DUSTON MCFAUL advises clients through restructurings, deleveraging transactions, distressed investments, and contested proceedings. As the practice leader in Texas of Sidley’s global restructuring group, he manages teams to advise borrowers, lenders/creditors, sponsors, boards, and buyers in all aspects of Chapter 11 cases, negotiated workouts, and deal strategies. In addition, he has prosecuted and defended a full array of cases based upon valuation, fraudulent transfer, 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 is routinely called upon by clients to handle their most complex matters. As a recent example, he managed the Chapter 11 restructuring of publicly-traded 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. In 2019, Duston was integral to a bankruptcy litigation team which was recognized by The American Lawyer for “a literal bet-the-company win” after a successful two-week trial in the Southern District of Texas. For 2021, Duston was selected to Turnarounds & Workouts “Outstanding Restructuring Lawyers” (limited to only 15 professionals nationally), and was further recognized as a “Lawyer of the Year” by The Best Lawyers in America for 2022.
Virtually every legal ranking organization has identified Duston as a leading lawyer. Other recognitions include The Legal 500 US in the area of Corporate Restructuring (2013–2022) and by The Best Lawyers in America in the categories of Bankruptcy and Creditor Debtor Rights (2010–2022) and Litigation — Bankruptcy (2011–2022). Duston was also selected as a Texas Super Lawyer (2013, 2017–2022), and “Top Lawyers” by Houstonia (2018–2020). Highlighting his “reputation as a thoughtful and creative problem solver,” Duston has been recognized in Chambers USA for his Bankruptcy/Restructuring Law practice (2013–2017), also emphasizing that Duston “is praised by clients for his great guidance and insights in negotiations”…“valued by clients for his work ethic and excellent grasp of the financial aspects of situations”… and exhibits a “well-earned reputation as a strong presence in bankruptcy litigation.” The Global Restructuring Review further reports that Duston is “thorough and extremely responsive…would refer Mr. McFaul to any party looking for counsel and strategy on a restructuring process,” (2022–2023).
Duston recently has been active in public matters such as Brazos Electric Power, Ursa Holdings, Limetree Bay Refinery, PREPA/Puerto Rico, Chesapeake Energy, Echo Energy, Sanchez Energy, M&G Chemicals, Legacy Reserves, Fieldwood Energy, Gavilan Resources, Kingfisher Midstream, EMAS Subsea, Preferred Sands, O’Benco Resources, Rex Energy, Beauty Brands, Bristow Group, Shoreline Energy, Southcross Holdings, Vanguard Resources, 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, Richland Resources, Key Energy Services, and Hanjin Shipping, as well as recently leading dozens of private restructurings.