He handles complex transactions on behalf of private equity sponsors and their portfolio companies, venture capital funds, family offices, and strategic buyers and sellers across multiple verticals, including a variety of business-to-business services; healthcare; technology; consumer goods; hospitality; and gaming, entertainment and sports.

Griffin’s results-driven practice has led to routinely representing private equity clients in all aspects of their investments, from successful acquisition to portfolio management/growth, until their exit.

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• Represented Gemspring Capital in the acquisition of Zavation Medical Products and its subsequent combination with CoreLink Surgical to create a market-leading manufacturer of spinal implant, interventional spine and biologics products
• Represented OCR Investments in the acquisition of a 50% stake in Ocean Casino Resort, a hotel, casino and resort in Atlantic City, New Jersey, from Luxor Capital Group
• Advised Beckham Brand Limited, an entity controlled by David and Victoria Beckham, in connection with various matters, including matters related to Major League Soccer
• Represented Charles River Laboratories (NYSE: CRL) in the sale of its Avian Vaccine Services business to Arlington Capital Partners
• Represented Martis Capital in the acquisition of Lighthouse Lab Services, an end-to-end provider of turnkey lab build-out and management services to clinical labs across the US, and subsequent add-on acquisitions
• Advised Fireman Capital Partners on portfolio company acquisitions, including CANarchy Craft Brewery Collective’s acquisitions and combinations of multiple craft breweries, such as Oskar Blues Brewery, Cigar City Brewing, Salt Lake Brewing Company and Deep Ellum Brewing
• Represented Oprah Winfrey in a strategic partnership with and investment in WeightWatchers*

*Matter handled prior to joining the firm.

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Timothy has argued and won dispositive motions and appeals in both state and federal court. He has obtained multi-million-dollar jury verdicts and awards at trial and in arbitration proceedings.

Timothy has experience representing private equity and venture capital firms in shareholder disputes and other business litigation. He also has significant experience in representing corporate boards and special committees with investigations and preparing investigative reports in a number of high-profile cases, including before the Delaware Chancery Court and in Chapter 11 bankruptcy proceedings. He has also obtained major recoveries for clients in breach of contract cases involving force majeure, impossibility, and related defenses in state and federal court.

Prior to joining McDermott Will & Schulte, Timothy clerked for the Hon. Joseph M. Ditkoff in the Massachusetts Appeals Court. While in law school, he served as a senior board member for the Journal of Law and Public Policy and was a member of the Cornell Securities Law Clinic.

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• Argued and won dismissal of fraud claims against private equity-backed healthcare company in Chapter 11 Bankruptcy adversary proceeding
• Secured multi-million-dollar recovery for cryptocurrency company asserting claims for fraud and breach of contract against financial services and digital asset management company
• Obtained multi-million-dollar recovery for insurer in federal court against defendants in connection with fraud perpetrated by insurer’s former employee based on complaint asserting civil Racketeer Influenced and Corrupt Organizations Act claims
• Obtained dismissal of fraud and professional negligence claims against major accounting firm seeking over $200 million in New York state court
• Represented Major League Baseball team against breach of contract claims asserted by former executive
• Represented cannabis company and owners/investors in bet-the-company litigation relating to fraud and breach of contract brought by former financial advisors and private placement agent seeking over $10 million in damages and equity value, including securing dismissal of fraud claims on pre-answer motion to dismiss
• Represented special litigation committee of major entertainment company in stockholder derivative action in Delaware Chancery Court, including preparing special litigation committee’s investigative report and in litigating Zapata motion to dismiss
• Represented Alaskan-based upstream oil & gas company in investigating claims involving owner’s self-dealing transactions and breach of fiduciary duty, and in litigating related claims brought by purported creditor to successful settlement and plan approval in Chapter 11 bankruptcy adversary proceedings
• Represented major real estate company in obtaining $30 million settlement in full on seller’s breach of contract claims relating to the sale of historic office building in New York over buyer’s attempt to invoke COVID 19-related impossibility defense
• Represented healthcare private equity firm in no-action investigation by Department of Justice relating to pharmaceutical kickback scheme alleged in whistleblower complaint
• Represented non-profit animal rescue organization pro bono in week-long trial over custody of rescued dog, resulting in successful settlement for client

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John litigates a wide variety of cases, including securities and common law fraud, breach of contracts and long-term distributor and supply agreements, breach of fiduciary duties, environmental and product liability, negligent misrepresentation, breach of representations and warranties, accounting irregularities, wrongful terminations, antitrust violations, various claims arising from the sale of assets and businesses, and numerous class action lawsuits.

