Davis Lee Wright

Davis Lee Wright

Partner

Davis Lee Wright

Partner

  • Overview

    Biography

    Davis Lee Wright is a member of the firm’s Bankruptcy + Reorganizations and Business Litigation Groups, and its Marine Ports + Terminals Industry team.  

    Bankruptcy and Creditors’ Rights
    Davis focuses his practice on complex transactional, litigation, and advisory work related to the debtor/creditor relationship.  He has represented public and private companies in all aspects of their restructuring efforts, including out-of-court work-outs, “prepackaged” bankruptcies, and traditional reorganizations. He routinely counsels clients on the potential impact another entity’s insolvency or bankruptcy may have on business relationships, prospective and existing contracts and agreements, and bankruptcy-specific litigation. Davis’s experience includes advising secured and unsecured creditors, creditors’ committees, committee members, and asset purchasers regarding their rights, options, and obligations as a party in interest in a case brought under Chapters 7, 11, 13 and 15 of the Bankruptcy Code, as well as representing debtors and trustees under Chapters 11 and 15 of the Bankruptcy Code.

    Davis’s experience in maritime and admiralty law has allowed him to develop a maritime-related bankruptcy practice, providing opportunities to represent debtors and other interested parties in several recent, well-publicized, maritime-related bankruptcies pending throughout the country (In re O.W. Bunker Holdings North America, Inc., In re Aegean Marine Petroleum Network Inc., In re Toisa Limited, In re Hanjin Shipping Co. Ltd., and In re Offshore Specialty Fabricators LLC).

    Business Litigation
    Davis has a broad range of experience handling commercial litigation matters in state and federal courts, including contract disputes, preferential and fraudulent transfers in state-law assignments for the benefit of creditors, declaratory judgments and injunctive relief, and breach of fiduciary duty actions.  

    Admiralty 
    Davis has advised clients with respect to Rule B attachments and Rule C vessel arrests brought pursuant to the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions and the effect of maritime liens on property of a bankrupt’s estate.  Davis’s experience in this area includes litigation before various courts in the Second and Fifth Circuits relating to the maritime lien requirements of the Commercial Instruments and Maritime Liens Act.

    Pro Bono
    Davis has an active and diverse pro bono practice.  Davis presently serves as an office or director of several not-for-profit section 501(c)(3) organization.  He advises other several Delaware nonprofit entities with regard to fiduciary obligations and corporate governance requirements  For three years, Davis served as the Chancellor General of the National Society of the Sons of the American Revolution, a 501(c)(3) organization, providing advice on contract and employment issues, donor compliance, policy development, and corporate governance.  He is active with The American Legion, Department of Delaware and is authorized to represent veterans before the Department of Veterans Affairs.

    Davis also represents children in dependency and neglect, termination of parental rights, guardianship, and adoption cases in the Delaware Family Court through the Delaware Office of the Child Advocate.  In 2014, Delaware OCA recognized him for his many years of service as a guardian ad litem/child attorney. 

    Early in his career, he served as a law clerk to the Honorable Peter J. Walsh, former Chief Judge of the United States Bankruptcy Court for the District of Delaware, and as a legal extern to the Honorable Joseph J. Farnan, Jr., former Judge of the United States District Court for the District of Delaware. 
     

     

  • Experience
    • Experience

      Experience

      • Counsel to the O.W. Bunker USA Inc. Liquidating Trust in its post-confirmation litigation, including appeals to the Second Circuit and Fifth Circuit, related to attachment proceedings under Rule B and vessel arrests under Rule C of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, litigation regarding the status of maritime liens under the Commercial Instruments and Maritime Liens Act, discovery issued in aid of litigation to courts in the United Kingdom, Denmark, and Greece pursuant to the Hague Convention, and claims allowance and collection actions under the Bankruptcy Code.

      • Counsel to the Official Committee of Asbestos Claimants in In re Bestwall LLC.

      • Representation of an Israeli precious metals company in connection with its property ownership claims in In re Republic Metals Refining Corporation.

      • Representation of a marine fuel broker in connection with certain executory contract-related issues in In re Aegean Marine Petroleum Network Inc.

      • Representation of a global transport and logistics corporation in connection with alleged preferential claims asserted by the assignee in a New Jersey assignment for the benefit of creditors proceeding.

      • Representation of a Greek shipping company and its U.S. based agent in connection with preference litigation brought in two distinct chapter 7 liquidations.

      • Representation of a product supplier in connection with its administrative expense claims and related preferential transfer litigation.

      • Represented a secured lender in an adversary proceeding challenging the lien rights of a purported senior secured party and the in the lenders successful efforts to obtain stay relief to continue state-court litigation against a non-debtor affiliate of The Weinstein Company Holdings LLC.*

      • Representation of the foreign representative of Hanjin Shipping Co. Ltd. in connection with the successful sale of certain real property assets located in New Jersey and Georgia.*

      • Advised a Chinese shipyard in connection with its duties, obligations, risks, and potential recovery scenarios on an executory shipbuilding contract in In re Toisa Limited.*

      • Represented a real estate developer in connection with its successful acquisition of certain distribution and warehousing in a contested section 363 asset sale in In re Toys “R” Us Inc.*

      • Represented a U.S.-based shipping company in connection with asserting maritime liens against a debtor and securing “critical vendor” status for delivery of ocean freight.*

      • Represented a U.S. Gulf Coast-based marine scrap company in its successful acquisition of certain barges and other significant scrap assets from the debtor in In re Offshore Specialty Fabricators, LLC.*

