Daniel J.Merrett (Dan)

Partner

Atlanta + 1.404.581.8476

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Dan Merrett has substantial experience representing clients in some of the most significant corporate and municipal restructurings in recent years. He represents companies across a variety of industries, municipalities, secured lenders, unsecured creditors, potential purchasers, and other significant constituencies in distressed situations, with a particular focus on representing debtors and other key constituencies in chapter 11 proceedings.

Among Dan's recent representations, he served as counsel to M&G USA Corporation and eight affiliates in their chapter 11 cases, including the successful sale of the debtors' partially constructed polyethylene terephthalate plant with a deal value in excess of $1 billion. He also recently represented Georgia Power Company, on behalf of itself and the other owners of the Alvin W. Vogtle nuclear power plant, in connection the chapter 11 cases of contractor Westinghouse Electric Company and its affiliates. Previously, Dan played a leading role as debtors' counsel in the chapter 11 cases of Alpha Natural Resources, one of the country's largest coal companies, and in the successful prepackaged chapter 11 case of aftermarket automotive distributor, Transtar Holding Company. He was also an important member of the restructuring teams in the historic bankruptcies of the City of Detroit and Chrysler.

Dan has written and presented extensively on bankruptcy topics. His articles have been published in the Norton Journal of Bankruptcy Law and Practice, the Emory Bankruptcy Developments Journal, and Pratts Journal of Bankruptcy Law, among other authorities.

Experience

  • OmniMax to sell Euramax Coated Products to ParcomJones Day is advising OmniMax International, Inc. in the sale of its Euramax Coated Products Business, a provider of aluminum coil coating services to the architectural products, recreational vehicles, and transportation markets, to Parcom Capital.
  • Exide Technologies completes $1.1 billion comprehensive new financing and recapitalizationJones Day represented Exide Technologies, a global leader in stored energy solutions for the automotive and industrial markets, in connection with a comprehensive new financing and recapitalization transaction.
  • M&G debtors confirm chapter 11 plan of liquidation and close sale of Corpus Christi plant for $1 billionOn December 17, 2018, the United States Bankruptcy Court for the District of Delaware entered an order confirming the Third Amended Plan of Liquidation (the "Plan") of Jones Day client M&G USA Corporation and eight of its affiliates (the "M&G Debtors"), which prior to the chapter 11 filing, were, along with their affiliates in Mexico, Brazil and Europe, one of the largest producers of polyethylene terephthalate resin – used for packaging applications – in the world. On December 28, 2018, after receiving antitrust approval, the M&G Debtors closed the sale of their partially constructed manufacturing facility in Corpus Christi, Texas, (the "Corpus Christi Plant") with a deal value in excess of $1 billion.
  • Smith & Nephew acquires Rotation Medical Inc. for up to $210 millionJones Day advised Smith & Nephew plc in its acquisition of Rotation Medical Inc., a developer of a novel tissue regeneration technology for shoulder rotator cuff repair, for an initial cash consideration of $125 million and up to $85 million over the next five years, contingent on financial performance.
  • Alpha Natural Resources plan confirmed by U.S. Bankruptcy CourtOn July 12, 2016, the United States Bankruptcy Court for the Eastern District of Virginia entered an order confirming the Second Amended Joint Plan of Reorganization of Alpha Natural Resources, Inc. and 148 of its debtor affiliates, less than one year after Alpha, one of the largest coal companies in the United States, entered chapter 11 with liabilities of approximately $7.1 billion amidst the most challenging economic environment for coal producers in decades.
  • Alpha Natural Resources plan goes effective; Sale of certain assets to Contura Energy Inc. closesJones Day represented Alpha Natural Resources Inc., which emerged from bankruptcy on July 26, 2016, less than one year after the commencement of its chapter 11 cases.
  • Alpha Natural Resources sells Pennsylvania Land ResourcesJones Day assisted Alpha Natural Resources in the $339.5 million sale of certain oil and natural gas assets in Southwest Pennsylvania to Vantage Energy Appalachia II, LLC in connection with Alpha's chapter 11 cases.
  • Birch acquires Primus Telecommunications assets in CanadaJones Day advised Birch Communications, Inc. in its acquisition of select assets and customers of Primus Telecommunications Canada Inc. and its affiliates.
  • SP Fiber acquired by WestRock for $288.5 millionJones Day advised SP Fiber Holdings, Inc. in the sale of the company, a producer of recycled containerboard and kraft and bag paper with mills located in Dublin, Georgia, and Newberg, Oregon, to WestRock Company for $288.5 million.
  • Alpha Natural Resources closes $692 million DIP financing packageJones Day represented Alpha Natural Resources Inc. ("ANR"), a large diversified coal supplier, and substantially all of its subsidiaries in connection with their $692 million debtor-in-possession superpriority secured financing arrangement.
  • AFA Foods retains Jones Day in chapter 11 casesJones Day represents AFA Foods, Inc. and eight affiliated entities ("AFA") in their chapter 11 cases, which were filed in the United States Bankruptcy Court for the District of Delaware.
  • City of Detroit's chapter 9 plan of adjustment confirmedJones Day served as lead restructuring counsel to the City of Detroit in connection with its chapter 9 bankruptcy case filed in July 2013 and its ongoing restructuring efforts.
  • City of Detroit obtains $120 million post-petition bond financing in chapter 9 proceedingsJones Day represented the City of Detroit in connection with a $120 million post-petition bond financing in the City's on-going chapter 9 bankruptcy proceedings.
  • Jefferson County, Alabama files largest municipal bankruptcyJones Day represents National Public Finance Guarantee Corporation ("National") with respect to the enforcement and protection of National's rights and remedies in connection with the November 2011 chapter 9 municipal bankruptcy filing by Jefferson County, Alabama.
  • Chrysler sold to Fiat-led "New Chrysler" after historic court proceedingsAfter a historic battle all the way to the United States Supreme Court, Chrysler LLC sold substantially all of its assets to Fiat-led "New Chrysler" (Chrysler Group LLC) on June 10, 2009, providing the opportunity for its iconic brands and U.S. operations to survive.
  • Georgia Gulf completes successful debt-for-equity exchangeJones Day represented Georgia Gulf Corporation in its successful exchange of 92% of the aggregate outstanding principal amount of $736 million owing in respect of three series Senior Notes.
  • MBIA Insurance is secured creditor in Forum Health chapter 11 caseJones Day represented MBIA Insurance Corporation ("MBIA") as a secured creditor in the chapter 11 cases of Forum Health and its affiliated debtors (together, "Forum" or the "Debtors").
  • Black Diamond Mining files bankruptcyJones Day represented Black Diamond Mining Company and its affiliated debtors, producers of up to 2 million tons per year of steam coal in Eastern Kentucky, in their chapter 11 restructuring.
  • Dana Corporation successfully reorganizes in U.S. and U.K. in "Deal of the Year"Jones Day advised Dana Corporation and 40 of its U.S. subsidiaries in their reorganization under chapter 11 of the Bankruptcy Code in the U.S. Bankruptcy Court for the Southern District of New York.
  • MPS Group acquires Ensemble Chimes businessJones Day represented MPS Group, Inc. and certain of its affiliates as the purchaser of the Ensemble Chimes Global business from the Axium International debtors in their Chapter 7 bankruptcy cases in the Central District of California.
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    August 2020 Newsletters

