DUSTON MCFAUL has primary experience advising clients through complex restructurings, negotiated workouts, distressed investments and contested proceedings. As the local practice leader in Texas of Sidley’s global restructuring group, his focus involves representing debtors, lenders/creditors, sponsors, boards and buyers in all aspects of Chapter 11 cases, out-of-court restructurings and transaction strategies. In addition, he has prosecuted and defended a full array of matters based upon alleged breach, business torts, claim priority, valuation, fraudulent transfer, lifting of stay, rejection/assumption, conversion, cramdown, fiduciary duties and challenges to commercial transactions.
Duston frequently is recognized for his work and guidance. Noting his “reputation as a thoughtful and creative problem solver,” he is included in Chambers USA for his Bankruptcy/Restructuring Law practice (2013–2019). Chambers USA also highlights “his well-earned reputation as a strong presence in bankruptcy litigation,” and notes that Duston is “valued by clients for his work ethic and excellent grasp of the financial aspects of situations…and praised by clients for his great guidance and insights in negotiations.” 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), “Top Lawyers” by Houstonia (2018–2020) and a Super Lawyers “Rising Star” (2005–2006, 2008–2010). He was a Keeton Fellow and was named to the “Lawyers on the Fast Track,” by H Texas (2004). Duston has recently been active in public matters such as Legacy Reserves, M&G Chemicals, EMAS Subsea, Preferred Sands, O’Benco, 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, Exploration Partners, CHC, Black Elk Resources, Buccaneer Resources, New Gulf, and Hanjin Shipping, as well as leading dozens of private restructurings in the energy sector. Duston also serves as the Houston Chair of a firmwide administrative committee.
Admissions & Certifications
- U.S. Court of Appeals, 5th Circuit
- U.S. District Court, E.D. of Texas
- U.S. District Court, W.D. of Texas
- U.S. District Court, N.D. of Texas
- U.S. District Court, S.D. of Texas
- New York
- The University of Texas School of Law, J.D., 1997
- Duke University, A.B., 1993