Most recently, Mr. Fail was named a “Rising Star” for Restructuring and Insolvency in the U.S. by IFLR1000 in 2019 and 2020. In 2019, he was named a Next Generation Partner by Legal 500. He was named to Benchmark Litigation’s 40 & Under 40 for three consecutive years from 2016 through 2018, and has received the M&A Advisor 40 Under 40 Recognition Award and the Turnarounds & Workouts Outstanding Young Restructuring Lawyers Award. In 2017, Mr. Fail was awarded Turnaround of the Year: Mega Company by Turnaround Management Association for his work on the restructuring of Aéropostale Inc. In 2016 he was named to “40 Under 40 Insolvency and Restructuring Lawyers” by Global Restructuring Review.
- Sears Holdings Corporation and its affiliates, in one of the largest retail chapter 11 cases in history. At the time of commencing its cases, Sears was one of the largest retailers in the world with more than 68,000 employees and approximately $6 billion in debt.
- LBI Media Inc. and its affiliates, one of the nation’s largest Spanish-speaking television and radio broadcasting and media companies, in their prearranged chapter 11 cases.
- Westinghouse Electric Company LLC and its affiliates, a globally recognized nuclear power company, in its unprecedented chapter 11 cases involving liabilities in excess of $9 billion. Westinghouse’s chapter 11 cases have been recognized as the 2019 Restructuring Deal of the Year in its sale to Brookfield Partners L.P. by The M&A Advisor.
- Aéropostale, Inc. and its affiliates, a retail clothing company which had locations in all 50 states, 17 countries internationally and approximately 20,000 employees, in connection with their chapter 11 cases. Aéropostale’s chapter 11 has been recognized as the 2017 Section 363 Sale of the Year and the Restructuring Deal of the Year by The M&A Advisor.
- The Great Atlantic & Pacific Tea Company (A&P) and its affiliates, in their 2015 chapter 11 cases. At the time of commencing its cases, A&P had more than 28,500 employees at stores throughout the northeastern United States and listed $1.6 billion in assets and $2.3 billion in debt.
- Lehman Brothers Holdings Inc. and its affiliates, the fourth largest investment bank in the world, in filing and prosecuting the largest chapter 11 cases in history.
- Southern Air Holdings Inc., a cargo airline, in connection with its prearranged chapter 11 cases to restructure approximately $295 million in secured debt.
- The New York Racing Association (NYRA), the non-profit owner and operator of New York State’s premier thoroughbred racetracks, Belmont, Saratoga and Aqueduct, in connection with its chapter 11 case to restructure and resolve disputes with the State of New York and various of its agencies.
- Galvex Holdings Ltd. and its affiliates, which owned and managed the largest independent steel galvanizing facility in Europe, among the largest U.S. investments in the Baltic Region, in connection with their chapter 11 cases.
- Parmalat USA Corp, Farmland Dairies, and their affiliates, a market leader in processing, packaging, and sale of fresh milk and other food and beverage products, in their chapter 11 cases.
- Twinlab Corporation and its affiliates, leading manufacturers and marketers of brand name and private label nutritional supplements, in their chapter 11 cases to resolve mass tort and other liabilities related to the sale of ephedra products.
- The Kroger Co., as prepetition secured lender in the chapter 11 cases of Lucky’s Market Parent Company, LLC, a natural and organic grocery retailer with locations across eleven states.
- Gavilan Resources, LLC, an interested party in the chapter 11 cases of Sanchez Energy Corp., an independent exploration and production company focused on the acquisition and development of onshore unconventional oil and natural gas resources in the U.S.