Joshua Morse focuses his practice on all aspects of corporate restructurings, special situations and bankruptcy proceedings and represents bondholders, debtors, secured lenders, indenture trustees and ad hoc and official committees.

Joshua’s experience includes both out-of-court restructuring negotiations and representing constituencies in complex matters in bankruptcy courts throughout the United States. He serves clients across a wide range of industries and sectors, including technology, gaming, media, retail, aerospace, transportation, oil and gas, power generation, mining and manufacturing.

Representative Experience

  • Represented debtor Rockley Photonics Holdings Limited, a global leader in photonics-based health monitoring and communications solutions, in its chapter 11 case in the U.S. Bankruptcy Court for the Southern District of New York, successfully confirming a prepackaged chapter 11 plan that allowed Rockley to go private and restructure its business, eliminate more than $120 million of secured debt, and generate approximately $35 million in new funding from existing secured noteholders (In re Rockley Photonics Holdings Limited).
  • Represented indenture trustee for the 12.5% Senior Secured Notes due 2025 in the Clarus Therapeutics bankruptcy case (In re Clarus Therapeutics Holdings, Inc.).
  • Represented independent director conducting investigation of claims against affiliates and third parties in Mariner Health Central skilled nursing facility bankruptcy case (In re Mariner Health Central, Inc.).

View More

  • Represented certain holders of 12% Secured Notes Due 2025 and 4.75% Convertible Notes Due 2026 in connection with the restructuring and recapitalization of Quotient Limited (In re Quotient Limited).
  • Represented second lien secured lenders in the bankruptcy case of an e-commerce retail and software and services company that provided bulk pantry consumables to businesses and household customers (In re Boxed, LLC, et al.).
  • Represented Nikola Corporation in connection with its $144 million all-stock acquisition of battery supplier, Romeo Power, Inc.
  • Represented funds managed by Franklin Advisers, Inc. (FILO Term Loan Lenders and Exit Term Loan Lenders) in Remington Outdoor Company’s most recent bankruptcy case (In re Remington Outdoor Company, Inc.).
  • Represented an international software company providing self-service web applications for enterprise social software, electronic commerce, enterprise portals and customer relationship management in connection with the negotiation and implementation of its prepackaged chapter 11 plan to restructure its business through acquisition by a major shareholder (In re BroadVision, Inc.).
  • Represented Franklin Templeton in connection with a minority investment in Zand Bank, the UAE’s first native digital bank to provide both retail and corporate services.
  • Represented Quantum Corporation in connection with its acquisition of the video surveillance portfolio and assets of Pivot3, Inc.
  • Represented funds managed by Franklin Advisers, Inc. (bondholders) in connection with out of court note exchange transactions involving Goodrich Petroleum Corporation and Community Health Systems, Inc.
  • Represented the ad hoc group of secured term loan lenders and priority guaranty noteholders in connection with litigation, restructuring and recapitalization matters involving iHeart Communications.
  • Represented the ad hoc group of term loan B lenders on restructuring and recapitalization of Atlas Iron Limited Australia.
  • Represented funds managed by Franklin Advisers, Inc. (bondholders) in the city of Stockton’s municipal bankruptcy (In re City of Stockton, California).
  • Represented assignees and distressed buyers in connection with numerous California assignments for the benefit of creditors.
  • Represented Wells Fargo, Bank of America and Comerica Bank in connection with various special asset group situations.
  • Represented the post-Effective Date Liquidating LandCo Debtors and Tropicana Las Vegas, Inc. in the Tropicana Casino bankruptcy case (In re Tropicana Entertainment, LLC).
  • Represented the prepetition lender, debtor in possession financing lender and plan sponsor in the bankruptcy case of an operator of automated kiosk-based retail stores (In re NewZoom, Inc.).
  • Represented the non-distressed foreign joint venture partner of an algae-derived food, nutrition and specialty ingredients biotechnology company in the TerraVia bankruptcy case (In re TerraVia Holdings, Inc.).
  • Represented three members of a steering committee of lenders (mainly U.S. hedge funds) in connection with the restructuring and recapitalization of a company that produces and distributes frac sand and proppant materials used in oil and gas shale drilling.
  • Represented indenture trustee for the 7.5 percent Senior Notes Due 2016 in in the American Airlines bankruptcy case (In re AMR Corporation).
  • Represented second lien bondholders in the bankruptcy case of the operator of dating and entertainment websites (In re FriendFinder Networks, Inc.).
  • Represented the ad hoc bondholder groups in various complex chapter 11 bankruptcy cases, including In re Adelphia Communications Corporation, In re Solutia, Inc., In re Dade Behring Holdings, Inc., and In re SpectraSite Holdings, Inc.
  • Represented the debtors in complex chapter 11 bankruptcy cases, including In re Opal Concepts, Inc., In re Komag, Inc., In re Factory 2-U Stores, Inc., and In re Strouds, Inc.

Professional Highlights

  • Recognized by International Financial Law Review as a Rising Star in the IFLR 1000 (2023).
  • Selected as Insolvency & Restructuring Deal of the Year, 2016 Australasian Law Awards, restructuring and recapitalization of Atlas Iron Limited.
  • Recognized by Best Lawyers (published by BL Rankings LLC), Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law (2022 – 2024); Litigation – Bankruptcy (2023 – 2024).

View More

  • Recognized by The Legal 500 U.S. (2014 – 2016).
  • Named a Super Lawyers “Rising Star” (2007 – 2011).
  • External Publications
  • Associations
    • Board Member, Bay Area Bankruptcy Forum (2012 – 2017)
  • Speaking Engagements
    • Ten Things Creditors Need to Know after Receiving Notice of a Bankruptcy Filing, 2022 Pillsbury CLE California Marathon (January 11, 2022). Panelist.
    • Very Good Debates, American Bankruptcy Institute 25th Annual Southwest Bankruptcy Conference (September 2017). Panelist.
    • Hedge Fund Participation in Distressed Deals – Both In and Outside of Bankruptcy, Bay Area Bankruptcy Forum (December 2014). Panelist.
    • 5th Annual Year End Restructuring Market Review, TMA Northern California Chapter (November 2014). Panelist.
    • 3rd Annual Year End Restructuring Market Review, TMA Northern California Chapter (November 2012). Panelist.

Education

  • J.D., Santa Clara University School of Law, 2000
    Santa Clara Law Review, Comments Editor

    B.B.A., New Mexico State University, 1995
    with honors

Admissions

  • California

Courts

  • U.S. Court of Appeals for the Ninth Circuit

    U.S. District Court for the Central District of California

    U.S. District Court for the Eastern District of California

    U.S. District Court for the Northern District of California

    U.S. District Court for the Southern District of California

    U.S. District Court for the Southern District of Texas

Clerkships

  • Judicial Extern to H. Arthur S. Weissbrodt, U.S. Bankruptcy Court, Northern District of California (1999)