James H. Millar

Restructuring & Bankruptcy Litigation

In the Chapter 11 bankruptcy of Caesars Entertainment Corporation, Jim developed and advanced the legal theory under the Trust Indenture Act during his representation of a group of unsecured bondholders. Other law firms subsequently adopted his theory, which heavily influenced the outcome of the case on bondholders’ challenge to Caesars’ attempt to release guarantees of the bonds without their consent. On a related issue in a precedential case, Jim obtained a favorable reversal from the New York Court of Appeals on behalf of certain minority bondholders on a legal issue under an indenture that incorporated the Trust Indenture Act as a matter of contract.

Representative Experience

• Represented minority bondholders in obtaining favorable reversal from New York Court of Appeals on a legal issue under an indenture that incorporated the Trust Indenture Act as a matter of contract. See CNH Diversified Opportunities Master Account, L.P. v Cleveland Unlimited, Inc., 36 N.Y.3d 1, 160 N.E.3d 667, 2020 WL 6163305 (2020).
• Represented unsecured bondholders of Caesars Entertainment Operating Company, Inc.
• Represented ad hoc group of senior secured lenders in Longview Power LLC Chapter 11 bankruptcy case.
• Represented ad hoc group of bondholders of Maxcom Telecom.
• Represented ad hoc group of bondholders of SunEdison Inc.
• Represented bondholder of Nuverra Environmental Solutions, Inc., in a confirmation objection and appeal.
• Represented ad hoc noteholders group in jointly administered Chapter 11 bankruptcy cases of Woodbridge Group of Companies LLC.
• Represented first lien bondholders/indenture trustee of Energy Future Intermediate Holding Company LLC.
• Represented indenture trustee as special counsel in Norske Skog exchange-offer litigation.
• Represented certain bondholders of Suntech Power Holdings Co., Ltd.
• Represented the creditors' committee of Frontier Airlines.
• Represented the bondholders of AtheroGenics, who commenced an involuntary bankruptcy against the company.
• Represented the Canadian affiliates of Calpine Corporation in the Chapter 11 cases of their U.S. affiliates and in related claims objections and avoidance actions involving hundreds of millions of dollars in claims.
• Represented Travel Centers of America in distressed acquisition of Quaker Steak and Lube.
• Represented the LSTA, SIFMA and ISDA as amici in the Enron Transferee Litigation.

Personal Interests

Jim is a licensed commercial pilot and avid mixed martial arts participant and fan.