John has repeatedly served as a judge of Cornell Law School’s highly regarded Transactional Lawyers Competition, and has guest lectured at Fordham Law School on summary judgment tactics and procedures.

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• Defeated a pair of preliminary injunction motions in federal court, which sought to enjoin changes to a retiree health care plan that was subject to a consent decree
• Won a motion for judgment on pleadings in the US District Court for the Southern District of New York dismissing fraud claims relating to the plaintiff’s acquisition of the client’s business/assets
• Obtained dismissal of counterclaims against satellite service provider alleging tortious interference, unfair competition, trade secret violations, and breach of a non-disclosure agreement
• Won summary judgment in state court in Hawaii dismissing easement and water run-off claims brought by a neighboring landowner
• Successfully represented a leading oil company in connection with a mass tort and class action brought in state and federal courts seeking in excess of $1 billion in total damages relating to environmental contamination allegedly caused by a former refinery
• Successfully represented a multibillion-dollar holding company as an opt-out plaintiff in a federal securities action against a former auditor

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David also works on loan securitization transactions, real estate fund formations, financing facilities and private equity asset level transactions, sale/leaseback transactions and related financing.

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• Served as counsel to an NFT fund in a case filed by Celsius for the return of CryptoPunk NFTs
• Defended a major auditing and accounting firm in actions involving employee raiding, client poaching, and theft of trade secrets
• Advised an executive of international private equity firm investigated for participating in broad scheme to mismark valuation of illiquid securities
• Defended a major accounting and advisory firm in action involving defamation in the context of an anonymous, online social media campaign, including preparing expert report on forensic computer analysis
• Represented a national organization of pharmaceutical distributors challenging the constitutionality of New York State statute, including drafting dispositive briefs and preparing expert reports
• Advised a biodiesel processor accused of violating the Renewable Fuel Standard by the Environmental Protection Agency in civil enforcement action
• Defended a chief executive accused of violating fiduciary duties in derivative shareholder action, including draft dispositive briefs, and manage large team in cross-border discovery matters
• Counseled a global pharmaceutical company in an investigation for alleged False Claims Act and Anti-Kickback violations
• Represented a former executive of foreign oil company in international investigation of alleged fraud in violation of the Foreign Corrupt Practices Act
• Advised a chief executive officer of a bank in a criminal investigation of alleged Bank Secrecy Act violations
• Defended a corporate executive in an insider trading investigation brought by Securities and Exchange Commission
• Represented bank executives investigated for fraud arising from subprime mortgage crisis
• Counseled a private equity firm in the drafting of subscription agreement for investments in various funds, and negotiation of language with individual investors
• Represented a former waitress in judgment enforcement action against former employer that failed to pay minimum wage and spread of hours pay
• Counseled an indigent woman denied access to any monies over the course of her 25-year marriage in divorce action
• Represented a Honduran woman and her children seeking asylum in the United States
• Represented a broker-dealer in a Financial Industry Regulatory Authority (FINRA) insider trading investigation
• Represented owners of a fitness company in a dispute concerning a stock purchase and sale agreement
• Handled a defamation dispute involving an internet service provider
• Obtained a favorable settlement for a litigation trustee against the judgment debtor in multiple fraudulent conveyance actions in New York state and federal courts
• Obtained a favorable settlement for a prominent New York City hotel in a private nuisance action against a neighboring property developer
• Handled the successful petition to the New York State Supreme Court on behalf of a residential cooperative for an order direction recertification of election results

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Darren is a recognized leader in the cryptocurrency space, having led the representation of the official committee of unsecured creditors in the first-ever crypto chapter 11 case, Cred. Inc. His efforts in Cred have led to the development of novel case law that has generated millions of dollars of recoveries for creditors, including obtaining a court order requiring Cred’s former chief capital officer to return more than $6m of stolen cryptocurrency within 30 minutes after the court hearing concluded. Darren subsequently led the representation of the official committee of unsecured creditors in the chapter 11 case of Voyager Digital, a crypto exchange with more than 1 million customers. He also represented the official committee of unsecured creditors in the first crypto mining chapter 11 case, Compute North. Darren has also represented Prime Trust, a leader in the crypto space with more than $3.8bn of crypto and fiat under custody at its peak, in its chapter 11 bankruptcy case, the official creditors committee in Terra Form Labs, a crypto company that issued the Terra stablecoin and associated LUNA token, and the official creditors committee in Rhodium Encore, an industrial Bitcoin mining company with 227.5 MW of deployed capacity and more than 53,000 deployed miners. Darren is frequently asked to speak around the country on the intersection of bankruptcy and cryptocurrency, and regularly publishes articles on that topic, including in the American Bankruptcy Institute Journal, the Journal of Corporate Renewal, and Law360.

