Daniel Guyder

Daniel is a Partner in the Linklaters’ U.S. Restructuring & Insolvency Practice. He has extensive experience specifically in the context of complex, multi-jurisdictional cross-border restructurings, including representing debtors and creditors in US chapter 11 and 15 cases.

Dan also supports the capital markets practice with necessary advice regarding structuring and assessing bankruptcy and enforcement risks, including the provision of required legal opinions. Dan has experience representing parties in a wide range of financing and capital markets transactions, including loan originations.

Work highlights

Selected experience includes advising:

• Foxconn/Hon Hai in connection with the highly contentious Lordstown Motors chapter 11 cases and litigation brought against Foxconn seeking in excess of US$1bn in damages on the basis of alleged fraud and breaches of contract.*
• Nuvo Pharmaceuticals as successful “stalking horse” bidder from Aralez Pharmaceuticals and POZEN Inc., as the sellers and debtors in US chapter 11 bankruptcy cases or CCAA proceedings in Canada.*
• H.I.G. Capital as successful bidder (and DIP lender) in their acquisition of substantially all of the assets and businesses of Xtera Communications out of US chapter 11 cases.*
• BNY Mellon as indenture trustee in chapter 15 proceedings to enforce English Scheme in the US.*
• Banco Santander on all aspects of its relationship with LATAM Airlines Group, as debtors in US chapter 11 cases and certain related chapter 15 proceedings.*
• Export-Import Bank of China, China Development Bank, Industrial and Commercial Bank of China Limited, and Bank of China as senior secured creditors on the restructuring of the senior secured facilities extended to Seadrill Limited and its subsidiaries through a US Chapter 11 plan of reorganisation and a parallel Bermudan provisional liquidation.*
• ING Bank N.V. as security agent for senior secured syndicate of lenders under US$700m credit facility in the global collapse of O.W. Bunker A/S and its subsidiaries, including with respect to chapter 11 cases involving the U.S. affiliates and related litigations in the U.S.*
• Bank of New York Mellon, as Trustee and Collateral Agent with respect to the US$300m 8.625% Senior Notes Due 2024 (the Notes) issued by Foreign Debtor PT Delta Merlin Dunia Textile (DMDT) in connection with an Indonesian restructuring plan and with the related US chapter 15 cases seeking recognition and enforcement of the Indonesian plan in the United States.*
• Group of (26) current and former directors/officers of US chapter 11 debtor and subsidiaries of a vertical farming technology company, that was the subject of a failed SPAC/de-SPAC transaction.*

*Matters handled prior to joining Linklaters.

Daniel received his J.D. from The Catholic University of America, Columbus School of Law and B.B.A. from Siena College. He is admitted to practice in New York.

He is also a registered Foreign Lawyer in England and Wales.

• “Putting it in Reverse: A Possible Path to Chapter 15 Recognition of RVOs and Cannabis Filings,” (Annual Review of Insolvency Law, March 2023)
• "Celsius ruling "should be helpful" to FTX customers, ex-CEO faces fraud suit" (Global Restructuring Review, January 6, 2023)
• "Crypto-tunities: Transaction strategies in the challenging crypto markets", (Allen & Overy update, July 13, 2022)
• "Oh no, where's my crypto? What happens to crypto assets when a custodian fails" (Allen & Overy update, June 23, 2022)
• "Corporate Bankruptcies: Trends in Asset Sales and Liquidations" (New York City Bar Committee on Bankruptcy and Corporate Reorganization, March 2010)
• "Breaking New Ground in Fraudulent Transfer Law" (New York Law Journal)
• "Extinguishing a Secured Creditor's Right to Credit Bid in a Chapter 11 Cram Down" (Pratt's Journal of Bankruptcy Law]
• "The Importance of In Re Philadelphia Newspapers" (Law 360, December 2009)
• "United States-Canadian restructurings: finding COMI with a sense of comity" (IBA's Insolvency and Restructuring International)