Daniel I. Fisher, Partner, Special Situations & Private Credit

Dan Fisher

Partner

Areas of Focus

Daniel I. Fisher, Partner, Special Situations & Private Credit

Dan Fisher

Partner

dfisher@akingump.com

Areas of Focus

Save as PDF

Share This Biography

LinkedIn

Biography
  • Founder and co-leader of Akin’s integrated capital solutions practice.
  • Represents asset managers and their portfolio companies in complex transactions typically arising from credit and hybrid investments.
  • Market-leading experience in complex special situations, liability management and out-of-court restructurings, distressed M&A, the transactional aspects of in-court restructurings, crisis management and post-reorganized corporate governance and sale transactions.

The world’s most sophisticated asset managers call upon Dan Fisher to structure, execute and protect their highly complex credit, hybrid and other capital solutions investments.

Dan, the founder and co-leader of Akin’s market-leading capital solutions team and a member of the firm’s Management Committee, has decades of experience counseling credit-heritage investors on evolving market dynamics and opportunities across sectors, geographies, deal structures and economic cycles. He began his career as a public M&A lawyer and brings the judgement, rigor, problem solving and deal leadership skills inherent in that practice to bear in every transaction he leads.

As a result of the unique range of Dan’s practice, his pragmatic approach to transactions, his focus on realistic solutions and risk assessment and his wide-ranging market knowledge and contacts, Dan is frequently called upon to solve the thorniest and most sensitive challenges facing his clients and their investments, including:

  • Emerging trends in liability management, BSL and private credit lender dynamics and cooperation agreements.
  • Structuring front-end credit investments, typically in the non-sponsor, hybrid capital or opportunistic spaces.
  • MNPI and the securities laws aspects of corporate restructurings.
  • Developing trading and corporate governance protocols and safeguards for companies emerging from a restructuring.
  • Crisis management.
  • Asset management and recovery strategies and workouts of non-performing or opportunistic investments.

Dan frequently speaks and is quoted on developments in liability management, distressed transactions and credit market dynamics, including at industry conferences, and is often asked to discuss the latest market developments at his clients’ limited partner/investor meetings and to interact with LPs and allocators.

Representative Work

Special Situations & Liability Management Transactions

Dan has extensive and market-leading experience representing ad hoc creditor groups in special situations, liability management and bespoke amend & extend matters, often involving new and cutting-edge transaction structures that respond to the latest developments in credit agreement technology, sponsor/creditor and creditor/creditor dynamics and case law and impact litigation. The goal of these non-change-of-control transactions is typically to position a company for long-term success with a realistic capital structure and adequate liquidity, while ensuring that creditor interests are guarded and creditor protections are enhanced.

Matters in which Dan has represented creditors or creditor groups include:

Altice USA, American Tire Distributors, Apex Tools, Arch Coal, Casa Systems, Cengage, EDMC, EFI, Equinox, Infrastructure and Energy Alternatives, Glass Mountain Pipeline, Inmar Intelligence, Logix Fiber, Loparex, McAfee, Navios, NEP Group, P&L Development, Revlon, Salt Creek Midstream, Travelport, United Site Services, West Deptford, Wheel Pros and Yak Access.

Private Capital Deployment

Dan serves as trusted counsel to many of the world’s most sophisticated asset managers in making complex, “off the run” capital solutions investments. Whether structured as traditional senior secured term loans, subordinated debt, hybrid capital, structured equity or a combination of these, Dan brings a keen eye regarding what’s market, what deals are getting done and how credit-heritage and other similar investors should balance protecting their investments with being competitive sources of capital.

Specifically, Dan has represented:

