DUSTON MCFAUL advises clients through complex restructurings, distressed investments and contested proceedings. As the local practice leader in Texas of Sidley’s global restructuring group, Duston represents debtors, lenders/creditors, sponsors, boards and buyers in all aspects of Chapter 11 cases, out-of-court negotiated workouts, and the development of transaction strategies. In addition, he has prosecuted and defended a full array of matters based upon alleged business torts, valuation, fraudulent transfer, lifting of stay, rejection/assumption, conversion, cramdown, fiduciary duties and challenges to commercial transactions. Duston is licensed in both Texas and New York, and his practice has involved cases throughout most Circuits of the U.S. as well as the Virgin Islands and Puerto Rico.
Duston has been widely recognized for his leadership and guidance. At the end of 2020, he was selected to Turnarounds & Workouts “Outstanding Restructuring Lawyers” (limited to 15 professionals nationally) and was the only Texas-based attorney recognized. Noting his “reputation as a thoughtful and creative problem solver,” he has been routinely recognized in Chambers USA for his Bankruptcy/Restructuring Law practice (2013–2020). Chambers USA highlights “his well-earned reputation as a strong presence in bankruptcy litigation,” and that he is “praised by clients for his great guidance and insights in negotiations…and valued by clients for his work ethic and excellent grasp of the financial aspects of situations.” Duston also is recognized by The Legal 500 US in the area of Corporate Restructuring (2013–2020) and by The Best Lawyers in America in the categories of Bankruptcy and Creditor Debtor Rights (2010–2020) and Litigation — Bankruptcy (2011–2020), and was selected as a Texas Super Lawyer (2013, 2017–2020), and “Top Lawyers” by Houstonia (2018–2020).
Duston recently managed the Chapter 11 restructuring of Legacy Reserves, and in January 2021, the engagement won “Restructuring of the Year” recognition in the “Large Matter” category by the national Global M&A Network/Atlas Awards. He has been active recently in public matters such as Ursa Piceance Holdings, Chesapeake Energy, Echo Energy, Legacy, PREPA/Puerto Rico, Sanchez Energy, M&G Chemicals, Fieldwood, Gavilan, Kingfisher Midstream, EMAS Subsea, Preferred Sands, O’Benco Resources, Rex Energy, Beauty Brands, Bristow Group, Shoreline Energy, Southcross Holdings, Vanguard Resources, Key Energy Services, C&J Energy, Mossi & Ghisolfi, Ultra Petroleum, Miller Energy Resources, Linn/Berry Petroleum, Trinity River Resources, Reichmann Petroleum, Exploration Partners, CHC, Black Elk Resources, Buccaneer Resources, New Gulf, and Hanjin Shipping, as well as recently leading dozens of private restructurings in the energy sector. Duston also serves as the Houston Chair of a firmwide administrative committee.