Andrew Parlen

Andrew Parlen is a partner in O’Melveny’s New York and Los Angeles offices and a member of the Restructuring Practice. He specializes in creative, responsive, multidisciplinary solutions to his clients’ financial challenges and strategic priorities. Whether representing a business fighting to remain solvent, an equity holder protecting its interests, a creditor pursuing its claims, or an acquirer buying distressed assets, Andrew understands that clients require flexible, individually tailored guidance to navigate the fluid, fast-evolving restructuring field. He has represented companies, investment funds, and lenders in high-profile chapter 11 proceedings. He has also helped clients through prepackaged bankruptcies and out-of-court restructurings, devising and implementing value-maximizing strategies that spare them the disruption, expense, and publicity that may accompany an in-court proceeding.

For his ability to craft complex and innovative solutions that win broad support even in the most contentious circumstances, Law360 named Andrew a 2013 “Rising Star”—one of just five bankruptcy attorneys under 40 nationwide to be recognized. These accomplishments, combined with his commitment to LGBT equality, also earned Andrew a “Best LGBT Lawyers Under 40—Class of 2013” award from the National Lesbian, Gay, Bisexual, and Transgender Bar Association. Within O’Melveny, he is the recipient of a Warren Christopher Values Award, an honor bestowed on those who exemplify the Firm’s legacy of excellence, leadership, and citizenship.

The following matters illustrate the breadth of Andrew’s experience:

Company Representations:

Served as debtors’ counsel to one of the nation’s largest subprime mortgage lenders, helping it achieve a global settlement with all financial institution creditors and confirm a chapter 11 plan in a little more than a year.
Played an integral role in implementing a distressed homebuilder’s out-of-court restructuring through an exchange offer, which allowed the company to avoid the bankruptcy that many viewed as inevitable.
Navigated complex privacy laws and government funding regulations while guiding a community mental health clinic through chapter 11, a representation that resulted in the sale of the provider without disruption to critical client services.

Sponsor & Equity Holder Representations:

Advised a real estate-focused private equity fund on the disposition of distressed gaming and hospitality properties, with focus on fund-level CMBS, guarantor, and fiduciary issues.
Represented an equity committee consisting of investors in a real estate lending and loan servicing investment fund, recovering nearly 70% of constituents’ fraudulently managed investments.

Creditor Representations:

After prevailing in an adequate-protection dispute with junior lenders, achieved full recovery for first lien lender in the chapter 11 case of a large movie and game rental company.
Guided the largest licensee of a national retailer of specialty consumer products through the retailer’s chapter 11, successfully litigating license dispute and coming to terms with purchaser of the retailer’s trademark.

Purchaser Representations:

Advised a stalking horse in its winning bid for the assets of a leading human genetics biotech company.
Formulated and negotiated a high-tech energy producer’s successful “section 363” bid for the assets of a window and door manufacturer.
In a prearranged bankruptcy of a producer of clean-burning diesel fuel, represented stalking horse bidder in providing DIP financing and purchasing debtor’s assets.

Litigation Matters:

Won the dismissal, with prejudice, of fraudulent transfer and preference claims against an independent film production studio.
Prevailed in bankruptcy court, district court, and court of appeals on behalf of debtors seeking approval of distress termination of their defined benefit pension plans.

Good to know

Areas of Practice 1) Restructuring, 2) Distressed Mergers and Acquisitions, 3) Banks and Investment Banks, 4) Biotechnology, 5) Entertainment and Media, 6) Industrial Manufacturing and Facilities, 7) Private Equity, 8) Ports, 9) Rail, 10) Roads, 11) Maritime Transport and 12) Shipping and Logistics
Law School Harvard Law School, J.D.
Education University of California at Berkeley, A.B.
Bar Member / Association California State Bar Association
Most recent firm O Melveny & Myers LLP
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