Biography

Mr. Griffiths was previously seconded to KKR Credit and embedded as a desk lawyer supporting the global Special Situations team, where he covered existing portfolio investments within the Special Situations Funds, and supported new investments focused primarily on capital structure or broader market dislocation, specifically rescue financing/recapitalizations, distressed for control trades, and secondary distressed and opportunistic investments.
As company counsel, Mr. Griffiths has been actively involved in the restructurings of Westinghouse Electric Company, Golfsmith, CHC Helicopters, MBIA, MF Global, General Motors/Motors Liquidation Company and Uno Restaurants.
On the creditor side, Mr. Griffiths represented:
- The ad hoc group of noteholders of Violin Memory, Inc. (including Soros Fund Management, Jefferies, Phoenix Asset Management, Nokota Management and Silverback Asset Management) in connection with the company’s strategic planning and subsequent chapter 11 proceedings.
- An ad hoc group of unsecured noteholders in SandRidge Energy, Inc. in connection with the company’s strategic planning and subsequent chapter 11 proceedings (including Fir Tree Partners, Solus Alternative Asset Management, Paulson & Co., and Akanthos Capital Management).
- The ad hoc group of opco noteholders of Seventy Seven Energy, Inc. (BlueMountain Capital Management, Axar Capital and Mudrick Capital) in their acquisition of the company through a plan of reorganization.
- An ad hoc group of noteholders in connection with indenture defaults of Valeant Pharmaceuticals.
- Large real estate funds in the chapter 15 proceedings of Irish Bank Resolution Corporation.
Mr. Griffiths has also been actively involved in out-of-court restructurings of distressed businesses, including representing:
- The steering committee of term loan lenders to Things Remembered, Inc. in their acquisition of the company through an out-of-court debt-to-equity conversion.
- Berkshire Partners and portfolio company Engineering Solutions & Products in the out-of-court restructuring of this defense company.
Mr. Griffiths regularly represents buyers of assets in chapter 11 proceedings, including representing:
- Soros Fund Management in the bankruptcy auction for and subsequent acquisition through a plan of reorganization of Violin Memory, Inc.
- Brookfield Asset Management in its successful bid for Revel casino through the company’s chapter 11 auction.
Mr. Griffiths also represents first lien lenders in distressed scenarios, including representing TerraMar Capital and Trive Capital as senior lenders to Fansteel, Inc. in the company’s chapter 11 proceedings.
Mr. Griffiths’ corporate experience includes representing General Electric Company in its strategic plan to sell most of GE Capital’s assets.
On the capital markets side, Mr. Griffiths assisted Synchrony Financial (GE Capital’s North American retail finance business), one of the premier consumer financial services companies in the United States and the largest provider of private label credit cards in the United States based on purchase volume and receivables, in its approximately $2.95 billion initial public offering, and related $3.6 billion debt offering.
Mr. Griffiths provides commercial, legal, and strategic advice on cross-border issues to clients in stressed and special situations, including on the company side to large and medium-size businesses in need of restructuring; on the creditor side to hedge funds investing in distress businesses and representing them through workout situations; to investors seeking to acquire assets of businesses in 363 auctions; and to financial advisors, trustees, administrators, and directors in the restructuring space.
Mr. Griffiths has significant multi-jurisdiction experience on transactions in New York, London, Delaware, Texas, Iowa, Puerto Rico, Hong Kong, and Beijing, and was previously based in Weil’s London office.
Mr. Griffiths also spends a significant amount of time on pro bono and charitable activities. Most recently, Mr. Griffiths worked in Haiti under the auspices of the Organization of American States on a disability rights project financed by USAID, training Haitian government ministers, civil servants, and judges on the implementation of the UN Convention on the Rights of Persons with Disabilities. Mr. Griffiths is also the founder and trustee of international adventure charity Go Help, which runs long-distance expeditions such as the Mongolia Charity Rally, Roof of the World Charity Rally, and MesoAmerica Charity Rally. Mr. Griffiths also advised the UN World Food Programme on the world's first humanitarian weather derivative transaction, and previously worked for the United Nations International Criminal Tribunal for Rwanda in Arusha, Tanzania.
Awards and Recognition, Speaking Engagements, Guides and Resources, Firm News & Announcements, Latest Thinking
Awards and Recognition
- David Nigel Griffiths Named 2019 Rising Star for Bankruptcy by Law360 Award Brief — Law360 2019
- Two Weil Partners Named Among Turnarounds & Workouts’ Outstanding Young Restructuring Lawyers for 2019 Award Brief — Turnarounds & Workouts
Firm News & Announcements
- Two Weil Partners Named Law360 Rising Stars in 2019 Firm Announcement — September 09, 2019
- Two Weil Partners Named Among Turnarounds & Workouts’ Outstanding Young Restructuring Lawyers for 2019 Firm Announcement — April 15, 2019
Latest Thinking
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Momentive Noteholders Entitled to “Process Efficient” Market Interest Rate on Cramdown Replacement Notes
Blog Post — Weil Bankruptcy Blog
— By
David Nigel Griffiths
— April 24, 2019
Judge Drain has now issued a long-awaited Order on Remand from the Second Circuit’s decision in Momentive Performance Materials determining the appropriate cramdown interest rate applicable to replacement notes issued by Momentive. ...
- A Cautionary Tale for Claims Traders and Other Contract Counterparties Oxford Blog Post — Oxford Business Law Blog — By David Nigel Griffiths — October 23, 2018
- A Cautionary Tale for Claims Traders and Other Contract Counterparties Oxford Blog Post — Harvard Law School Bankruptcy Roundtable — By David Nigel Griffiths — October 16, 2018
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Second Circuit Allows Efficient Market Interest Rates For Cramdown Loans
Blog Post — Weil Bankruptcy Blog
— By
David Nigel Griffiths
— October 23, 2017
The United States Second Circuit has issued its ruling in the Momentive Performance Materials cases resolving three separate appeals by different groups of creditors of Judge Bricetti’s judgment in the United States District Court of the Southern District of New York, which affirmed Judge Drain’s confirmation of Momentive’s plan of reorganization. […] ...
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BREAKING NEWS: Structured Dismissals Survive Supreme Court Scrutiny, Strict Adherence to Absolute Priority Rule Specified
Blog Post — Weil Bankruptcy Blog
— By
David Nigel Griffiths
— March 23, 2017
Good news: structured dismissals have survived Supreme Court scrutiny. Bad news: dismissals may be harder to structure, given yesterday’s 6-2 decision overruling the Third Circuit in Jevic narrowing the context in which they can be approved. We now have guidance on whether or not structured dismissals must follow the Bankruptcy Code’s […] ...