Experience That Informs Judgment
Founder & CEO
Mark McDermott
Mark has over thirty years of experience as an attorney and advisor in the restructuring industry, including as a partner at Skadden, Arps, Slate, Meagher & Flom LLP.
He has advised boards of directors, senior executives and corporate stakeholders in business restructurings and operational transformations, and continues this tradition as an independent fiduciary.
MCD Advisory LLC
Independent Fiduciary
Decades of Leadership.
Hopkins & Sutter
Partner and associate representing lenders, acquirers and trustees in in-court acquisitions, liquidations and investigations.
Skadden, Arps, Slate, Meagher & Flom LLP
Partner, counsel and associate focused on complex corporate restructurings, troubled-company M&A and governance matters.
Northwestern Law & Iowa State
J.D., cum laude, Northwestern Pritzker School of Law; B.S. Economics, valedictorian, Iowa State University.
Selected matters
Experience across industries and transaction types.
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Technology company that distributes budgeting, payroll and related software in assessing its strategic options and the restructuring of its balance sheet.
Owner and operator of a chemical production facility facing construction challenges in developing its strategic options for a capital raise and disposition of its assets.
Cold storage and third-party logistics company in the assessment of its strategic options and the sale of three of its business lines to separate buyers.
Industry-leading company specializing in interior design, technology and installation services in its liability management restructuring transaction.
Technology research and data services company, owned by one of the world’s largest alternative asset managers, in its out-of-court recapitalization.
Wellhead system design and manufacturing company in the restructuring of its capital structure and development of its go-forward strategic planning.
Financial institution serving as indenture trustee and in several other capacities in the distressed investing industry (serve on audit & risk committees).
Chilean renewable energy (wind and solar power) enterprise in its contested, and ultimately resolved, chapter 11 reorganization proceedings.
Custom furniture designer, manufacturer and retailer in it out-of-court recapitalization and operational turnaround.
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New York City and Chicago
Partner: 2006-2022; Counsel: 2003-2006; Associate: 2000-2003
Specialized in out-of-court and in-court troubled company mergers and acquisitions, balance sheet and operational transformations, and related financing transactions.
Led some of the Firm’s largest and most complex corporate restructuring engagements across a broad range of industries totaling hundreds of billions of dollars in transaction value.
For the last 20 years, focused primarily on advising boards and senior executives on high-level, strategic business planning and on governance and fiduciary duty matters.
Served on Skadden’s Opinion Committee for 16 years, handling all insolvency-related work involving structured transactions, derivatives and complex financial products.
Selected Skadden engagements:
Blue Bird Bus: record-setting Chapter 11 restructuring that lasted only 32 hours.
Kmart Corp.: largest retail Chapter 11 ever; 2,400 stores & 250,000 employees.
CEDC, Inc.: first ever cross-border restructuring of Russian and Polish entities.
WeWork: crisis refinancing of work-space company after failed $47 billion IPO.
Endo: opioid manufacturer facing over $100 billion in opioid and other claims.
Unicredit: Italy’s largest bank facing investor claims arising from Madoff failure.
Refco: one of the largest commodities frauds/reorganizations in history.
Jackson Hewitt: pre-arranged Chapter 11 that discharged consumer class actions.
Prudential: litigation with Lehman arising out of a $500 million failed swap.
Centro Properties: first ever restructuring of U.S. and Australian entities.
Noble Corp.: one of the first cryptocurrency enterprises that failed.
Vertis: first ever pre-packaged Chapter 11 utilizing private rights offering.
Spectrum Brands: litigation over complex valuations/cram-down interest rates.
Kirwan: litigation to the Second Circuit over Luxembourg entities in Chapter 11.
Yellowstone: litigation to the Ninth Circuit in equitable subordination matter.
Distressed thrifts in development and execution of their strategic plans.
Mortgage service providers in out-of-court and in-court reorganizations.
Real estate: numerous restructurings for borrowers, lenders and sponsors.
mREITS: several mortgage REITS facing risk of collapse during the pandemic.
Buyside: acquirers of assets pursuant to section 363 of the Bankruptcy Code.
Lenders: traditional banks and funds in in-court and out-of-court restructurings.
Several non-US financial institutions in preparing their global resolution plans.
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Partner: 1997-2000; Associate: 1992-1997
Represented primarily lenders, acquirers and Chapter 7 and Chapter 11 trustees in predominately in-court acquisitions and business liquidation situations.
Developed and led litigations seeking recoveries on account of insider and other voidable transactions, including preferences and fraudulent transfers.
Led multiple investigations on behalf of trustees into alleged pre- and post-bankruptcy fraudulent conduct of insiders and investors, including Ponzi-schemes.
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Law Clerk, Des Moines, Iowa, 1991-1992
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Northwestern Pritzker School of Law, J.D., 1991, Cum Laude
Iowa State University, B.S., Economics, 1988, Valedictorian, Economics