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• Represented an international apparel manufacturer and retailer with approximately 1,000 store locations in connection with a potential chapter 11 bankruptcy filing
• Represented upstream oil & gas company operating Furie Operating Alaska in its chapter 11 bankruptcy proceedings ($25mm revenue; $450mm debt)
• Represented firearms distributor United Sporting Companies in its chapter 11 bankruptcy proceedings ($550mm revenue; $300mm debt)
• Represented Agera Energy, a retail supplier of electricity and natural gas, in its chapter 11 bankruptcy proceedings ($750mm revenue; $375mm debt)
• Represented Borgers S.A., a Germany-based automotive parts manufacturer with facilities in Europe and the US, in an out-of-court restructuring (€900mm revenue; €350mm debt)
• Represented international fuel bunker supplier O.W. Bunker Germany GmbH in its chapter 15 bankruptcy proceedings and in connection with litigation in New York and Texas regarding unpaid fuel bunker receivables
• Represented Japanese real estate portfolio companies in connection with an out-of-court restructuring ($400mm debt)
• Represented publicly traded insurance company Affirmative Insurance Holdings, Inc. in its chapter 11 bankruptcy proceedings ($100mm debt)
• Represented intraoperative neuro physiological monitoring company ProNerve Holdings, LLC in its chapter 11 bankruptcy proceedings ($30mm revenue; $50mm debt)
• Represented cable and broadband equipment repair company Contec Holdings, Ltd. in its chapter 11 bankruptcy proceedings ($150mm revenue; $360mm debt)

