Notable efforts include liability management exercises at Envision Healthcare, Bed Bath & Beyond, IPC, Travelport, Tri-Mark, Boardriders, Tupperware, PetSmart, Macy’s, Cineworld, Neiman Marcus, Cirque du Soleil, Guitar Center and California Pizza Kitchen, among others.
