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Malithi Fernando

Malithi Fernando

Associate
About

Malithi Fernando is an experienced financial and corporate restructuring lawyer, undertaking a broad range of complex restructurings and represents clients across all sectors.

Malithi represents debtors, purchasers of distress assets and other interested parties in a wide range of restructuring and insolvency matters, including out of court workouts and cases under chapters 11 and 15 of the US Bankruptcy Code and cross-border insolvency proceedings.

Areas of FocusFinanceRestructuring
Bar admissions / Professional QualificationsNew YorkSolicitor of the Senior Courts of England and Wales

EXPERIENCE

USA

  • Counsel to debtor UpHealth Holdings, Inc. and certain of its subsidiaries in connection with their chapter 11 cases in In re UpHealth Holdings, Inc. et al. in the United States Bankruptcy Court for the District of Delaware.
  • Counsel to debtor Pennsylvania Real Estate Investment Trust and certain of its subsidiaries in connection with their chapter 11 cases in In re Pennsylvania Real Estate Investment Trust, et al., in the United States Bankruptcy Court for the District of Delaware.
  • Counsel to pharmaceutical company, Vyera Pharmaceuticals, LLC and certain of its affiliates, in connection with their subchapter V cases in In re Vyera Pharmaceuticals, LLC, et al. in the United States Bankruptcy Court for the District of Delaware. As part of this representation, DLA Piper assisted in a combination sale and restructuring of the Debtors' businesses through a fully consensual joint subchapter V plan of reorganization and liquidation.
  • Counsel to NextPoint Financial, Inc. and certain of its affiliates in connection with its cross-border restructuring in Canada under the Companies' Creditors Arrangement Act and in the United States under chapter 15 of the United States Bankruptcy Code.
  • Counsel to purchaser, NCI Group, Inc., an affiliate of Cornerstone Building Brands, in connection with its acquisition of substantially all assets of Bridger Steel, Inc. in In re Bridger Steel, Inc.
  • Representation of one of the largest microfinance companies in the world in out-of-court negotiations with its lenders with respect to its distressed foreign subsidiaries.
  • Counsel to the foreign representatives of Arcadia Global (USA) Limited (in administration), the London-based operator of TopShop/TopMan retail stores, in connection with the chapter 15 case In re Arcadia Global (USA) Limited before United States Bankruptcy Court for the Southern District of New York.

UK

  • Acting for an American conglomerate (NYSE-listed) on a multinational corporate reorganisation involving 82 jurisdictions.
  • Acting for a syndicate of banks and swap counterparties on refinancing a GBP700 million real estate finance facility and advising on the security position in relation to a marquee London commercial real estate asset.
  • Acting for the junior secured noteholder (NYSE-listed) in respect of its debt and security in a large UK consumer finance business. This matter involved amending and restating the loan note and intercreditor arrangements, taking new security and advising the client in respect of its buy-out rights. We also advised the client in its due diligence and proposal to purchase the business and assets of the borrower group from the administrators.
  • Advising the boards of directors of approximately 200 multinational group subsidiaries following the liquidation of their LSE-listed parent company. The group companies specialised in facilities management and construction services.
Education
  • LL.B., Law, The London School of Economics and Political Science

  • University of Law, Legal Professional Course in Law (Distinction)

Publications and media

Prior Experience

  • 2022 to date, Associate, DLA Piper, New York (Restructuring Group)
  • 2017 to 2022, Associate, DLA Piper, London (Restructuring Group)
  • 2015 to 2017, Trainee Solicitor, DLA Piper, London

Additional Experience

  • April 2019 to July 2019, Seconded to the Chicago office to develop a network with the firm's US clients and colleagues and gain an understanding of the US Bankruptcy Code.
  • February 2017 to 2022, assisting human rights charity Reprieve with legal drafting and search tasks to assist on death penalty cases.
  • November 2015 to March 2016, seconded to the Structured Derivatives and Corporate Risk Solutions team at RBS, assisting on an FCA mandated project and advising on ad hoc transaction issues and queries from the business.

Memberships and Affiliations

  • The Law Society of England and Wales

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