  • Benefit Street Partners in numerous transactions, including its investment in Alvogen, Innovacare Health and Joerns.
  • Blackstone Credit in numerous transactions, including its investment in AXIA Women’s Health Management, Centric Brands, Elevation Midstream, iAero Group, Mantis Innovation and SelectQuote.
  • Elliott Investment Management in numerous transactions, including its investment in Roan Resources and Triple Flag.
  • Francisco Partners Credit Fund in numerous transactions, including its investment in 8x8, Eventbrite, iBoss, MATRIXX Software, Muse Group, NextCapital, Reciprocity, TouchBistro, Zocdoc and Zotec.
  • FS Investments in numerous transactions, including its investment in Ancile Solutions and Medify Air.
  • General Atlantic Credit in numerous transactions, including its investment in Buyer’s Edge Platform, Carestream Dental, Depop and NextDecade.
  • GoldenTree Asset Management in numerous transactions, including its investment in Talen Energy, Trusted Media Brands and Vine Oil & Gas.
  • Invesco in numerous transactions, including its investment in Franklin Energy.
  • Kennedy Lewis Investment Management in virtually all of its transactions, including its investment in BridgeBio, Clickatell, CMI Group, DLI Lending, Douglas Elliman, Eastman Kodak, Echo Nous, Empire Holdings, F45, Flywheel, Freeman, Ocean Point Terminals, Rapid Micro Biosystems, Sanctuary Wealth, Sezzle and VoltaGrid.
  • Monarch Alternative Capital in numerous transactions, including its investment in Dhanani Group, U.S. Renal Care and WHP Global.
  • Onex Credit Partners in numerous transactions, including its investment in Dynacast.
  • TPG Angelo Gordon in numerous transactions, including its investment in Apex Tools, Frontline Dental Implant Specialists and Ricochet.
  • UBS O’Connor in numerous transactions, including its investment in Ally Building Solutions and Arch Chemicals.
  • Vista Credit Partners in virtually all of its transactions, including its investment in Afiniti, aPriori Technologies, Arcadia Solutions, AssureCare, Axxess Technologies, C2FO, Callisto Media, Fivetran, Flyr, Globalization Partners, Meltwater, Olive AI, Premise Data, RapidAI, Rocket Lawyer, TripActions, Updater, VideoAmp, Zinnia and Ziosk.
  • American Industrial Partners, Apollo, Arbour Lane, Bardin Hill, Beach Point, Brigade, Centerbridge, Davidson Kempner, Diameter, Fortress, KKR, PGIM, Platinum, Security Benefit, Värde and Washington Harbour in numerous capital solutions transactions.

Ad Hoc Creditor Restructurings

Dan has significant and long-standing experience representing creditors and creditor groups in comprehensive balance sheet restructurings, either through out-of-court or in-court processes. Dan works hand-in-hand with his clients to determine the most effective and cost-efficient way to restructure a company while positioning for future success and an eventual exit.

Specifically, Dan has represented creditor groups (almost always the fulcrum) in the in- or out-of-court restructurings of:

Aegean Marine, American Medical Technologies, American Tire Distributors, Arrivia, Avaya, Benefytt Technologies, BPZ Resources, Breitburn, Cal Dive, Carestream, Casa Systems, CEC Entertainment, Centric Brands, CHC, Cineworld, Cobalt, Culligan, Eastman Kodak, EFIH, EmpowerAI, EV Energy, Foresight Energy, Frontera, Frontier Communications, GenesisCare, Hercules Offshore, Hexion, Horsehead, iAero, Indianapolis Downs, Intelsat, Jonah Energy, Lucky Bucks, MAPP Digital, Magnum Hunter, Mobileum, Ormet, Petroquest, Sandvine, Sungard, Talen Energy, Tapstone, Templar, Town Sports International, Travelport, TriMark, USEC, Walter Energy, Wellpath and Wheel Pros.

Post-Reorganized Corporate Representations

Given Dan’s client base and focus on credit-heritage asset managers and their investments, combined with his experience and training as a classic “big deal” public M&A lawyer, Dan’s corporate practice is laser focused on companies that have undergone a restructuring or other unanticipated ownership change or similar transformative event and are, as a result, concentrating on reestablishing themselves as thriving enterprises creating value for all of their stakeholders. Dan is a frequent boardroom presence in these situations, partnering with what is often a new management team and board to ensure that value is created in as smooth a manner as possible.