    Bolstering the Majority Rule: Bankruptcy Court Holds that Adjudication of Avoidance Liability Is Prerequisite to Disallowance of Transferee's Claim Under Section 502(d)

    August 2020 Newsletters

    Business Restructuring Review | July–August 2020

    December 2019 Newsletters

    First Impressions: 9th Circuit Rules that Notice of Proposed Substantive Consolidation Must Be Given to Creditors of Non-Debtor

    December 2019 Newsletters

    Business Restructuring Review Vol. 18 No. 6 | November–December 2019

    August 2019 Newsletters

    Business Restructuring Review July-August 2019

    August 2019 Newsletters

    Washington District Court Overturns Approval of Third-Party Releases in a Settlement Agreement and Related Free-and-Clear Sale

    July/August 2017 Jones Day Publications

    Two Recent Decisions Demonstrate Continued Disagreement Over Whether Economic Value or Face Amount of Liens Is Appropriate Metric in Authorizing Free and Clear Bankruptcy Sale

    November/December 2011 Jones Day Publications

    Second Circuit Settles the Meaning of Settlement Payments Under Section 546(e) of the Bankruptcy Code

    August 2011 External Publications

    Pensions and Chapter 9: Can Municipalities Use Bankruptcy to Solve Their Pension Woes?, Emory Bankruptcy Developments Journal, 27 Emory Bankr. Dev. J. 365 (2011)

    May/June 2010 Jones Day Publications

    A Claim by Any Other Name: Court Disallows 503(b)(9) Claims Under Section 502(d)
    View All

    Additional Publications

    • December 2016
      Taking Stock: United States Supreme Court Presented With Opportunity to Settle Meaning of Section 546(e), Norton Journal of Bankruptcy Law and Practice, 25 No. 6 J. Bankr. L. & Prac. NL Art. 1 (December 2016)
    • May 2012
      Safe Harbor Supernova: Is Section 546(e)'s Stellar Protection of Private LBO Transactions About to Burn Out?, Norton Journal of Bankruptcy Law and Practice, 21 J. Bankr. L. & Prac. 3 Art. 1 (May 2012)

    Speaking Engagements

    • January 13, 2017
      Sherlock Holmes and Ethical Rules Addressing Discrimination: A Cinematic Journey, Jones Day CLE Academy
    • April 23, 2015
      The Decline and Rebirth of Detroit
    • 1/24/2012
      Urban Fellows of Georgia State University and Georgia Institute of Technology
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