D. Farrington Yates

Partner

D. Farrington Yates is co-head of SNR Denton's US Restructuring and Insolvency practice. He has extensive experience representing clients in complex and sophisticated bankruptcy and restructuring proceedings. Farrington has been engaged in international bankruptcy matters and cross-border insolvencies worldwide. He has built his career on finding creative yet pragmatic solutions for his clients.

As opposed to focusing his practice in just one area, Farrington has represented successfully debtors, creditors, shareholders, indenture trustees, official committees, asset purchasers, investors, foreign representatives and office holders in bankruptcy proceedings. As a result, he understands the competing interests of multiple constituents during the restructuring process. This understanding helps him to anticipate issues or problems for clients and then to navigate through them to successful conclusion. Farrington diligently pursues courses of action to achieve the maximum return to his clients.

Representative Experience

• Defense of Swiss private banks in avoidance and recovery actions brought in the British Virgin Islands and the United States by the liquidator of Fairfield Sentry Limited and feeder funds related to Bernard L. Madoff Investment Securities.
• Representation of the German Insolvency Administrator for Lehman Brothers Bankhaus AG (in Insolvenz) in U.S. Chapter 15 proceedings and as a creditor in the U.S. Chapter 11 proceedings of Lehman Brothers Holdings, Inc., et al.
• Representation of the trustees of a U.K. pension scheme in the Chapter 11 proceedings of Sea Containers, Ltd.
• Representation of the Official Committee of Equity Security Holders in the Chapter 11 proceedings of Interstate Bakeries Corporation.
• Representation of the Official Committee of Unsecured Creditors in the Chapter 11 proceedings of WHX Corporation.
• Defense of a wireless telephone concern against an involuntary bankruptcy proceeding filed by dissident minority shareholders, resulting in the dismissal of the case and resolution of underlying litigation with the minority shareholders. Farrington obtained bankruptcy court approval of a multimillion-dollar capital infusion and loan to the concern during the "gap period."
• Representation of the manufacturer of high-brightness LEDs and semiconductors as a debtor in Chapter 11 proceedings to facilitate the acquisition of its assets by an equity fund purchaser.
• Representation of a national fast-food franchisee as a debtor in Chapter 11 proceedings, culminating in a confirmed plan of reorganization.
• Representation of a substantial creditor in the ancillary bankruptcy proceedings of a financially troubled Asian airline, including opposition to and the eventual trial of the debtor's request for injunction to prevent creditors from pursuing assets in the United States.

Honors and Awards

Farrington has been named a Fellow of INSOL International, a worldwide federation of national associations for accountants and lawyers who specialize in turnaround and insolvency.This award is in recognition of his expertise in cross-border insolvency matters. A Fellow must have successfully completed INSOL International's Global Insolvency Practice Course, an LL.M.-level program that teaches participants the underlying principles, statutes, regulatory frameworks and insolvency restructuring regimes in countries around the globe. Graduates are skilled in the tools needed for recognition of insolvency proceedings in multiple jurisdictions, including the UNCITRAL Model Law on Cross-Border Insolvency, the European Community Regulation on Insolvency Proceedings and Chapter 15 of the United States Bankruptcy Code.

Organizations

• American Bar Association, including its Business Bankruptcy Committee and International Bankruptcy Subcommittee
• American Bankruptcy Institute
• INSOL International
• American College of Investment Counsel (ACIC)

Publications

Farrington is a published author in a variety of bankruptcy publications. His work has led to the following published opinions:

• Nevada Power Co. v. Calpine Corp., 365 B.R. 401, S.D.N.Y., 2007
• Interbulk, Ltd. v. Louis Dreyfus Corp., 240 B.R. 165, Bankr. S.D.N.Y., 1999

He has also contributed to the following publications:

• "Lack of Direction: Flaws in the Model Law," Corporate Rescue and Insolvency, Vol. 5, April 2012
• "United States Bankruptcy Court Limits Extraterritorial reach of Automatic Stay in chapter 15 Proceedings," Corporate Rescue and Insolvency, Vol. 4, February 2011

Presentations

• "Is the United States Becoming the Preferred Collection Destination for Offshore Estates? The Lessons Learned from Madoff, Fairfield Sentry and Stanford," Insolvency Lawyers Association (UK), March 24, 2012
• "International and Comparative Insolvency Law," INSOL International Academics Group Meeting, Singapore, 2011
• "International Case Law Update - LyondellBasell Industries A.F.; Essential Features of a Financial Restructuring Under US Chapter 11 and Suitability for Import to Europe," R3/INSOL Europe Cross-Border Insolvency and Restructuring Conference, June 11, 2010
• "The Workout of GM and Chrysler," 7th Annual Review of Insolvency Law Conference, University of British Columbia, February 5, 2010
• "Current Issues in the Use of Limited Liability Companies," The Samuel and Ronnie Heyman Center on Corporate Governance, Benjamin N. Cardozo School of Law
• "Discharge and Dischargeability," Practising Law Institute

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