Photo of Edward H. Tillinghast, III

Edward H. Tillinghast, III

Partner
New York
T: 212.634.3050
F: 212.655.1750

Education

  • J.D., Chicago-Kent College of Law; 1983, Chicago-Kent Law Review
  • B.A., Lake Forest College, 1980, with honors
  • New York
  • Illinois
  • Supreme Court of the United States
  • U.S. Court of Appeals for the Second and Third Circuits
  • U.S. District Courts for the Southern, Eastern and Northern Districts of New York
Overview
Honors
Experience
Publications & News
Memberships

Mr. Tillinghast is a partner and co-chair of the firm's Finance and Bankruptcy Practice Group. He is also regularly in our Shanghai office where he has continued to represent parties in restructurings and insolvency related litigations since 1997. 

Areas of Practice

Mr. Tillinghast specializes in corporate reorganizations, cross-border insolvencies, creditors’ rights and related litigation, distressed acquisitions and insolvency-related opinions.  He advises clients in many jurisdictions throughout Asia, Australia, Europe, Russia, South America and the United States, and has been counsel in cases in many courts, including the Supreme Court of the United States (Florida v. Nixon, Chase Manhattan Bank v. Traffic Stream Infrastructure, Rasul v. Bush) and cases in the Second and Third Circuit Courts of Appeal as well as many bankruptcy and district courts.

He has represented debtors, committees, institutional lenders, indenture trustees, and distressed asset purchasers. He has had major roles in chapter 11 cases including: American Airlines (special debtor counsel), Aloha Airlines (special debtor counsel), Carolco Pictures (acquiror), Del Biaggo (committee), Enron (creditor/asset acquiror), FGIC (indenture trustee), Friendly's (creditor), Hawker Beechcraft (committee member/indenture trustee), Hess Publishing (creditor/landlord), H J Kalikow & Co. (debtor), Huffy (committee member/acquiror), Lehman Brothers (creditor), Morgan Creek Productions (lenders), New Valley a|k|a Western Union (debtor), Powerwave Technologies (creditor/landlord), Riverstone Technologies (committee member/indenture trustee), TerreStar Networks (special committee counsel), Vectrix (debtor), and Venture Link (plan proponent).

  • Expert Guides: Leading Insolvency and Restructuring Lawyers, 2013, 2014
  • Legal 500 - Bankruptcy & Cross-border Restructuring, 2009, 2014, 2015
  • New York Super Lawyer - Bankruptcy & Creditor/Debtor Rights, Super Lawyers, 2007-2014
  • Chamber's Leading Financial Restructuring Lawyers in Asia, 2008
  • Deal.com Restructuring Deal of the Year for Huffy Corp., 2005

