Benjamin J. Cordiano

Associate

Benjamin J. Cordiano focuses his practice on financial restructuring and insolvency as well as financial services transactions. He represents financial institutions in complex US and cross-border insolvencies and financial transactions, including workouts, creditors’ rights matters, and corporate reorganizations. Ben also has experience with insurance, reinsurance, and insurance insolvency matters, including insurance company and insurance brokerage transactions, and financings, both domestically and in cross-border transactions. He also regularly assists creditors in interpreting professional liability policies in bankruptcy situations.

selected representations

Counsel to City National Rochdale in connection with the design, formation and launch of a closed-end interval fund with a focus on insurance-linked securities.
Counsel to a group of institutional investors in connection with the amendment and restructuring of over $150 million of secured notes as part of the merger of United Arab Shipping Company and Hapag-Lloyd, a public multinational transportation company registered in Germany. The combined company is the fifth-largest shipping company in the world, with 230 vessels and capacity of 1.6 million TEU.
Counsel to a group of nine health insurers, including four of the five largest publicly traded health insurance companies in the United States, in connection with the rehabilitation proceeding of Penn Treaty Network America Insurance Company and its subsidiary American Network Insurance Company. Penn Treaty is the largest health insurance insolvency, and one of the largest insurance insolvencies, in history, with total projected losses in excess of $2 billion.
Counsel to the secured noteholders in the restructuring of a 55 MW biomass fueled electric generating facility, which was implemented through a state receivership proceeding and included the restructuring of over $180 million of secured notes and the engagement of new operations and maintenance and asset management providers.
Counsel to WNC Insurance in its leveraged acquisition of Highland Insurance Solutions, a specialty insurance broker for lender-placed insurance programs, and related senior secured debt financing.
Counsel to institutional investors in a $300 million private placement of senior notes issued by Corolla Trust and secured by a note issued by a subsidiary of Ambac Financial Group, Inc.
Counsel to Tokio Marine Kiln Group, Ltd., a UK underwriter, in its strategic acquisition of a 49% interest in NAS Insurance Services, a Los Angeles-based market leading provider of specialty insurance products.
Counsel to the bondholders in the restructuring of the leveraged lease of the Red Hills Generation Facility, a 440 MW electric generating facility in the southeastern United States. The out-of-court restructuring involved nearly $300 million of secured debt.
Counsel to Aetna Life Insurance Co. in connection with its acquisition of a Medicare Supplement business from Genworth through co-insurance and stock acquisition.
Counsel to the secured noteholders in the Lee Enterprises, Inc. Chapter 11 proceeding, in which nearly $1 billion of long-term debt was restructured through a pre-packaged plan of reorganization.
Counsel to the ad hoc bondholder group in the corporate reorganization of Takefuji Corporation. The ad hoc group was one of the first ever to form and enforce its rights in a Japanese corporate reorganization proceeding.
Counsel to the LFG Liquidation Trust created under the confirmed Chapter 11 plan of LandAmerica Financial Group. The trust obtained a favorable settlement in litigation against former officers and directors.
Counsel to a worldwide bondholder group in the restructuring of two major Icelandic banks, Glitnir and Kaupthing. He also advised more than 30 institutions in connection with all aspects of the claims filing process, including filing of more than 1,000 claims.
Counsel to the noteholders in the restructuring of Technicolor S.A. (formerly Thomson S.A.). The restructuring was implemented through a French Sauvegarde proceeding and concurrent Chapter 15 filing and involved more than €2.8 billion in senior debt.

Education

Boston College, 2004, Bachelor of Science, Finance, Magna Cum Laude
University of Connecticut School of Law, 2009, Juris Doctor, Highest Honors

Admissions

Connecticut
US District Court for the District of Connecticut

Awards and Affiliations

Member, American Bar Association

Member, Connecticut Bar Association

Member, Oliver Ellsworth Inn of Court

Member, American College of Investment Counsel

Member, International Association of Insurance Receivers

Recipient, American Bankruptcy Institute Medal of Excellence

Lead Notes & Comments Editor, Connecticut Law Review (Volume 41)

Member, Beta Gamma Sigma

Publications

7/11/2011 - In re River Road Hotel Partners, LLC: Seventh Circuit Holds That Secured Creditors Cannot Be Denied Credit Bid Rights

10/12/2010 - Summary of the Dodd-Frank Wall Street Reform and Consumer Protection Act