Creditor Committees in Chapter 11 Cases

• Official Committee of Unsecured Creditors in the chapter 11 bankruptcy case of Archblock, the creator of the US dollar-pegged stablecoin TrueUSD (TUSD) and the DeFi lending protocol TrueFi
• Official Committee of Unsecured Creditors in the chapter 11 bankruptcy case of STG Logistics, one of North America’s largest logistics providers with $1.6 billion of funded debt
• Official Committee of Unsecured Creditors in the chapter 11 bankruptcy case of Vera Holdings & Investments, an online industrial tool and equipment retailer
• Official Committee of Unsecured Creditors in the chapter 11 bankruptcy case of Claire’s Stores, a fashion jewelry chain with more than 11,000 locations around the world and $700m of funded debt
• Official Committee of Unsecured Creditors in the chapter 11 bankruptcy case of PosiGen, a residential solar company with more than 40,000 customers and $200m of funded debt
• Official Committee of Unsecured Creditors in the chapter 11 bankruptcy case of Klockner Pentaplast, a global manufacturer of packaging materials with annual sales of €1.8 billion and more than €2.3 billion of funded debt
• Official Committee of Unsecured Creditors in the chapter 11 bankruptcy case of Everstream Solutions, a data provider with more than 34,000 miles of fiber in 13 states and $1 billion of funded debt
• Official Committee of Unsecured Creditors in the chapter 11 bankruptcy case of Harvest Sherwood, the largest independent wholesale food distributor in the US with $4 billion of annual revenue
• Official Committee of Unsecured Creditors in the chapter 11 bankruptcy case of Global Clean Energy, a vertically integrated renewable energy company with $2.1 billion of funded debt
• Official Committee of Unsecured Creditors in the chapter 11 bankruptcy case of DocuData Solutions, a global leader in business process automation with $1.3 billion of funded debt
• Official Committee of Unsecured Creditors in the chapter 11 bankruptcy case of Paragon Industries, Inc., a manufacturer of steel pipes for the oil & gas industry
• Official Committee of Unsecured Creditors in the chapter 11 bankruptcy case of Forever 21, a leader in the “fast fashion” industry with more than 350 retail locations in the US and approximately $1.6 billion of funded debt
• Official Committee of Unsecured Creditors in the chapter 11 bankruptcy case of Plenty Unlimited, an AgTech company with a platform focused on indoor vertical farming
• Official Committee of Unsecured Creditors appointed in the chapter 11 bankruptcy case of TreeSap Farms one of the largest horticulture producers in the US with a network of 15 farms covering 6,700 acres
• Official Committee of Unsecured Creditors in the chapter 11 cases of Rhodium Encore, an industrial Bitcoin mining company with 227.5 MW of deployed capacity and more than 53,000 deployed miners
• Official Committee of Unsecured Creditors in the chapter 11 cases of Hardinge Inc., a manufacturer of metal-cutting machine tool solutions with $330m of annual revenue
• Official Committee of Unsecured Creditors in the chapter 11 cases of Big Lots, a discount retail chain with around 1,400 locations and $5 billion of annual revenue
• Official Committee of Unsecured Creditors in the chapter 11 cases of DRF Logistics, a provider of domestic ecommerce parcel services that facilitates more than 200 million packages annually
• Official Committee of Unsecured Creditors in the chapter 11 cases of Vyaire Medical, a global provider of medical ventilators and respiratory diagnostics, with more than $530m of funded debt
• Official Committee of Unsecured Creditors in the chapter 11 cases of Terraform Labs, a crypto company that issued the Terra stablecoin and associated LUNA token
• Official Committee of Unsecured Creditors in the chapter 11 cases of WOM SA, one of the fastest growing and market-leading Chilean telecommunications providers with more than $1 billion of outstanding debt
• Official Committee of Unsecured Creditors in the chapter 11 cases of Acorda Therapeutics, a biopharmaceutical company that has developed breakthrough treatments for neurological disorders, with more than $200m of outstanding debt
• Official Committee of Unsecured Creditors in the chapter 11 cases of Casa Systems, a global communications company with more than $180m of outstanding debt
• Official Committee of Unsecured Creditors in the chapter 11 cases of Robertshaw, a global manufacturer of technologies for the commercial and residential appliance and transportation industries, with more than $830m of funded debt
• Crypto Creditors Ad Hoc Group holding more than $300m of Bitcoin and Ethereum in the chapter 11 cases of Genesis Global
• Official Committee of Unsecured Creditors in the chapter 11 cases of AppHarvest, a high-tech sustainable food company with more than $300m of debt outstanding
• Official Committee of Unsecured Creditors in the chapter 11 cases of iMedia Brands, an interactive media company with $450m of annual sales
• Official Committee of Unsecured Creditors in the chapter 11 cases of Benefytt Technologies, a technology-driven distributor of Medicare, health and life insurance products with more than $600 million of funded debt obligations
• Official Committee of Unsecured Creditors in the chapter 11 cases of Wesco Aircraft, the largest independent distribution and supply chain services provider in the global civilian and military aerospace industry, with more than $3 billion of funded debt obligations
• Official Committee of Unsecured Creditors in the chapter 11 cases of Starry Group, a publicly traded fixed wireless broadband internet service provider
• Official Committee of Unsecured Creditors in the chapter 11 cases of crypto exchange platform Voyager Digital, Inc.
• Official Committee of Unsecured Creditors in the chapter 11 cases of cryptocurrency financial services platform Cred Inc.
• Official Committee of Unsecured Creditors in the chapter 11 case of Compute North, a leading data center for cryptocurrency miners with facilities in South Dakota, Texas, and Nebraska
• Official Committee of Unsecured Creditors in the chapter 11 case of PhaseBio Pharmaceuticals, a publicly traded biopharmaceutical company that develops novel therapies for cardiovascular diseases
• Official Committee of Unsecured Creditors in the chapter 11 cases of retail energy provider Entrust Energy, Inc.
• Official Committee of Unsecured Creditors in the chapter 11 case of retail energy provider Griddy Energy LLC
• Official Committee of Unsecured Creditors in the chapter 11 cases of specialty metals supplier Energy Alloys Holdings, LLC
• Official Committee of Unsecured Creditors in the chapter 11 cases of restaurant chain Perkins & Marie Callender’s, Inc.
• Ad hoc bondholder group holding $300 million in principal amount in connection with the reorganization of Brazilian oil and gas company OGX Petroleo & Gas Participacoes SA
• Ad hoc group of 175 physicians and other healthcare providers in the chapter 11 cases of emergency room and hospitalist management platform American Physician Partners

