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Charles A. Dale III

Partner
+1.617.261.3112
Fax +1.617.261.3175
Mr. Dale has over 25 years of experience in corporate reorganizations and debt restructurings. He represents troubled companies, equity sponsors, creditor committees, indenture trustees, secured and unsecured lenders, trustees and receivers in complex out-of-court debt restructurings, and formal insolvency proceedings, including bankruptcies and receiverships. He has also served as a court appointed Chapter 11 trustee and frequently represents purchasers of financially distressed businesses.

Professional Background

Prior to joining K&L Gates, Mr. Dale was the co-managing partner in the Boston office of a Northeast regional law firm. He is also a former student law clerk to then Chief Bankruptcy Judge James N. Gabriel of the United States Bankruptcy Court for the District of Massachusetts.

Achievements

  • Inducted as a fellow of the prestigious American College of Bankruptcy in 2014.  
  • Named as the 2014 "Lawyer of the Year" by U.S. News-Best Lawyers® for Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law in Boston.
  • Named as the 2018 "Lawyer of the Year" by The Best Lawyers in America® for litigation - bankruptcy.
  • Recognized in the 2018 edition of The Best Lawyers in America® for Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law and litigation - bankruptcy.
  • Since 2005, “Chambers USA,” “Best Lawyers in America,” and “Super Lawyers” have consistently recognized Mr. Dale as one of the top restructuring and bankruptcy lawyers in the Commonwealth of Massachusetts. 
  • In 2006, Mr. Dale was named one of the top 100 lawyers in Massachusetts and he has been recognized as one of the top 100 lawyers in New England.
  • In 1998, he was featured in “Lawyers Weekly” as one of five up and coming lawyers in the Commonwealth of Massachusetts. 

Professional/Civic Activities

  • American College of Bankruptcy (Fellow)
  • American Bankruptcy Institute
  • Turnaround Management Association
  • Boston Bar Association

Speaking Engagements

Mr. Dale has written and presented articles on a wide range of matters including the reorganization of professional sports franchises, intellectual property licensing in bankruptcy, executory contracts, director and officer liability insurance and income and property taxation in bankruptcy.  His presentations include:

