Michael P. Esser
Overview
Mike Esser is a partner in Kirkland’s Bay Area office. His practice focuses on complex commercial litigation in state and federal courts throughout the United States, including bankruptcy courts. Mike has represented Fortune 500 and private equity clients in a diverse set of matters, including antitrust and unfair competition cases, consumer class actions, corporate finance litigation, energy litigation, mergers and acquisitions disputes, restructuring and bankruptcy-related disputes, and securities litigation. Mike’s restructuring litigation experience includes representations of both debtors and creditors in contested emergency first day hearings, debtor in possession financing disputes, makewhole litigation adversary proceedings, fraudulent transfer and preference adversary proceedings, contract rejection disputes—including motions to reject collective bargaining agreements, and contested plan of reorganization confirmation hearings. Prior to joining Kirkland, Mike served as a law clerk to Judge Richard C. Tallman on the United States Court of Appeals for the Ninth Circuit.
Experience
Representative Matters
21st Century Oncology Holdings, Inc. — Trial counsel to 21st Century Oncology Holdings, Inc. and its subsidiaries and affiliates, the largest global provider of integrated cancer care services, in all litigation matters relating to its Chapter 11 cases in the United States Bankruptcy Court for the Southern District of New York.
24 Hour Fitness — Counsel for 24 Hour Fitness in nationwide and state consumer class action lawsuits involving gym access rights and termination fees.
Avaya Holdings Corp. — Trial counsel to Avaya Holdings Corp. and its affiliates in their prepackaged Chapter 11 cases in the U.S. Bankruptcy Court for the Southern District of Texas. Avaya Holdings Corp., (“Avaya”) is a global leader in solutions to enhance and simplify communications and collaboration. Avaya confirmed its plan of reorganization just over a month after it commenced its Chapter 11 cases. The confirmed plan reduced Avaya’s total debt by more than 75%, from approximately $3.4 billion to approximately $810 million, substantially increased Avaya’s liquidity position to approximately $650 million, decreased its net leverage to less than 1x, and provided substantial financial flexibility to accelerate Avaya’s investment in its innovative cloud-based communications portfolio.
Calpine Corporation — Counsel to Calpine Corporation in a wide range of pre-litigation advisement matters, including vendor contract disputes, root cause analyses, and sale-leaseback disputes.
Charming Charlie — Trial counsel to Charming Charlie, a Houston based specialty retailer focused on fashion jewelry, handbags, apparel, gifts and beauty products, in its Chapter 11 restructuring in the United States Bankruptcy Court for the District of Delaware. As of the Petition Date, the Company operates more than 375 stores in the United States and Canada. Charming Charlie entered into a restructuring support agreement with a majority of its term loan lenders and equity sponsors which provides for a comprehensive financial and operational restructuring that will significantly reduce the Company’s funded debt obligations and establish a sustainable capital structure.
Energy Future Holdings Corp. — Trial counsel in $431 million makewhole litigation and various contested matters for Energy Future Holdings Corp. and 70 of its affiliates (collectively, "EFH") in their Chapter 11 cases in the U.S. Bankruptcy Court for the District of Delaware. EFH — the largest generator, distributor, and certified retail provider of electricity in Texas — is the product of the largest leveraged buy-out in history. With over $49 billion in liabilities and $36 billion in assets, EFH's Chapter 11 case is the largest operating Chapter 11 case ever filed in Delaware and the seventh largest Chapter 11 case filed in history.
Forever 21 Inc. — Counsel to Forever 21 Inc. and its affiliates in their Chapter 11 restructuring in the U.S. Bankruptcy Court for the District of Delaware. Based in Los Angeles, California, Forever 21 is a fast-fashion retailer specializing in women’s and men’s fashion, jewelry and accessories with over 750 stores globally.
Hawker Beechcraft ― Trial counsel to Hawker Beechcraft Inc., a world-leading manufacturer of business, special mission, light attack and trainer aircraft, in its successful prearranged Chapter 11 cases. The restructuring involved conversion of approximately $2.5 billion of bank and bond debt into equity, the contested termination of two defined benefit pension plans and a significant operational restructuring that eliminated jet production and focused on the Company's core Beechcraft, defense, special mission and customer support businesses.
J. C. Penney Company, Inc. — Counsel to J. C. Penney Company, Inc. and 17 of its affiliates in their pre-arranged Chapter 11 cases. JCPenney, an iconic American retail staple tracing its roots back to 1902, includes private brands such as Liz Claiborne, St. John’s Bay, Stafford, and Arizona Jean Co. With approximately $4.9 billion in debt, JCPenney entered bankruptcy with a Restructuring Support Agreement that carries broad first lien stakeholder support and is expected to substantially de-lever the company’s balance sheet.
