Daniel regularly helps clients navigate large-scale, complex, corporate bankruptcies, cross-border restructurings and a variety of special distressed transactions across industries. Daniel currently serves on the Complex Case Panel to promulgate rules and procedures for the United States Bankruptcy Court for the Northern District of Georgia (Atlanta Division).

Daniel regularly lectures and publishes articles on restructuring topics, and has led several seminars held by leading industry organizations, including Turnaround Management Association. While in law school, Daniel served on the Duke Law Journal.

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• Represents LaVie Care Centers, LLC and 281 affiliates in connection with their pending chapter 11 cases in the United States Bankruptcy Court for the Northern District of Georgia
• Represented the Official Committee of Unsecured Creditors in Robertshaw US Holding Corp. in connection with their chapter 11 cases in the United States Bankruptcy Court for the Southern District of Texas
• Represented Mercy Hospital, Iowa City, in connection with its chapter 11 cases currently ongoing in the United States Bankruptcy Court for the Northern District of Iowa
• Represented Envistacom LLC, a Georgia based government contractor, in its chapter 11 cases in the United States Bankruptcy Court for the Northern District of Georgia
• Represented the Official Committee of Unsecured Creditors in Voyager Digital Holdings, Inc., as one of the first cryptocurrency exchanges to file chapter 11
• Represented Gulf Coast Health Care, LLC, an operator of 28 skilled nursing facilities through a contested chapter 11 process, ultimately confirming a chapter 11 plan after a five-day confirmation trial
• Represented Pennsylvania Real Estate Investment Trust, a publicly-traded REIT and owner of malls, in its comprehensive restructuring through prepackaged chapter 11 cases*
• Represented the purchaser and provider of DIP financing for Lucky Brand Dungarees, LLC, effectuated through a sale of substantially all assets under section 363 of the Bankruptcy Code*
• Represented Inspire Brands, in connection with a sale of more than 70 distressed Sonic franchisees through a section 363 sale in chapter 11*
• Represented one of the largest fast-food franchisors—comprising nearly 2,500 locations—in connection with multiple distressed franchisees*
• Represented PHI, Inc., a publicly-traded helicopter operator and air medical provider, in connection with the successful reorganization and deleveraging transaction effectuated under chapter 11*
• Represented Orianna, a large owner and operator of skilled nursing facilities, in complex and contentious chapter 11 cases (In re 4 West Holdings, Inc.);*
• Represented Exelon Generation Company, as sponsor and purchaser, in connection with the chapter 11 cases (In re ExGen Texas Power, LLC)*
• Represented Vertellus Specialties Inc. and certain of its affiliates and subsidiaries, a global specialty chemical company, in connection with its chapter 11 reorganization*
• Represented Katy Industries, a global plastics manufacturer, in connection with its chapter 11 reorganization*
• Represented the DIP Lenders in the chapter 11 cases (In re Black Elk Energy Offshore Operations, LLC)*
• Acted as counsel for the Official Committee of Unsecured Creditors in the chapter 11 cases (In re RAAM Global Energy Company)*
• Represented IMRIS, Inc., a publicly-traded medical device manufacturer, in its chapter 11 cases and proceeding under the Canadian Companies’ Creditors Arrangement Act*
• Represented Alco Stores, Inc. retail stores, in connection with its chapter 11 cases*
• Represented Orchard Supply Hardware Stores, Inc., a publicly-traded hardware retailer primarily located in California, in connection with its chapter 11 cases and sale of substantially all assets to Lowe’s Corporation*
• Represented Trident Microsystems, Inc., a publicly-traded semiconductor supplier, in connection with its chapter 11 reorganization*
• Represented PJ Finance Company, an owner and operator of multi-family housing units, in connection with its chapter 11 cases*
• Represented Six Flags, Inc., a publicly-traded owner of amusement parks, in its highly contentious chapter 11 cases*
• Represented Fairfield Residential, an owner and operator of multi-family housing units, in connection with its chapter 11 reorganization*
• Represented PFF Bancorp., a bank holding company, in its chapter 11 cases*
• Represented the Official Committee of Unsecured Creditors of Polaroid Corporation, a manufacturer of cameras and film products, in its chapter 11 cases*

*Matter handled prior to joining the firm.

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Julian’s experience prosecuting complex fraud cases and acting as a first chair trial attorney make him a valuable asset to healthcare clients, who regularly call on him to navigate False Claim Act investigations and civil litigation. Throughout his career, he has helped healthcare companies save hundreds of millions of dollars in potential government fines and civil judgments.