Financial Sponsors and Strategics in Acquiring Distressed Companies

• In re: New Rite Aid, LLC (Bankr. NJ) – Retail and pharmacy chain
• In re: 23andMe Holding Co. (Bankr. E.D. Mo.) – DNA genetic testing company
• In re: Gritstone bio, Inc. (Bankr. D. Delaware) – Oncology vaccines
• In re: Rialto Bioenergy – Bioenergy facility in California
• In re: SafeMoon US, LLC (Bankr. Utah) – Blockchain technology and cryptocurrency
• In re: Invitae (Bankr. N.J.) – Genetic testing assets
• In re: Celsius Network (Bankr. S.D.N.Y.) – Bitcoin mining facilities and operations
• In re: Medly Health Inc. (Bankr. D. Delaware) – Retail and online pharmacy chain
• In re: Cash Cloud, Inc. (Bankr. D. Nevada) – Owner and operator of 4,800 Bitcoin ATMs
• In re: GBG Sean John LLC (Bankr. S.D.N.Y) – Sean John fashion and lifestyle brand
• In re: Vitality Health Plan of California (Bankr. C.D. Cal.) – HMO Health Insurance Plan in California
• In re: Imerys Talc America, Inc. (Bankr D. Delaware) – Talc mines and operations located in Vermont, Montana, Texas, and Canada
• In re: IntegraMed Holding Corp. (Bankr. D. Delaware) – Management company for nationwide group of fertility practices
• In re: Texas Pellets Inc. (Bankr. S.D. Texas) – Wood pellet production facility
• In re: Willowood USA Holdings, LLC (Bankr. D. Colorado) – Crop protection products and related EPA registrations
• In re: Real Industry, Inc. (Bankr. D. Delaware) – Aluminum recycling facilities
• In re: BTH Quitman Hickory LLC (Bankr. D. Nevada) – Wood pellet production facility
• In re: WonderWork, Inc. (Bankr. S.D.N.Y.) – Charitable assets including restricted donations
• In re: SEGA Biofuels, LLC (Bankr. S.D. Georgia) – Wood pellet production facility
• In re: SunEdison, Inc. (Bankr. S.D.N.Y.) – Solar energy assets
• In re: Revel AC, Inc. (Bankr. D. New Jersey) – Casino
• In re: Potomac Supply Corporation (Bankr. E.D. Virginia) – Forest products company
• In re: Arctic Glacier (Bankr. D. Delaware) – Ice manufacturer

Directors & Officers and Other Parties in Bankruptcy Court Litigation

• Represented former officer of ITT Educational Services, Inc. in connection with the ITT chapter 7 bankruptcy proceedings
• Represented four of the world’s five largest intermodal shipping container lessors in the chapter 15 case of Hanjin Shipping Co., Ltd. and related insolvency proceedings worldwide, including Korea
• Represented indenture trustees and administrative agents in connection with chapter 11 proceedings
• Represented trade creditors and other parties in defending fraudulent conveyance and preference actions in chapter 7 and chapter 11 proceedings

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• Best Lawyers: Ones to Watch in America, Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, 2021-2022
• Legal 500 US, Recommended, 2022-2025
• Global M&A Network, Top 50 Restructuring Lawyers, 2024
• Global Restructuring Review GRR 30, Recommended, 2024
• BankruptcyData, H1 2024 Advisory Retentions and Group Activity Report, Ranked in the Top 5 Legal Professionals
• The M&A Advisor, Chapter 11 Reorganization of the Year (Over $1 billion) – Voyager Digital, Ltd., 2023
• The M&A Advisor, Information Technology Restructuring Deal of the Year – iMedia Brands, Inc., 2023
• The M&A Advisor, Consumer Staples Restructuring Deal of the Year – AppHarvest Products, LLC, 2023
• IFLR1000, Restructuring & Insolvency, 2018-2023
• Global Restructuring Review GRR 100, Recommended, 2023
• The M&A Advisor, Chapter 11 Reorganization of the Year – Cred Inc., 2022
• The M&A Advisor, Restructuring Deal of the Year – Vitality Health Plan of California, 2022
• Super Lawyers, New York Metro Rising Star, 2017-2022
• American Bankruptcy Institute, 40 Under 40, 2021
• The American Lawyer, Litigator of the Week (Runner-Up), February 2021
• American Bankruptcy Institute, Asset Sale of the Year (In re: Agera Energy), Lead Debtors’ Counsel, 2020
• Turnarounds & Workouts, Outstanding Young Restructuring Lawyer, 2020
• The M&A Advisor, Emerging Leader Award, 2019
• New York Law Journal, Rising Star, 2019
• The Turnaround Management Association, Non-Profit Transaction of the Year – Wonderwork, Inc., 2019
• The American Lawyer, Honoree, Global Finance Deal of the Year (South America), 2015 (OGX Debt Restructuring)

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