Mission Coal Company, LLC — Lead trial counsel in successful three-day trial to reject Mission Coal Company, LLC’s collective bargaining agreements with the United Mine Workers of America in Mission Coal’s Chapter 11 cases in the United States Bankruptcy Court for the Northern District of Alabama. Lead trial counsel in successful five-day trial to confirm Mission Coal’s Chapter 11 plan of reorganization, which effectuated a sale of all of Mission Coal’s mining operations in West Virginia and Alabama.
Murray Energy Holdings Co. — Trial counsel to Murray Energy Holdings Co. and certain of its subsidiaries in their Chapter 11 cases in the U.S. Bankruptcy Court for the Southern District of Ohio. Murray is the largest privately-owned coal company in the United States, headquartered in St. Clairsville, Ohio, and has operations primarily in Ohio, West Virginia, Kentucky, Alabama, Illinois, Utah, and Colombia, South America. Murray employs nearly 5,500 people, including approximately 2,400 active union members. Murray entered Chapter 11 with approximately $2.7 billion in prepetition funded debt and more than $8 billion in actual or potential pension and employee benefit obligations.
Payless ShoeSource, Inc. ― Trial counsel to Payless ShoeSource, Inc. and certain of its affiliates in all litigation matters relating to its chapter 11 cases filed in the United States Bankruptcy Court for the Eastern District of Missouri. Payless is the largest specialty family footwear retailer in the Western Hemisphere with nearly 4,400 stores across more than 30 countries. Payless successfully used chapter 11 to exit unprofitable store locations and implement a pre-arranged restructuring plan supported by 2/3 of its lenders that reduced its approximately $830 million in funded debt by nearly 50%.
RGN-Group Holdings, LLC — Counsel to RGN-Group Holdings, LLC, and approximately 100 other debtor affiliates (Regus) in their Chapter 11 cases filed in the Bankruptcy Court for the District of Delaware. Regus offers a network of on-demand office and co-working spaces, and ancillary service and support, to a variety of clients across a host of industries in over 1,000 locations in the United States and Canada.
SandRidge Energy, Inc. — Trial counsel to SandRidge Energy, Inc., an oil and natural gas company headquartered in Oklahoma City, Oklahoma, in its prearranged Chapter 11 cases. SandRidge obtained confirmation of its prearranged Chapter 11 plan in 117 days. The plan equitized and canceled all of SandRidge’s approximately $4.1 billion of funded debt and $525 million of preferred stock, provided for a $425 million reserve-based revolving credit facility with a two-year covenant holiday, and received acceptances from 98 percent of voting creditors.
Silverpeak Real Estate Partners — Counsel to Silverpeak Real Estate Partners, a privately held real estate investment advisory business formed in May 2010 by the former management team of Lehman Brothers Real Estate Partners, regarding a wide range of litigation matters, including the resolution of a $144 million fraudulent transfer litigation on terms favorable to client.
Tailored Brands, Inc. — Lead trial counsel to Tailored Brands, Inc. and its 17 affiliates in their prearranged Chapter 11 cases. Tailored Brands, a leading specialty retailer of men’s tailored clothing and the largest men’s formalwear provider in the United States and Canada, operates approximately 1,400 stores and employs over 18,000 people across its omni-channel network of five retail brands (Men’s Wearhouse, Men’s Wearhouse and Tux, Jos. A. Bank, K&G, and Moores).
Vector Capital — Counsel to Vector Capital in federal and state consumer class actions alleging violations of California's Deferred Deposit Transaction Law and Unfair Competition Law, as well as the Racketeer Influenced and Corrupt Organizations Act. Successfully compelled arbitration as to all claims.
Clerk & Government Experience
Law ClerkHonorable Richard C. TallmanUnited States Court of Appeals for the Ninth Circuit2009–2010
Judicial ExternHonorable Ruggero J. AldisertUnited States Court of Appeals for the Third Circuit2007
Prior Experience
Summer Associate 2008, Kirkland & Ellis LLP, San Francisco.
More
Recognition
Recipient, Kirkland & Ellis LLP Pro Bono Service Award, 2011 & 2012
Member, Kirkland & Ellis LLP Associates Committee, 2013 & 2014
Liaison, Kirkland & Ellis LLP All Student Associations Diversity Initiative, 2014 & 2015
Member, Kirkland & Ellis LLP Technology Advisory Group, 2015
Memberships & Affiliations
American Bar Association
State Bar of California, Litigation Section
Credentials
Admissions & Qualifications
- 2009California
Courts
- United States Court of Appeals for the Ninth Circuit
- United States Court of Appeals for the Tenth Circuit
- United States District Court for the Central District of California
- United States District Court for the Eastern District of California
- United States District Court for the Northern District of California
Education
- University of California, Berkeley, School of LawJ.D.2009Senior Editor, Berkeley Journal of International Law
- University of California, DavisB.A., Historycum laude2006
Dean’s List
Captain, Men’s Lacrosse Team