Dan serves or has served as counsel to:

  • Aliante Gaming in connection with its sale to Boyd Gaming.
  • Aspect Software in numerous transactional and governance matters, including its acquisition by Vector Capital.
  • Birch Permian Holdings in numerous transactional and governance matters.
  • CEC Entertainment in numerous transactional and governance matters, including a $650 million bond offering and an extension of its revolving credit facility by $100 million.
  • Centric Brands in numerous transactional and governance matters, including converting $1.15 billion of outstanding term loans into new term loans under two separate credit agreements.
  • Constellis Holdings in numerous transactional and governance matters, including its comprehensive recapitalization transaction with existing investors.
  • Culligan International Company in numerous transactional and governance matters, including its eventual acquisition by Advent International.
  • Eagle Bulk Shipping in numerous transactional and governance matters, including its all-stock merger into Star Bulk Carriers.
  • Eastman Kodak in numerous transactional and governance matters.
  • Energy Harbor in numerous transactional and governance matters.
  • GenesisCare in numerous transactional and governance matters.
  • The shareholders of Mattress Firm in connection with its $4 billion sale acquisition by Tempur Sealy International Inc.
  • Merisant Company in numerous transactional and governance matters, including its acquisition by MacAndrews & Forbes.
  • Neff Corporation in connection with its $1.3 billion acquisition by United Rentals, Inc., which followed Neff’s initial agreement to be acquired by H&E Equipment Services.
  • Outcome Health in connection with its combination with PatientPoint Health Technologies.
  • Pacific Drilling Company LLC in connection with its all-stock acquisition by Noble Corporation.
  • Parker Drilling Company in numerous transactional and governance matters, including its acquisition by Nabors Industries.
  • Rue21 in numerous transactional and governance matters, including its eventual recapitalization with existing stakeholders.
  • Sorenson Communications in numerous transactional and governance matters, including the sale of a 52.5% stake in the company’s common equity to Ariel Investments.
  • Sungard in numerous transactional and governance matters.
  • Superior Energy Services in in numerous transactional and governance matters, including the sale of its Water Solutions business to Select Energy Services.
  • Tapstone Energy Holdings in numerous transactional and governance matters, including its sale to Diversified Energy Company PLC.
  • True Religion in numerous transactional and governance matters, including its acquisition by ACON Investments.
  • Warrior Met Coal Inc. in numerous transactional and governance matters, including its NYSE IPO.

Crisis Management and Other Corporate Matters

  • Dan’s work at the forefront of special situations and complex capital deployment often leads clients to call upon him to lead matters that do not involve classic financial or operational distress, but that require the ability to see around corners, anticipate the unanticipatable and bring to bear problem-solving skills where there is no “deal precedent,” as well as more customary corporate control and distress transactions.

Specifically, Dan has represented:

  • The Special Committee of the Board of Directors of Papa John’s International Inc. in connection with various matters relating to the company’s founder, John Schnatter, including an investigation into the company’s operations and in an external cultural audit of the company’s diversity and inclusion initiatives, including its supplier and vendor engagements, as well as a $200 million strategic investment from Starboard Value LP.
  • Millrose Properties Inc., a “first-of-its-kind" homesite option purchase platform, in the completion of the previously announced taxable spin-off of Millrose from Lennar Corporation through a distribution of approximately 80% of Millrose’s stock to Lennar’s stockholders to create a new $5.8 billion public company.
  • Amber Energy Inc., an affiliate of Elliott Investment Management, in its proposed acquisition of PDV Holding Inc., the parent company of CITGO Petroleum Corporation, the Venezuelan-owned, U.S.-based refiner.
  • FirstEnergy Solutions and its subsidiaries in their chapter 11 cases involving $3.8 billion in liabilities.
  • GTT Communications and its subsidiaries in their chapter 11 cases involving $4.5 billion in liabilities.

"Really good at what he does, thoughtful and responsive."
Chambers USA, 2020

Education
  • J.D., Vanderbilt University School of Law, 2002

  • B.A., Columbia University, 1999

Bar Admissions
  • District of Columbia

  • New York

Recognitions
  • Chambers USA, Corporate/M&A & Private Equity, 2021-2023.
  • IFLR1000, US, Notable Practitioner, Capital Markets: Equity, and M&A, 2019.
  • The Legal 500 US, M&A, 2016-2019; Corporate Governance, 2019.
Affiliations and Public Service
  • Board of Trustees, Potomac School.
  • Board of Trustees, American Friends of the Hebrew University.

Insights and Achievements

      Publications | Alerts

      January 9, 2025

      Read More

          Publications | Alerts

          January 9, 2025

          Read More

          Related Content

          People

          Distinguished by our areas of focus, as a cohesive and integrated firm, we are defined by the caliber of our work, the responsiveness of our service and a culture that is rooted in collaboration and forward-thinking.

          We Also Recommend

          Loading...
          Loading...
          Loading...
          Loading...