Douglas R. Gooding

Department Co-Chair - Business

 

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.

Practice Focus

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.

Representative Engagements

  • 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

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

Admissions

Massachusetts

U.S. District Court, Massachusetts

U.S. Court of Appeals, First Circuit

U.S. District Court, Colorado