In recent years, Julian has also defended several companies in ERISA litigation involving Employee Stock Ownership Plans (ESOPs). Julian’s strategic approach and strength in the courtroom have led to favorable outcomes for ESOP plan sponsor companies, their directors and officers, and plan fiduciaries in class action lawsuits brought by plan participants.

Prior to rejoining McDermott in 2021, Julian spent six years as an Assistant US Attorney. During this time, he served in the Major Frauds Section and was the US Attorney’s Office’s Securities Fraud Coordinator and Education Fraud Coordinator. Julian prosecuted and investigated a wide range of financial crimes, including healthcare fraud, securities fraud, bank fraud, public corruption, tax evasion, and money laundering. Two marquee cases handled during his time as a federal prosecutor include the prosecution of Michael Avenatti and the prosecution of China Zhongwang, the world’s second-largest aluminum extrusion producer at the time.

Other notable trial experience includes education fraud, bribery and tax cases in the US District Court for the Central District of California, and patent infringement trials in the US District Courts for the Northern District of Texas and Middle District of Florida.

Julian is also an accomplished appellate advocate, having handled dozens of appeals before the US Supreme Court, and the US Courts of Appeals for the Second and Ninth Circuits. Prior to entering private practice, Julian served as a law clerk for the Honorable Harry Pregerson of the US Court of Appeals for the Ninth Circuit.

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• Defending digital marketing company in connection with a DOJ criminal investigation into alleged CAN-SPAM Act, money laundering and tax offenses, including during extensive litigation regarding attorney-client privilege issues
• Represented general counsel of a digital marketing company during investigation and prosecution of alleged CAN-SPAM Act violations, resulting in no charges being brought against the client
• Obtained the dismissal of all criminal charges following a five-day preliminary hearing in Los Angeles Superior Court on behalf of a major automotive parts distributor in connection with a felony criminal complaint asserting alleged willful violations of OSHA regulation

Government Investigations and Enforcement Actions

• Represented health care provider in connection with a government False Claims Act investigation involving electronic medical records systems
• Represented health care provider in connection with a government False Claims Act investigation involving upcoding allegations
• Represented a publicly traded healthcare provider in connection with a government False Claims Act investigation involving upcoding and medical necessity allegations
• Represented a major pharmaceutical company in connection with a government False Claims Act investigation involving alleged improper marketing activity in violation of the Anti-Kickback Statute
• Represented one of the nation’s largest non-profit hospital networks in a civil employment dispute involving various accounting issues
• Represented hotel management company and its executives in connection with a Paycheck Protection Program (PPP) loan audit and investigation, resulting in SBA withdrawing adverse loan forgiveness decision
• Represented cryptocurrency broker in connection with a John Doe summons issued by the IRS

Complex Civil Litigation

• Earned complete defense verdict for a smartphone manufacturer on both patent infringement and invalidity after just four hours of deliberations following a patent infringement trial involving wireless mobile phone technology
• Received plaintiff-side dismissal after defending a smartphone manufacturer in a three-week patent infringement trial against a non-practicing entity claiming ownership of the patents-in-suit. The plaintiff dismissed its case just before closing arguments then entered into a favorable resolution with the Firm’s client
• Obtained favorable settlement for hospital system and its executives in connection with an ERISA class action arising from a $275 million Employee Stock Ownership Plan (ESOP) transaction
• Representing personal protective equipment company in a $70 million lawsuit against a Malaysian supplier for fraudulent concealment and tortious interference with contract
• Representing a former director of a power control systems manufacturer in connection with an ERISA class action relating to the termination of the company’s ESOP and sale of its stock to a publicly traded company
• Representing a regional satellite services provider and its executives in connection with an ERISA class action relating to a $40 million ESOP transaction