Representative Matters

United States

  • Board of Energy Conversion Devices in Madden, as chapter 11 Liquidation Trustee v. Avila, et al. litigation
  • Astrotech and Astral in Image Trends' chapter 11 case
  • Special Counsel to American Airlines in chapter 11 case
  • Wilmington Trust in Hawker Beechcraft's chapter 11 case
  • Angelo, Gordon in Friendly's, Powerwave Tehnologies, and Hess Publishing's chapter 11 cases
  • Société Générale Equipment Finance in Patriot Coal's chapter 11 case
  • Société Générale in Morgan Creek International Limited n/k/a Inverness Distribution Limited's chapter 11 and 15 cases
  • Mediterrean Shipping Company in AbitibiBowater's chapter 11 case
  • Special Counsel to Unsecured Creditors' Committee of TerreStar Networks
  • VPD in chapter 11 cases of Blockbuster, Musicland and Ultimate Acquisition
  • Vectrix Corp. in its chapter 11 case
  • U.S. Bank, National Association in FGIC reorganization and Riverstone Networks, Inc.'s chapter 11 case
  • The Bank of New York Mellon Trust Company and Norton Gold Fields Ltd. in Lehman Brothers' chapter 11 cases
  • Mediterranean Shipping Company in Chrysler Motors' chapter 11 case
  • DHL and Mediterranean Shipping Company in General Motors' and Kodak's chapter 11 case
  • Aloha Airlines in its chapter 11 and chapter 7 cases
  • Creditors' Committee in William James Del Biaggio III's chapter 11 case
  • ACDI in Circuit City's chapter 11 case
  • TCV Industrial as proposed purchaser of assets of Syntax-Brillian's chapter 11 case
  • St. Jude Medical Corp. in various hospital chapter 11 cases
  • China Export & Credit Insurance Corporation and several Chinese suppliers in Huffy Corporation’s chapter 11 case
  • Pacific Electric Wire & Cable Co. Ltd. in Venturelink Holding, Inc.'s chapter 11 case
  • Capital Sports Properties, Inc., as purchaser of Ottawa Senators National Hockey League Franchise and Corel Centre Stadium complex out of Canadian insolvency proceeding
  • JPMorgan Chase Bank, as indenture trustee, and ad hoc committee of note holders in chapter 11 case of Traffic Stream (BVI) Infrastructure Limited
  • Jomed, Inc. in connection with insolvency proceedings of its corporate parent company in the Netherlands
  • Marathon Oil Company, Marathon Ashland Petroleum and Pennaco Energy Corp. in Enron Corp.’s chapter 11 case as a substantial creditor and purchaser of liquified natural gas facility
  • Various former member firms of Andersen Worldwide Société Coopérative in Latin America, Asia, Australia, Europe and the Middle East
  • Scholastic Inc. in acquisition of school book inventory, intellectual property and publishing contracts of Troll Communications LLC's in chapter 11
  • CSM Inc. in acquisition of United Kingdom subsidiary and certain intellectual property of Country Home Bakers in chapter 11
  • SIA Engineering Company Pte Ltd. in the chapter 11 case of Tower Air, Inc.
  • Carvajal in the chapter 11 case of Ottenheimer Publishers
  • Bondholders in Global Crossing's chapter 11 case
  • Ad hoc committee of certificate holders in restructuring of Attala Generating Company
  • Marathon Oil in the chapter 11 case of Bethleham Steel
  • ORIX Real Estate in acquisition of substantial bond portfolio from chapter 11 debtor Criimi Mae, Inc.
  • United States Electrodynamics Inc. in chapter 11 case of ICO Global Communications Services, Inc.
  • Bondholders in connection with the restructuring and exchange offer for Anker Coal Group, Inc.
  • Tianjin Economic-Technological Development Area in chapter 11 case of MGM Commercial Co., Inc.
  • ING Lease International Equipment Management B.V., as the largest unsecured creditor and a member of the Unsecured Creditor's Committee in chapter 11 case of Pan American Airways (II).
  • Substantial vendor and creditor in chapter 11 case of WorldCom/MCI
  • Major European telecommunications company in restructuring its North American subsidiaries
  • Investors in the successful acquisition of an aviation parts manufacturer through a chapter 11 plan
  • Credit Commercial de France in chapter 11 proceedings of I.G. Services Limited and IWG Services Limited
  • Winstar Hong Kong Limited in acquisition of PSINet, Inc.’s Hong Kong assets in PSINet’s chapter 11 case
  • Hartford Aviation Corp. in Tower Air's chapter 11 case
  • Several Qualified Facilities and other creditors in Pacific Gas & Electric's chapter 11 case
  • Major aircraft lessors and lenders in Trans World Airlines, Inc. (II)
  • Sumitomo Bank as secured creditor in chapter 11 bankruptcies of two cogeneration plants in California
  • Committee of bondholders in chapter 11 case of Bookook Securities, Inc.
  • United States Electrodynamics, Inc. in chapter 11 case of Skyview Media Group, Inc., as a major provider of services
  • Major landlord in chapter 11 cases of Atlantic & Pacific Tea Company, Chrysler Motors, Just for Feet, Loehmann’s, Einstein Noah Bagel, Pathmark Stores, Innovation Luggage, and Caldor.
  • The Singaporean administrator of Micropolis Singapore in chapter 11 case of Micropolis USA, Inc., a computer hardware manufacturer and supplier
  • A Trend Technologies in Neon Technologies, Inc.'s chapter 11 case
  • Nu-kote International in chapter 11 case for intellectual property, anti-trust and related bankruptcy issues
  • Canal+ in its acquisition of the worldwide film library of chapter 11 debtor Carolco Pictures, Inc.
  • New Valley Corporation f/k/a Western Union Corporation in its reorganization, and claims objections and litigation
  • Major lender in the United States and the United Kingdom insolvency cases involving Maxwell Communications