  • “Distressed Investing”, Presented at the 2017 Harvard Business School Investment Conference (April 2017)
  • “Appeal Issues and Equitable Mootness Revisited,” Presented at the Boston Bar Association’s 26th Annual Bankruptcy Bench Meets Bar Conference (May 2016)
  • “Managing Credit Risk in the Post-Lehman World: Protecting Investment & Finance Transactions Against Potential Bankruptcy Fallout,” K&L Gates Webinar (October 2015)
  • “Oil and Gas Contracts in Bankruptcy,” Presented to Washington Analysis LLC (March 2015)
  • “Issues Affecting Private Equity Firms,” Presented at the American Bankruptcy Institute 19th Annual Northeast Bankruptcy Conference (July 2012).
  • "Confirmation Issues," Presented at Boston Bar Association’s 21st Annual Bankruptcy Bench Meets Bar Conference (May 2011)
  • "Intellectual Property and Bankruptcy," Presented at MCLE’s 12th Annual New England Bankruptcy Law Conference (October 2010)
  • "Acquisitions & Sales of Distressed Middle-Market Businesses," Presented by MCLE (April 2010)
  • "Hedge Fund Workouts and Bankruptcy Cases,” Presented at the American Bankruptcy Institute 16th Annual Northeast Bankruptcy Conference (July 2009)
  • "Asset Sales In or Out of Bankruptcy: How Do You Choose," Presented to MCLE 10th Annual Bankruptcy Law Conference (October 2008)
  • "Debt Recharacterization," Presented to MCLE 8th Annual Bankruptcy Law Conference (September 2006)
  • "Access to Business Credit and Capital for Manufacturers," Presented to Associated Industries of Massachusetts (April 2006)
  • "Valuation," Presented to Association of Insolvency and Restructuring Advisors Annual Meeting (June 2005)
  • "Dealing with Governmental Units," Presented to American Bankruptcy Institute Annual Northeast Regional Conference (July 2005)
  • Bankruptcy counsel to Lower Passaic River Area Cooperating Parties Group in the Maxus Energy Corp. Chapter 11 cases.
  • Bankruptcy counsel to Tier 1 auto supplier Clark-Cutler-McDermott Company.
  • Chapter II trustee for Buckingham Oil Interests, an oil and gas exploration and production company headquartered in Massachusetts.
  • Bankruptcy counsel to specialty retailer Brookstone Company, Inc. (and affiliates).
  • Bankruptcy counsel to Landauer Metropolitan (and affiliates), the largest distributor of durable medical equipment in the Northeastern United States.
  • Bankruptcy counsel to Tri-Valley Corporation (and affiliates), a publicly traded oil and gas exploration and production company.
  • Restructuring counsel to equity sponsors of multi-level marketer of consumer goods and oil field services company.
  • Restructuring counsel to contract pharmaceutical services provider.
  • Restructuring counsel to major Northeast home builder.
  • Bankruptcy counsel to The Rugged Bear retail chain of children’s clothes.
  • Bankruptcy counsel to Oscient Pharmaceuticals Corporation (and wholly owned subsidiary, Guardian II Acquisition Corp.).
  • U.S. Counsel to Joint Liquidators of Bermuda based hedge fund complex, Stewardship Credit Arbitrage Fund Ltd., SCAF1 Ltd. and Putnam Green Ltd.
  • Bankruptcy counsel to numerous fund sponsors, fund managers and registered investment advisors in connection with Securities Investor Protection Act liquidation of Lehman Brothers Inc. and related Chapter 11 proceedings for Lehman Brothers Holdings.
  • Restructuring counsel to a Midwestern producer of liquid eggs and related products.
  • Restructuring counsel to several high-end golf course and residential real estate developers in New England.
  • Restructuring counsel to numerous private equity backed businesses in connection with out of court restructurings, including a manufacturer of food and tobacco processing systems, a medical and pharmaceutical education service firm, nationwide package delivery service, a polyethylene pipe manufacturer, a contract manufacturer of medical devices and a manufacturer of specialty transportation equipment.
  • Bankruptcy counsel to Shreve, Crump & Low (and affiliate, Schwarzschild Jewelers), the oldest continuously operating retail jeweler in North America, in connection with the highly successful sale of both chains to separate purchasers.
  • Bankruptcy counsel to Source Precision Medicine, a leading molecular diagnostics firm, in the successful recapitalization of its business through Chapter 11.
  • Bankruptcy counsel to Video Update, one of the largest specialty video retailers in North America, in connection with the successful recapitalization and reorganization of the company through Chapter 11.
  • Bankruptcy counsel to numerous official committees in bankruptcy cases involving the following companies: GPX International Tire Corporation, Merrimac Paper Company, Bay State Paper Co., Right-Way Dealer Warehouse, Cornell Trading, Iron Age Corporation, Coudert Brothers LLP, USM Corporation, Harvard Clinical Technology, Inc., County Seat Stores (special counsel), Essential.com, Number Nine Visual Technology and Auburn International.
  • Appointed Special Assistant Attorney General for the Commonwealth of Massachusetts in bankruptcy proceedings for Modern Continental Construction Co., one of the largest prime contractors on Boston’s Central Artery/Third Harbor Tunnel project (i.e. the “Big Dig”).
  • Bankruptcy counsel to numerous project owners, including State Street Bank, Blue Cross Blue Shield and Mellon Bank in connection with the Chapter 11 proceedings for Payton Construction Co.
  • Bankruptcy counsel for a major U.S. lender and post-confirmation Plan Trust in connection with the collapse of The Education Resources Institute, a guarantor of more than $20 billion of private student loans.
  • Bankruptcy counsel for the Managing General Partner of the Pittsburgh Penguins during the National Hockey League franchise’s Chapter 11 proceedings in 1998 and 1999.
  • Counsel to purchasers of numerous distressed businesses both in and out of court, including a national chain of restaurant and entertainment centers, multiple pharmaceutical firms, a national off-price clothing retailer, a computer aided design software firm, a fault tolerance and disaster recovery software maker and the Dutch subsidiary of a multi-national manufacturer of particle accelerator systems.
  • Counsel to numerous officers and directors in connection with restructuring and bankruptcy proceedings and subsequent director and officer liability actions.