Government Experience*

• Prosecuted Michael Avenatti for theft of over $10 million in client funds, failure to pay payroll taxes and file tax returns, bank fraud, identity theft and bankruptcy fraud, resulting in guilty pleas and 14-year prison sentence*
• Prosecuted China Zhongwang, the world’s second-largest aluminum extrusion producer, and others for a scheme to evade $1.8 billion in anti-dumping duties on Chinese aluminum and to defraud its investors, resulting in the seizure of over $1 billion in property and six related companies being ordered to pay over $1.8 billion in restitution*
• Prosecuted the former CEO and Senior Vice President of a charter school network for the misappropriation of over $3.2 million in public funds, resulting in plea agreement with CEO, conviction of Senior Vice President at trial and non-prosecution agreement with the charter school network*
• Investigated and prosecuted one of the largest PPP loan fraud schemes in the country, involving eight defendants, 151 PPP and EIDL loans and over $20 million in intended loss*
• Investigated and prosecuted durable medical equipment company owner for health care fraud, money laundering and structuring financial transactions in connection with a $24 million health care fraud scheme*
• Convicted accountant of wire fraud in connection with a $40 million Ponzi scheme, resulting in eight-year prison sentence and parallel SEC settlement*
• Convicted lawyer of wire fraud and tax evasion in connection with a $9 million Ponzi scheme, resulting in five-year prison sentence
• Tried and convicted garment factory owner for bribing a Department of Labor investigator*

*From prior tenure as an AUSA.

Appellate Experience

• Served as lead appellate counsel before the US Supreme Court and argued before the US Court of Appeals for the Ninth Circuit in an immigration appeal involving the client’s eligibility for cancellation of removal from the United States; the Supreme Court granted the client’s writ of certiorari and vacated the Ninth Circuit’s adverse ruling, resulting in the Firm’s client being allowed to remain in the United States with his young children
• Argued before the US Court of Appeals for the Second Circuit and served as lead appellate counsel for the Art Dealers Association of America and Society of London Art Dealers appearing as amici curiae in an appeal

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• Represented Monumental Sports & Entertainment in connection with a minority investment by the Qatar Investment Authority (QIA)
• Represented A.M. Castle & Co. in its sale to MiddleGround Capital
• Represented EIV Capital, LLC in its equity commitment to Penrose Midstream Partners, LLC
• Represented Argo Blockchain plc (LSE: ARB; NASDAQ: ARBK) in two strategic transactions: a subsidiary sale of its Helios facility in Dickens County, Texas to Galaxy Digital Holdings, Ltd. for $65 million, and the refinancing of its asset-backed loans with a new, $35 million asset-backed loan from Galaxy Digital Holdings, Ltd.
• Represented Prime Therapeutics LLC in connection with its $1.35 billion acquisition of Magellan Rx Management from Centene Corporation
• Represented Wells Enterprises, Inc. in its sale to the Ferrero Group
• Represented Monumental Sports & Entertainment in connection with a minority investment by former eBay President, Jeff Skoll
• Represented H.I.G. Capital in the sale of its portfolio company, Lipari Foods, to an affiliate of Littlejohn & Co., LLC
• Represented Urgo Hotels & Resorts in its definitive agreement with Hersha Hospitality Management (HHM) to become a wholly owned subsidiary of HHM
• Represented leading Chicago-based grocery retailer, Tony’s Fresh Market, in its sale to Apollo Funds

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• Represented Carlyle in its acquisition of The Hilb Group, a leading national insurance broker*
• Represented Carlyle portfolio company Sedgwick, a leading global provider of technology-enabled risk, benefits and integrated business solutions, in its acquisition of York Risk Services Group, a provider of risk management, claims administration, managed care and absence management solutions*
• Represented Stonepeak Infrastructure Partners in its investment in Venture Global LNG, Inc.’s Calcasieu Pass LNG export facility*
• Represented KKR in its investment in Covenant Physician Partners (formerly known as Covenant Surgical Partners), a leading acquirer and operator of ambulatory surgery centers and physician practices*
• Represented Solus, the largest shareholder of Bristow Group, a provider of offshore oil and gas transportation, search and rescue and aircraft support services, in Bristow’s merger with Era Group, a NYSE-listed helicopter operator*
• Represented EQT in the restructuring of its portfolio company Data Intensity, a leading independent managed services provider for enterprise applications, databases, business intelligence solutions and analytics*
• Represented Livingston International, an international trade-services firm, which specializes in customs brokerage, freight forwarding and trade consulting, in its sale to Platinum Equity*
• Represented IO Data Centers, a leading colocation data center services provider, in its sale to Iron Mountain*
• Represented Radial, a leading player in omnichannel commerce technology and operations, in its sale to bpost*
• Represented Lexington Partners in a secondary liquidity transaction for capital commitments of approximately $1 billion to TPG’s fifth and sixth Asia funds*

*Matter handled prior to joining the firm.