Latin and South America

  • France Telecom in liquidation of its joint venture interests in Argentina

Australia

  • Major bondholder in Burns Philp administration

Asia

  • Noteholder’s ad hoc committee and JPMorgan Chase Bank, as indenture trustee, in litigation and arbitrations concerning US$119 million of senior secured notes issued by Traffic Stream (BVI) Infrastructure Limited in Hong Kong, the People’s Republic of China and the United States
  • Noteholder’s ad hoc committee and JPMorgan Chase Bank, as indenture trustee, in the restructuring and multi-jurisdiction winding up of the issuer of US$288 million of senior notes issued by Greater Beijing First Expressways Limited in proceedings in Hong Kong, the People's Republic of China and the British Virgin Islands
  • Bondholder in litigation concerning Indofoods in the United Kingdom
  • Noteholder's ad hoc committee and The Bank of New York, as indenture trustee, in the restructuring of US$260 million bond issue of P.T. Datakom Asia and related litigation in the United Kingdom and Indonesia
  • Creditor in Aoki Corporation’s reorganization in Japan
  • Lloyd’s Syndicates and XL Reinsurance America Inc. in reorganization of Taisei Fire and Marine Insurance Company Limited in Japan
  • Bank debt holder in bankruptcy of Thai Oil Company in Thailand
  • Ad hoc Subordinate Noteholder’s Committee in the restructuring of Zhuhai Highway Company Limited’s US$115 million of subordinate notes in the People's Republic of China and the United States
  • A group of South Korean banks in the Guangdong International Trust and Investment Corp. (GITIC) bankruptcy case in the People's Republic of China

Europe

  • Stalexport SA in the negotiation and implementation of the restructuring of Stalexport SA's US$50 million 4½% Convertible Bond due 2002 in the context of Stalexport SA's arrangement proceedings concerning unsecured creditors, and its debt equity conversion in the United Kingdom and Poland
  • TIAA-CREF in the insolvency proceedings of Fairchild Dornier Luftfahrt Gmbh in  Germany

Articles

  • Steering Clear of Global Supply Chain Pitfalls, Network, 2012 Vol. III
  • Insolvency Solutions in Emerging and Developing Markets, Adapting Changes in Bankruptcy Law, Aspatore, 2009
  • Selectivity + Formal Training + Day-to-Day Feedback on Serious Work = Improved Attorney Retention, New York Law Journal Magazine, May 1, 2008
  • Ethanol Restructuring On The Horizon, Energy Law360, October 16, 2007
  • Co-Author of CCH’s treatise entitled Asia Pacific Insolvency & Restructuring Regimes
  • Chapter on Japan in Insolvency & Restructuring
  • Articles in the New York Law Journal

