Scott L. Alberino, Partner, Financial Restructuring | Akin

Scott L. Alberino

Partner

Areas of Focus

Scott L. Alberino, Partner, Financial Restructuring | Akin

Scott L. Alberino

Partner

salberino@akingump.com

Areas of Focus

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Biography
  • Focuses on corporate restructuring matters and distressed transactions.
  • Guides companies and creditors through evaluating, structuring and implementing in-court and of out-of-court restructuring strategies.
  • Experience spans a variety of industries and jurisdictions and includes cross-border reorganizations.

Scott Alberino represents debtors, official creditor committees, informal creditor groups, equity holders, and other stakeholders in all aspects of corporate liability management, restructuring, bankruptcy and insolvency proceedings. He regularly advises boards of directors of public and private companies on issues facing financially distressed companies, including fiduciary duties, corporate governance and executive compensation. Scott also regularly represents private equity funds, hedge funds and other financial institutions that are acquiring control positions in financially distressed companies and in structuring debtor in possession (DIP) and exit financing.

Scott’s clients include:

  • Public and private distressed companies
  • Informal creditor groups
  • Official creditor committees
  • Providers of DIP and exit financing
  • Acquirers of distressed assets
  • Significant stakeholders.

Scott is regarded as a skilled tactician and strategist who has guided clients through in-court and out-of-court restructurings. Clients describe him as a “super-intelligent lawyer who is pragmatic in negotiations” and “makes an effective mediator in tense situations with a variety of competing interests."

Representative Work
  • Diamond Sports: Counsel to the Official Committee of Unsecured Creditors in the chapter 11 cases of Diamond Sports Group and its affiliates, an operator of regional sports broadcast networks for more than 40 teams across Major League Baseball (MLB), the National Hockey League (NHL) and the National Basketball Association (NBA), involving more than $8 billion in liabilities.
  • Enviva: Counsel to the Official Committee of Unsecured Creditors in the chapter 11 cases of Enviva, the world’s largest wood-based biomass company, involving over $2 billion in liabilities.
  • Mobileum: Counsel to an ad hoc group of crossover lenders in the chapter 11 cases of Mobileum, a leading provider of analytics solutions for the telecommunications industry, involving $625 million in liabilities.
  • United Site Services: Counsel to an ad hoc group of lenders of United Site Services, Inc., a provider of portable sanitation and related site service solutions, in connection with a refinancing and extension of new credit. 
  • Wellpath: Counsel to an ad hoc group of lenders in the chapter 11 cases of Wellpath, a correctional and behavioral healthcare service provider, involving $700 million in liabilities.
  • Benefytt Technologies: Counsel to an ad hoc term lender group in the chapter 11 cases of Benefytt Technologies, a health insurance distributor, involving over $600 million in liabilities.
  • Intelsat: Counsel to an ad hoc group of creditors in the chapter 11 cases of Intelsat and its affiliates, one of the largest satellite services providers in the world, involving $14.7 billion in liabilities. Restructuring of the Year – Over $10B (M&A Advisor)
  • Talen Energy: Counsel to an ad hoc group of first lien creditors in the chapter 11 cases of Talen Energy and its affiliates, one of the largest power generation and infrastructure companies in North America, involving $4.455 billion in liabilities. Successful Restructurings of the Year (Turnarounds & Workouts)
  • Yak Access: Counsel to an ad hoc group of existing first lien term loan lenders in the completion of a major recapitalization of Yak Access, a leading provider of temporary access roads and related services, led by its principal equity holder, Platinum Equity.
  • GenesisCare: Counsel to an ad hoc group of secured creditors and DIP lenders in the chapter 11 cases of GenesisCare, a global health care provider specializing in cancer treatment, involving $1.7 billion in liabilities.
  • GWG: Counsel to the Official Committee of Bondholders in the chapter 11 cases of GWG Holdings and its affiliates, a financial services firm that invests in secondary life insurance assets and sells life insurance-backed bonds, involving over $2 billion in liabilities.
  • Frontera: Counsel to the first lien lenders in the chapter 11 cases of Frontera Holdings and its affiliates, owner of the only U.S.-based power plant that sells all of its power to Mexico, involving $944 million in liabilities. Mid-Size Company Turnaround/Transaction of the Year Award (TMA)
  • FirstEnergy Solutions: Counsel to the debtors in the chapter 11 cases FirstEnergy Solutions and its subsidiaries, an electric utility that services roughly one million residential, commercial and industrial customers, involving $3.8 billion in liabilities.
  • Limetree Bay Refining: Counsel to an ad hoc term lender group in the chapter 11 case of Limetree Bay Refining, a U.S. Virgin Islands-based oil refinery, involving approximately $1 billion in liabilities. Section 363 Sale of the Year $50MM to $100MM (M&A Advisor)
  • Breitburn Energy Partners: Counsel to an ad hoc group of unsecured noteholders in the chapter 11 cases of Breitburn Energy Partners and its affiliates, an oil & gas company that explores and develops oil & gas producing properties, involving $3.4 billion in liabilities.
  • Energy Future Holdings: Counsel to the largest ad hoc unsecured creditor group in the chapter 11 of Energy Future Intermediate Holdings, a Texas power utility, involving $42 billion in liabilities. Special Situation of the Year – Large (Turnaround Atlas Awards)
  • Erickson: Counsel to an ad hoc group of second lien noteholders in the chapter 11 cases of Erickson and its affiliates, an aerospace manufacturing and aviation service provider, involving $561 million in liabilities. Turnaround of the Year – Middle Markets (Turnaround Atlas Awards)

"He is one of the most measured, strategic and thoughtful restructuring lawyers. He brings a creditors-side mentality to the debtor side of the case."
Chambers USA, 2021

Education
  • J.D., Emory University School of Law, with honors, 2000

  • B.A., Boston College, 1997

Clerkships
  • U.S.B.C., Northern District of Georgia

Bar Admissions
  • District of Columbia

Recognitions
  • Chambers USA, Bankruptcy/Restructuring, 2011 - 2024.
  • The Legal 500 US,  Restructuring (including bankruptcy): Corporate, 2016 - 2020 and 2023 - 2024.
  • Turnarounds and Workouts, Outstanding Restructuring Lawyers, 2020.
  • Turnarounds and Workouts, Outstanding Young Restructuring Lawyers, 2014.
Affiliations and Public Service
  • Member, American Bankruptcy Institute.
  • Member, Turnaround Management Association.

Insights and Achievements

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