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Additionally, Mark is a Licensed Insolvency Practitioner and an Authorised Fixed Charge Receiver (Non-appointment taking).

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• Acted for a bondholder Group of ARM Asset Securities*
• Representing private credit lenders on restructurings / enforcement strategies in relation to loans provided to various international and UK businesses including casual dining, energy services, paper manufacturing and medicare businesses*

*Matter handled prior to joining the firm

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• Turnaround Management Association, Member
• American Bankruptcy Institute, Member
• NARA, the UK’s Association of Property and Fixed Charge Receivers, Fellow and former Council Member
• R3: Association of Business Recovery Professionals, Fellow
• UCL Faculty of Laws (London), Centre for Commercial Law, Advisory Committee Member
• Britain in Europe Think-Tank, Brunel Law School

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• Assisted private equity clients in obtaining merger control approval by the European Commission and several national competition authorities
• Assisted a client in obtaining suitable purchaser approval from the European Commission in the framework of divestment obligations imposed on other companies in order to obtain merger clearance
• Assisting a client in acquiring joint control over certain software applications and obtaining merger clearance from the European Commission
• Assisting government owned or funded entities in negotiations in the framework of InvestEU initiatives
• Assisting clients in competition compliant licensing and Standard Essential Patents discussions
• Assisted several clients in setting up and implementing regional or global competition compliance systems, carrying out internal investigations, counseling on whether to file for immunity/leniency, and (co)representing these clients before several competition authorities
• Assisted several governments and government entities in developing COVID-19 related state aid initiatives, successfully notifying at and obtaining state aid clearance from the European Commission including assisting those governments in subsequent European Commission state aid compliance audits
• Assisted a company in abuse of dominant position complaint proceedings before the European Commission, extracting commitments from the dominant company allowing our client to obtain access to an energy market in the European Union*
• Assisted companies in the healthcare industry during cartel and abuse of dominance investigations by national competition authorities, including dawn raids

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• IFLR 1000 2022, Rising Star, Competition
• Who’s Who Legal, Global Leader, Competition – State Aid, 2023
• Benchmark Litigation 2020, Competition/ Antitrust, Belgium

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• Advised Figeac Aero on the entry into market of ACE Capital Partners and related negotiations with its creditors
• Advised Vivalto Vie and Colisée on the acquisition of 32 facilities owned by the Korian group
• Advised the selling shareholders of the Odyssenior group
• Advised Antin Infrastructure Partners on the sale of Inicea to Korian*
• Advised EQT on a co-investment agreement relating to Colisee entered into with Caisse de dépôt et placement du Québec (CDPQ)*
• Advised EQT on the acquisition of Colisée from IK Investment Partners*
• Advised the shareholders of an airline company in the context of its financial difficulties (post-COVID-19)*
• Advised Mérieux Equity Partners on the LBO on CTRS*
• Advised Mayriver Capital and Dickson Inc. on the tender offer on Oceasoft*
• Advised Esmo Corporation on connection with its investment in Navya*
• Advised Antin Infrastructure Partners on the acquisition of the Almaviva Group*
• Advised Ausy and its key shareholders on the cash tender offer initiated by Randstad*
• Advised Colisée Group on the acquisition of the GDP Vendôme group and Bien à la Maison*
• Advised Eurazeo on the Fonroche Group spin-off and the subsequent sale of a 50% stake to Infravia*
• Advised Eurazeo on the takeover of In Tech Medical Group*
• Advised Atos Group on the acquisition of Anthelio Healthcare Solutions Group*
• Advised Antin Infrastructure Partners on the acquisition of the Inicea group*
• Advised Ausy Group on the acquisition of Celerity Inc. and various other acquisitions*
• Advised Crédit Agricole, Unigrains, and SGCP on their equity investment in Compagnie Fruitière*
• Advised Aqualande Group on a joint venture with Labeyrie*
• Advised Crédit Agricole and Unigrains on their equity investment in Agrial*
• Advised Eurazeo on its equity investment in Neovia (formerly In Vivo NSA)*
• Advised Bull on the cash tender offer initiated by Atos*
• Advised UCA on the sale of its 28 hypermarkets to E. Leclerc*
• Advised UCA on the sale of its 140 stores to Carrefour*
• Advised Qualcomm on its joint venture with Alcatel and the subsequent acquisition of shares in Alcatel*

*Matter handled prior to joining the firm

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