Joel Moss is a partner in the Financial Restructuring & Insolvency practice.
He focuses his practice on a wide variety of restructuring-related matters representing banks, trading desks and distressed investment funds in bankruptcies, restructurings, workouts and other special situations. He also has substantial experience regarding financial contract safe harbors.
Prior to joining Shearman & Sterling, Joel was a partner at a large global law firm. Before that, he was a director at Barclays in New York, where he handled bankruptcy and restructuring matters for the bank in the United States. At Barclays, his responsibilities included advising trading desks on bankruptcy issues relating to proposed and existing investments; negotiating and reviewing restructuring documentation where Barclays was agent and lender; negotiating and reviewing documentation for DIP and exit financings in which Barclays was agent and/or lead arranger and lender; preparing Barclays’ US resolution plan (“living will”) required under the Dodd-Frank Act; and structuring financial transactions to mitigate bankruptcy risk.
- RCS Capital Corp. Chapter 11 Cases: Represented Barclays as administrative agent and collateral agent under a first lien facility, DIP financing, exit facility and new second lien facility for RCS Capital Corp.
- Bank of America as lead arranger, agent and letter of credit issuer and certain other asset-based lenders in connection with a $3.15 billion asset-based inventory financing for Macy’s Inventory Funding LLC
- Westinghouse Electric Company LLC Chapter 11 Cases: Represented numerous purchasers of nuclear power plants in connection with the resolution of over $5 billion in asserted claims relating to the construction of nuclear power plants in China
- Concordia Chapter 11 Cases: Representing GLAS as indenture trustee, administrative agent and collateral agent in connection with the cross-border restructuring of Concordia and its affiliates
- Dynamic Energy Services: Representing agent and group of lenders in connection with workout of oil field services company
- AMR Corporation Chapter 11 Cases: Representing Ad Hoc Group of equity holders in connection with the Chapter 11 case of AMR Corporation
- Medley Capital: Represent Medley in various complex workouts, including workouts utilizing foreclosure under Article 9 of the Uniform Commercial Code
- SH 130 Concession Company Chapter 11 Cases: Represented the Federal Highway Administration (TIFIA) as the largest secured lender in the Chapter 11 cases for SH 130 Concession Company
- Major telecommunications provider: Represent Ad Hoc Group of noteholders in connection with workout of major telecommunications provider
- Westmoreland Coal: Represent prepetition noteholder and lender and DIP lender in connection with restructuring of Westmoreland Coal
- TerraVia: Represented largest bondholder in connection with Chapter 11 cases of TerraVia Holdings
- GSEs: Represented a trading desk of a major bank and distressed investment funds in connection with their investments in junior preferred stock issued by Fannie Mae and Freddie Mac
- Represented distressed investment fund in connection with Detroit’s Chapter 9 case
- Puerto Rico: Represented numerous parties in connection with investments in defaulted securities issued by instrumentalities of Puerto Rico
- Barclays: Represent Barclays in connection with the preparation of its resolution plan required under the Dodd-Frank Act
- Aura Minerals: Represented an agent bank in connection with a workout of a loan to a mining company with assets in various Latin American countries
- OGX/OSX: Represented Glendon Capital Management in connection with a restructuring and potential investment in OGX/OSXResCap,
- Patriot Coal and NewPage: Represented agent in DIP financings
- Barclays: Represented Barclays in connection with its acquisition of Lehman Brothers’ North American broker-dealer business. Joel also represented Barclays as part of the “big bank” derivative counterparty group in connection with the settlement of Barclays’ derivative claims pursuant to Lehman Brothers’ Chapter 11 plan
- Concurso: Represented a group of creditors in prepacked case and related Chapter 15 case for Concurso a large retailer
- SemGroup’s Chapter 11 Case: Represented creditors in Chapter 11 Case for SemGroup.
- Extended Stay Hotels and MSR Resorts Chapter 11 Cases: Represented major creditors in Chapter 11 cases for Extended Stay Hotels and MSR Resorts
- Syncora: Represented Syncora a major financial institution in restructuring
New York University School of Law
J.D., magna cum laude
- Order of the Coif
- Seymour Goldstein Labor Law Prize
Awards & Accolades
- Recognized by IFLR1000 as a Rising Star
- According to The Legal 500 United States, “… [Joel’s] former in-house experience means he has ‘a deep and unique understanding of what his bank clients are looking for’.”