David J. Fischer

• Leads a team of Wildman lawyers in the representation of six large shopping centers each comprising in excess of 750,000 leasable space, in connection with their day-to-day operations.
• Represented the largest creditor in the DBSI bankruptcy involving tenants-in-common (TIC) investors, with more than $2 billion in assets at stake.
• Represents Fifth Third Bank as preferred outside counsel for major real estate workouts in the Midwest, ranging from retirement communities to hospitals with debt ranging from $15-50 million on each project. Recently completed the successful restructuring of the bank's largest workout in Chicago.
• Represents The Northern Trust in connection with significant distressed real estate participation interests.
• Represented Continental Casualty Company as surety and credit enhancers on the foreclosure and restructuring of public housing bonds in connection with a 30 project multi-state portfolio consisting of assets in excess of $1 billion. Involved multi-state foreclosure and bankruptcy matters.
• Represented a debtor in the defense of a foreclosure at 1000 S. Michigan. Forestalled the foreclosure for two years allowing the debtor to finalize property entitlements enabling the debtor to sell the property for a $30 million profit.
• Represents a tranche B debt holder in litigation against a global financial institution for breach of fiduciary arising from its handling of real estate loans as agent for both tranche A and B debt.
• Represented Equity Residential in connection with the foreclosure of a portfolio of low income housing and taxable bonds totaling in excess of $100 million on projects held by the Artery Group in Virginia and Maryland. Following extensive litigation in state court and the bankruptcy court, the cases were settled through consensual Chapter 11 plans resulting in Equity Residential acquiring title to five valuable properties.
• Serves as lead workout counsel for Merchants and Manufacturers Bank.
• Represented Kemper Insurance Companies in the workout/restructuring of a $100 million loan portfolio.
• Represents Dartmoor Homes in the workout of a $92 million dollar construction/bond loan.
• Represented a well-known Chicago developer as owner of a landmark office building in the workout of $50 million of acquisition financing when its balloon came due.
• Serves as national bankruptcy counsel for the Arch Insurance Group, CNA, Kemper Insurance Companies, and Broadspire Services, Inc.
• Represented Threshold Entertainment, the producer of the blockbuster Mortal Kombat movie series, in connection with the Chapter 11 bankruptcy filing of its business partner, Midway Games, Inc. as it related to preserving Threshold's intellectual property rights post-bankruptcy.
• Represented GROWMARK an Illinois agricultural coop in its acquisition of four divisions of Agway Inc., a debtor whose case was brought in the Eastern District of New York. The transaction involved consideration in excess of $75 million.
• Represented Altus Capital in its acquisition of bridge component manufacturer The D.S. Brown Company from GE Antares. Assets were acquired through a combination of a UCC sale and an Ohio deed in lieu of foreclosure transaction with a sale valued at $50 million.
• Represented MVC Capital as lender or sponsor from a finance and intercreditor perspective in nearly a dozen transactions throughout the U.S. ranging in size from $25-75 million.
• Represent U.S. Gas & Electric, Inc. in its multi-million dollar acquisition of Energy Services Providers, Inc. (ESPI) and the arrangement of a new credit facility for ESPI and its subsidiaries. This transaction involved devising and implementing a unique structure that enabled USG&E to complete the transaction with minimal up-front investment and minimal disruption of USG&E's existing credit facilities.
• Represented Fidus Capital in the recapitalization/restructuring of its various positions as mezzanine and subordinated debt holder in large freight/shipping company. Recap involved the restructuring of more than $50 million of debt and the introduction of a new equity sponsor.
• Represents PC Homes as a mezzanine lender in distressed acquisitions and dispositions of real estate and real estate partnership.
  
  
  

Publications And Presentations:

• Co-author, "Redemption Song," The Deal, July 2010.
• Speaker, "What to Avoid in Distressed Debt Investing and Why," iiBIG Distressed and Turnaround Investment Forum, April 2009.
• Speaker, "The State of Markets and What to Expect," International Private Equity and Mezzanine Conference, June 2008.
• Speaker, "Negotiating Intercreditor Agreements," Structuring Private Equity Seminar, June 2007.