Douglas Gooding is co-chair of Choate’s Business Department and he has more than 25 years of experience advising on financing and restructuring transactions, particularly on debtor-in-possession lending and the representation of senior, second lien, and mezzanine debt in complex restructurings. He also specializes in advising both lenders and troubled companies in the distressed debt and restructuring phase of M&A transactions for healthcare and retail companies, high-profile retail bankruptcies, and in mass tort and complex restructurings for insurance providers.
Doug has appeared in courts throughout the United States and in Canada and has been appointed as mediator in several bankruptcy disputes.
Finance, Restructuring and Bankruptcy: debtor-in-possession lending; representation of senior, second lien and mezzanine debt in complex restructurings. Extensive experience in bankruptcy, insolvency matters, and out of court workouts. Advises boards of directors on “zone of insolvency” issues. Has represented troubled companies and creditors’ committees as well as financial institutions and insurers.
- Counsel to lender owed $190 million secured by multi-family complexes in Massachusetts, Florida, Georgia and Texas.
- Lead counsel to lessor in $150 million leveraged railcar lease transaction and workout relating to bankruptcy of The CIT Group.
- Lead counsel of purchasers in Section 363 sales including in food, retail and drug industries.
- Counsel to senior lender in workout involving fractional share ownership aviation company.
- Represented debtor-in-possession lenders in numerous retail bankruptcy cases in Delaware, New York, Maryland, Connecticut, and Illinois.
- Representation of insurers in numerous bankruptcy cases throughout U.S. relating to collateral, surety, and premium disputes as well as alleged asbestos, toxic tort, and hazardous waste liabilities. Cases include: Nortel Networks (USA and Canada), Borders Books, General Growth Properties, Catholic Diocese of Wilmington, Filene’s Basement, Armstrong World Industries, Owens Corning, and U.S. Airways.
- Advised Fortune 250 company on its company-wide collateral and security documentation.
- Successfully represented law firm against claims of legal malpractice relating to documentation of loans.
- Served as mediator and successfully resolved dispute between liquidating trustee in bankruptcy and insurance company.
- Lead counsel to Creditors’ Committee in case with over $1 billion in debt.
- Lead counsel to portfolio companies in out of court restructurings of companies in industries ranging from contract manufacturing to national dry cleaning chain to operator of sleep disorder centers.
- Counsel to holders of $50 million in sub debt which commenced involuntary bankruptcy proceeding against manufacturer of household appliances.
- Representation of software companies in cases throughout the country in efforts to protect and enforce rights under licenses.
- Representation of sellers and purchasers of assets in bankruptcy in industries ranging from retail, auto parts, home healthcare, food, photo imaging, and advertising.
- Representation of retailers in workout matters and pre-bankruptcy planning.
- Lead lawyer in several reported decisions, including:
Liberty Mutual Insurance Co. v. Greenwich Insurance Co., 1st Cir.; Fish Market Nominee Corp. v. Pelofsky, 1st Cir.; and In re Moon, SDNY.
Publications and Presentations
- "Pendulum Swings Back Toward Lenders in Credit Bidding Disputes," co-author, Journal of Corporate Renewal, December 2016.
- "Appeal Issues and Equitable Mootness Revisited," panelist, 26th Annual Bankruptcy Bench Meets Bar Conference, May 2016.
- “1st Circ. Injects Uncertainty Into Stay Relief Denials,” co-author, Bankruptcy Law360, October 2014.
- “Cash Collateral and Incurring Debt,” co-author, Bankruptcy Practice in Massachusetts, Massachusetts Continuing Legal Education, March 2014.
- "How Fisker Changes the Bankruptcy Asset Sale Landscape," co-author, Bankruptcy Law360, February 2014.
- “Foreclosure & Bankruptcy: Offensive and Defensive Xs & Os Before & During Litigation,” moderator, 3rd Annual Real Estate General Counsel Forum East, September 2013.
- “The Art and Styles of Bankruptcy Negotiations,” speaker, ABI Northeast Conference, July 2013.
- “'Free and Clear' Means Free and Clear,” co-author, Bankruptcy Law360, June 2013.
- "Q&A With Choate's Doug Gooding," featured, Bankruptcy Law360, April 2013.
- “Debtor’s Counsel, Be Careful Who You Help,” co-author, Bankruptcy Law360, March 2013.
- “10th Circ. Has Left Less Static for Secured Creditors,” co-author, Bankruptcy Law360, January 2013.
- “Houghton Mifflin: Practically Proper Improper Venue,” co-author, Bankruptcy Law360, August 2012.
- “Seeking Clarity on Credit Bidding,” co-author, Bankruptcy Law360, May 2012.
- “Debating Bankruptcy Venue Reform,” co-author, Bankruptcy Law360, September 2011.
- “Bankruptcy Jurisdiction – Beyond Section 1334,” co-author, Bankruptcy Law360, June 2011.
- “Questions You Never Used To Ask: Emerging Ethical And Liability Concerns In Commercial Loan Workouts,” panelist, ABA Spring Meeting, April 2011.
- “Viewpoint: Court Ruling Endangers ‘Credit Bidding’,” co-author, American Banker, April 2010.
- “Technology and Telecommunications Committee: Selling, Buying and Keeping Technology Licenses in Bankruptcy,” panelist, ABI Conference, April 2010.
- “The Evolution of Credit Bidding,” co-author, Bankruptcy Law360, February 2010.
- “Surviving the Credit Markets and Succeeding in a Turnaround,” co-author, Bloomberg Law Report: Banking & Finance, May 2009.
- “Credit Market Exposure,” panelist, Periscopes Up: Managing Your Company in Turbulent Economic Waters, November 2008.
- “Chief Restructuring Officer: Coming to a Company Near You?" co-author, ACC Northeast Chapter Quarterly Newsletter, Quarter 2, 2008.
- “Troubled Portfolio Companies,” panelist, ABI Northeast Conference, July 2008.
- “The Role of a Chief Restructuring Officer," co-presenter, Boston Bar Association Business Law Section Meeting, February 2007.
Professional and Community Involvement
Mr. Gooding is an active member of the Boston Bar Association. He is on the BBA Council and is a former co-chair of the BBA’s Public Service Oversight Committee and a former co-chair of the BBA’s Bankruptcy Section. Mr. Gooding is active in pro bono matters and the BBA’s Financial Literacy program. He is a frequent lecturer and participant on educational panels relating to bankruptcy and insolvency. He is also on an advisory board to Tufts Hospital. Mr. Gooding lives in Beverly, Massachusetts with his two daughters.
Education & Credentials
- Duke University School of Law
- JD, 1991, cum laude
- University of California at Berkeley
- AB, 1987, cum laude
U.S. District Court, Massachusetts
U.S. Court of Appeals, First Circuit
U.S. District Court, Colorado
Choate represented Crystal Financial as Tranche A-1 Documentation Agent and an A-1 lender to Bon-Ton Stores, Inc. and its affiliated subsidiaries in its Chapter 11 bankruptcy.
Chambers USA Guide to America’s Leading Lawyers for Business recognized 34 Choate lawyers as leading counsel in their respective fields, with six receiving Band 1 rankings.