Bankruptcy & Restructuring Law Blog Posts

Speaking Engagements

  • University of Toronto, Faculty of Law, Graduate L.L.M. Course on International Insolvency, Adjunct Professor, July 2015
  • International Insolvency Institute's Annual Conference, "Restructuring Cross-Border Debt in Asia and Use of UK and US Legislative Regimes," June 2015
  • Harvard Business School Conference, "The Chinese Economy: China's Changing Economy and Emerging Issues in Corporate Restructuring," March 1, 2015
  • "Insolvency Regimes and Restructuring — Is A Country’s Labor Policy A Driving Force," International Insolvency Institute, Mexico City, Mexico, June 2014
  • "United States Bankruptcy Code Overview," October 2013 and June 2014
  • "Real Estate Bankruptcy Issues," October 2013 and February 2014
  • "An Acquisition of U.S. Companies in Bankruptcy: How Companies Can Successfully Acquire Valuable Assets Through U.S. Bankruptcy Proceedings," Chamber of Commerce, Seoul, South Korea, December 2013
  • "Cross-Border and Chapter 15 Insolvency Issues: Overview of Chapter 15 of the United States Bankruptcy Code and Cross-Border IP Issues," Seoul, Korea, December 12, 2013
  • "Working Magic: How Chinese companies Can Successfully Acquire Valuable Assets Through U.S. Bankruptcy Proceedings," American Chamber of Commerce, Beijing, China, December 2013
  • "Intellectual Property Issues Under the U.S. Bankruptcy Code," American Chamber of Commerce, Beijing, China, December 2013
  • "Intellectual Property Issues Under the U.S. Bankruptcy Code," American Chamber of Commerce, Shanghai, China, December 2013
  • Breakfast With Your Finance & Bankruptcy Lawyers, "Enforcement of Judgments - Between Contract Enforcement and Bankruptcy," October 31, 2013
  • Breakfast With Your Finance & Bankruptcy Lawyers, "Intellectual Property Issues in Bankruptcy: Assumption and Assignment, Distinctions Between Patents, Copyrights and Trademarks, Distressed Acquisitions and How to Protect Your IP," June 11, 2013
  • Breakfast With Your Finance & Bankruptcy Lawyers, "Real Estate Bankruptcy Issues: Cash Collateral, the Automatic Stay, Assignments of Rent, Lease Assumption and Rejection and Plan Issues," April 12, 2013
  • Lunch With Your Finance & Bankruptcy Lawyers, "Real Estate Bankruptcy Issues: Cash Collateral, the Automatic Stay, Assignments of Rent, Lease Assumption and Rejection and Plan Issues," April 8, 2013
  • "Current Developments: Intellectual Property in U.S. Bankruptcy Cases and Chapter 15 Trends," TerraLex-European Bankruptcy/Insolvency Practice Group Meeting, Barcelona, Spain, March 2013
  • Breakfast With Your Finance & Bankruptcy Lawyers and Robert Rauch of Gramercy, "Lessons from Vitro: Chapter 15 is Not a Rubber Stamp for Bad Policy," February 22, 2013
  • Breakfast With Your Finance & Bankruptcy Lawyers, "The Future Of Metavante And Its Impact On New Financings Supported by Hedges," January 16, 2013
  • Bisnow FedTech Forum, "Contracting with Uncle Sam When Budgets Get Tight," October 10, 2012
  • International Insolvency Institute's 11th Annual International Insolvency Conference, New York, NY, "Getting Your Money out from Behind the Great Wall"
  • Realizing Value through Distressed Investments in Italy, "Navigating a Course through the Italian, U.S. and Cross-Border Regimes," June 15, 2011
  • Addressing the Issues Raised by Bankruptcies of Your Vendors & Distributors, Third Thursday Emerging Company Webinars, July 15, 2010
  • Realizing Value Through Insolvency and Cross-Border Proceedings in Mexico, February 24, 2009
  • 3rd Annual Distressed Debt & Restructurings Conference, January 28, 2008
  • International Insolvency Institute Symposium, New York, NY, "Restructuring Distressed Debt in China"
  • IATA Legal Symposium, Bangkok, Thailand, "Dealing With Airline Insolvencies in 2009 and Beyond"
  • Distress Debt & Restructurings, Frankfurt, Germany, "Emerging Markets: Focus on China--Exploring Opportunities While Avoiding the Pitfalls"
  • Financial Research Associates and Legal Education Associates, New York, NY, "Financial Restructuring in the International Arena"
  • Inter-Pacific Bar Association, Beijing, China, "The Challenges and Measures in Achieving a Successful Debt Restructuring in China", "The Changing Face of Legal Practice & the Entry of Foreign Law Firms", and "Case Study on Crude Palm Oil-Supplies"
  • Institutional Investor, New York, NY, "U.S. Turnaround Management & Distressed Investing: Maximizing Opportunities in Emerging Markets: Brazil, Russia, India and China"
  • INSOL 2005 Seventh World Congress, Sydney, Australia, "Formal Reorganisations"
  • Canada-China Chamber of Commerce, Beijing, China, "A Tale of Two Realities: Exercising Enforcement Remedies on Investments in China"
  • China Business Counsel, Beijing, China, "Distressed Asset Acquisitions in the United States"
  • Peking University School of Law, Beijing, China, "The United States Bankruptcy Code: An Overview"
  • Legal Education Associates, New York, NY, "Benchmarking for Law Firms"
  • Association of the Bar of the City of New York, New York, NY, "Post-WTO China -- Exercising Enforcement Remedies on Investments in China: Greater Beijing First Expressways -- the First Judicial Liquidation of a Chinese Joint Venture"
  • Washington Satellite Association, Washington, D.C., "Satellite Company Bankruptcies: Common Issues Confronting Operating Companies and Vendors"
  • District of Columbia Bar Association/International Monetary Fund, Washington, D.C., "Restructuring Troubled International Projects"
  • AIJA Annual Congress, Sydney, Australia, "Officer's and Director's Liabilities in the Zone of Insolvency"
  • USAID/World Bank, Timisoara, Romania, "Syndic Judge Training Seminar -- A Model Plan for Restructuring Insolvent Companies"

Events

  • Inwood House Corporate Advisory Board
  • International Insolvency Institute
  • American Bankruptcy Institute
  • INSOL