      • Representation of the debtors in In re O.W. Bunker Holding North America Inc. in all aspect of their jointly-administered bankruptcy cases, culminating in the confirmation of a Chapter 11 liquidation plan that provided a substantial distribution to electing unsecured creditors.*

      • Represented a national commercial real estate company in various Chapter 11 and Chapter 13 bankruptcy cases in connection with its rights under section 365(n) of the Bankruptcy Code.*

      • Co-counsel and Special Counsel to the “E-side” Official Committee of Unsecured Creditors in In re Energy Future Holdings Corp.*

      • Counsel to the Official Committee of Asbestos Personal Injury Claimants in In re Specialty Products Holding Corp.*

      • Represented former president of a bankrupt maritime transportation corporation in connection with potential claims asserted by the company.*

      • Served as special litigation counsel to a large, U.S.-based semiconductor manufacturer in connection with a $450 million administrative expense proceeding involving complex cross-border financial issues relating to a manufacturing foundry agreement.*

      • Counsel to a potential acquirer of an oil and natural gas transporter in connection with the development of a competing plan for reorganization and related litigation.*

      • Counsel to the largest ethanol producer in the U.S. in connection with its chapter 11 proceeding and related claims allowance and administrative expense litigation.*

      • Counsel to a private equity firm in a $5 million preference and fraudulent transfer which resulted in a directed verdict for the client.*

      • * Attorney Wright was counsel in these representative transactions prior to joining Robinson+Cole.

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    • Professional Associations

      Professional Associations

      Maritime Law Association
      Maritime Bankruptcy Committee, Marine Finance Committee and Practice and Procedure Committee

      American Bankruptcy Institute

      Turnaround Management Association

      INSOL International

      American Inns of Court
      Delaware Bankruptcy Chapter, Master of the Bench

      United States Law Firm Group
      Creditors' Rights and Bankruptcy Committee

      Delaware Bar Association
      Bankruptcy Section and Litigation Section

      District of Columbia Bar Association
    • Honors + Awards

      Honors + Awards

      Winning Deal Team for Chapter 11 O.W. Bunker Debtors, “Restructuring Deal of the Year”, 9th Annual M&A Advisor International Awards, 2017

      Winning Deal Team for Chapter 11 O.W. Bunker Debtors, “Restructuring Deal of the Year (Over $500MM to $1B)”, 11th Annual M&A Advisor Turnaround Awards, 2017

      Winning Deal Team for Chapter 11 O.W. Bunker Debtors, “Energy Deal of the Year (Over $500MM to $1B)”, 11th Annual M&A Advisor Turnaround Awards, 2017

      Winning Deal Team for Chapter 11 O.W. Bunker Debtors, “Restructuring Deal of the Year (Over $100MM)”, 15th Annual M&A Advisor Awards, 2016

      Winning Deal Team for Restructuring of Specialty Products Holding Corp., “Restructuring Deal of the Year (Over $500MM to $1B)” 10th Annual M&A Advisor Turnaround Awards, 2016
       

    • Community Involvement

      Community Involvement

      National Society of the Sons of the American Revolution
      Treasurer General (2018-Present), Chancellor General (2015-2018), Board of Trustees (2007-Present), Executive Committee (2012-2013, 2014-Present)

      Delaware Office of the Child Advocate
      Attorney Guardian ad Litem/Child Attorney (2004 - present)

      The Department of Delaware, The American Legion, Inc.
      Judge Advocate (2013 - present)

      The Brandywiners Ltd.
      Legal Advisor
  • NEWS + PRESS
    • Publications

      Publications

      "Chapter 11 Trustee Appointed to Manage Operations of Belly Up Anchovy Fishery," Maritime and Transportation Alert (Spring 2017, Mar. 2, 2017)

      "An Advance to Improve a Ferry Terminal Did Not Give Rise to a Maritime Lien," Maritime and Transportation Alert (Spring 2017, Feb. 23, 2017)

      "U.S. Bankruptcy Court Relies on International Comity to Invalidate Rule B Attachments," MMWR Maritime and Transportation Alert (Summer 2016, Aug. 31, 2016)

      "U.S. Bankruptcy Court Finds Performance Under Maritime Service Contract Excused Where Carrier Discontinues Voyages," MMWR Maritime and Transportation Alert (Summer 2016, Aug. 31, 2016)

      "Individual Members of Official and Ad Hoc Committees May Seek Professional Fee Reimbursements Based on Substantial Contribution," American Bankruptcy Institute Committee Newsletter - Ethics and Professional Compensation (October 2014)

      "District Court Overturns Fee Awarded by Bankruptcy Court Pursuant to 11  U.S.C. §§ 330(a) and 349(b)," American Bankruptcy Institute Committee Newsletter - Ethics and Professional Compensation (August 2013)

      "Flying the Overly Friendly Skies: Expanding the Definition of an ‘Accident’ Under the Warsaw Convention to Include Co-Passenger Sexual Assaults," 46 VILL. L. REV. 453 (2001)

    • Presentations

      Presentations

      "Stern Revisited: In re Millennium Lab Holdings and Beyond," presented during the 2018 Spring Meeting of the U.S. Law Firm Group’s Creditors’ Rights and Bankruptcy Committee (May 11, 2018)

      "O.W. Bunker USA Inc.: Bankruptcy and Admiralty Litigation Update," presented during the 2017 Fall Meeting of the U.S. Law Firm Group’s Creditors’ Rights and Bankruptcy Committee (November 10, 2017)
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    • News

      R+C News Releases

      • January 22, 2019

        Robinson+Cole Adds National Bankruptcy Team in New York, Philadelphia and Wilmington

        • » more info
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