Josh Brody is a partner in the New York office of Gibson, Dunn & Crutcher and a member of the Business Restructuring and Reorganization Practice Group.

Josh’s practice focuses on representing clients in complex chapter 11 bankruptcy cases and other distressed situations including negotiating and litigating plans of reorganization and debtor-in-possession financings. He also represents a diverse range of creditors at all levels of complex structures, including secured and unsecured, bondholders and bank debtholders, indenture trustees, creditors' committees, and trade creditors. Josh also advises hedge funds and other financial institutions on the rights and remedies of debtholders and in understanding elaborate corporate and capital structures.

Josh was recently named in Lawdragon’s 2024 “500 Leading Global Bankruptcy and Restructuring Lawyers” and a "Next Generation Lawyer" in restructuring/bankruptcy by The Legal 500 United States. He has been consistently recognized as a leading restructuring lawyer by The Best Lawyers in America® and New York Super Lawyers. In addition, he was twice named as one of 12 "Outstanding Young Restructuring Lawyers" by Turnarounds & Workouts, one of "40 Under 40" in the legal adviser category by M&A Advisor and a "Rising Star" in bankruptcy law by Law360.

Representative Clients and Transactions:

Creditor Representations

  • An ad hoc group of first lien term lenders in the out-of-court debt restructuring of AMC Entertainment Holdings, Inc.
  • An ad hoc group of first lien creditors to Endo International plc, a specialty pharmaceutical company, on a US $6 billion deal to sell its assets to first-lien lenders in Chapter 11, ending a multiyear effort to resolve opioid liabilities.
  • An ad hoc group of first lien lenders in the $946 million out-of-court debt restructuring of Jo-Ann Stores and its affiliates.
  • An ad hoc group of first lien term lenders to Mallinckrodt plc in its multi-billion dollar Chapter 11 cases.
  • An ad hoc group of first lien term lenders in the $778 million out-of-court debt restructuring of global textile manufacturer Elevate Textiles.
  • An ad hoc group of first lien term lenders in the $450 million out-of-court debt restructuring of dietary supplement company Isagenix International.
  • An ad hoc group of unsecured claimholders in the Grupo Aeroméxico SAB de CV Chapter 11 bankruptcy, due to the Covid-19 pandemic.
  • An ad hoc crossholder group of Jackson  bondholders  in the chapter 11 cases of satellite services provider Intelsat, S.A.*
  • An ad hoc group of secured and unsecured bondholders in the chapter 11 cases of merchant power generator FirstEnergy Solutions Corp.*
  • An ad hoc group of second lien bondholders in the chapter 11 cases of Energy Future Holdings .*
  • An ad hoc group of secured bondholders in the chapter 11 restructuring of rare earth minerals company Molycorp Inc.*
  • An ad hoc group of "land bank" claimants in the chapter 11 cases of homebuilder TOUSA, Inc. *
  • The official committee of unsecured creditors in the chapter 11 cases of snack food manufacturer Hostess Brands.*
  • The official committee of unsecured creditors in the chapter 11 cases of steel manufacturer WP Steel Ventures.*
  • The official committee of unsecured creditors in the chapter 1 cases of “racino” owner/operator Magna Entertainment Corp.*
  • The official committee of unsecured creditors in the chapter 11 cases of mortgage servicer Capmark Financial Group.*

Company Representations

  • Sequential Brands, a brand management company, in its chapter 11 bankruptcy and sale of multiple brands including Ellen Tracy, Caribbean Joe, Heely’s,  And1, Avia, Gaiam and SPRI.
  • Bank holding company First Mariner Bancorp in its chapter 11 case and subsequent sale.*
  • Molecular Insight Pharmaceuticals, drug development company, in its chapter 11 case.*
  • Bally Total Fitness, fitness center operator, in its chapter 11 case.*
  • Torch Offshore, offshore construction/pipe laying company in its chapter 11 case.*
  • Global Crossing, builder/operator of an international fiber-optic network in its chapter 11 case.*

Josh received his law degree with distinction in 2002 from the Maurice A. Deane School of Law at Hofstra University, where he served on the Hofstra Law Review. Before joining Gibson Dunn, Josh was as a partner at Jones Day. Previously, he was elected as a partner at Kramer Levin Naftalis & Frankel LLP. He began his legal career as an associate at Weil, Gotshal & Manges LLP.

*Includes representations prior to Josh’s association with Gibson, Dunn & Crutcher.

Capabilities

Credentials

Education:
  • Hofstra University - 2002 Juris Doctor
  • Hebrew Theological College - 1997 Bachelor of Arts
Admissions:
  • New York Bar