Keith McDaniels

KEITH MCDANIELS

OF COUNSEL

direct: 415.484.6098

email: kmcdaniels@kbkllp.com

EDUCATION:

University of Washington (B.A., with distinction, 1990, Phi Beta Kappa)
New York University School of Law (J.D., 1996)

ADMISSIONS:

California, including all federal courts

BIOGRAPHY

Keith McDaniels advises management teams, independent boards, equity funds and purchasers on matters involving corporate governance, distressed mergers and acquisitions, finance and restructurings for companies facing financial or operating challenges. He has devised creative strategies for companies to market and sell divisions and key assets, recapitalize their balance sheets and find and negotiate new financial support. Recently he represented a public life sciences company in a transaction taking it private.

Keith represents clients throughout the country in many industries. He has substantial experience guiding technology companies from multi-billion dollar public companies to emerging growth start-ups in the software, hardware, telecommunications and life sciences industries. He has evaluated issues and devised strategies for matters involving intellectual property, licensing, and data privacy and security laws. He developed a process for minimizing risks with migrating and cleansing data from a cloud storage company’s servers. He represented a professional services company in its successful spin out from a distressed Florida based software development company parent. He has advised purchasers on strategies for acquiring assets from distressed companies and negotiated and drafted purchase agreements, including transactions to acquire a book publisher, a database services company and a software development company. In addition, Keith has advised companies about credit protection strategies to minimize exposure from troubled customers and has represented numerous creditors’ committees in many different industries including automotive, real estate development, subprime lending, construction, steel component manufacturing, telecommunications and software development.

Listed in Best Lawyers, Keith has written articles and books on distressed mergers and acquisitions and restructuring matters. He regularly lectures for organizations on corporate governance, distressed mergers and acquisitions and restructuring topics.

PROFESSIONAL EXPERIENCE

Law Clerk to Hon. Leslie Tchaikovsky, United States Bankruptcy Court, Northern District of California

(1996 – 1998)

Winston & Strawn LLP

Partner (2005-2009);

Associate (2003 – 2005)

Keller Benvenutti Kim LLP

Of Counsel

(2015 – present)

Murphy Sheneman Julian & Rogers PC

(1998 – 2003)

Cooley LLP

(2010 – 2014)

REPRESENTATIVE ENGAGEMENTS

In re Wrap Media, LLC – represented official committee of unsecured creditors in sale of substantially all of its assets. Led sale efforts of company through bankruptcy process.
In re Nirvanix, Inc., USBC, D. Del. – lead counsel for cloud data services provider in sale and wind down; sold key intellectual property to Fortune 100 company.
Cybersecurity Company – lead counsel for cybersecurity networking company in acquisition of its senior secured debt and preferred stock interests by a private equity fund.
In re Biomoda, Inc., USBC, D. N.M. – lead counsel for publicly-traded life sciences development company in chapter 11 reorganization, which recapitalized balance sheet and took company private.
Clean Tech Manufacturer – lead counsel for energy efficiency module manufacturer in its acquisition by a Fortune 500 manufacturer and servicer of engines and related technologies.
In re Pacific Metro LLC, a/k/a The Thomas Kinkade Company, LLC, USBC, N.D. Cal. – lead counsel to official committee of unsecured creditors in the Thomas Kinkade Company reorganization.
Circuit City Stores, Inc., Liquidating Trust v. Logitech, Inc., USBC, E.D. Va. – lead counsel for defendant in multi-million dollar preference action; successfully reached mediated settlement.
In re TLC Vision U.S. Corp and its affiliates, USBC, D. Del. – represented official committee of unsecured creditors in reorganization case for laser surgery centers.
In re Intermet Corporation and its affiliates, USBC, D. Del. – represented official committee of unsecured creditors in reorganization case for auto parts manufacturer and supplier to OEMs.
In re Renaissance Customer Homes, USBC, D. Ore. – lead counsel to official committee of unsecured creditors in reorganization of residential home developer.
In re CFM U.S. Corporation and its affiliates, USBC, D. Del. – represented official committee of unsecured creditors in cross border reorganization case of fireplace and stove manufacturer.
In re Quality Home Loans, Inc., USBC, C.D. Cal. – lead counsel to official committee of unsecured creditors in reorganization case for Southern California based subprime lender.
In re Silicon Graphics, Inc. and its affiliates, USBC, D. Del. – represented official committee of unsecured creditors in distressed sale and wind down of graphics software and hardware developer, manufacturer and distributor.
In re Constellation Concepts, Inc. and its affiliates, USBC, N.D. Cal. – lead counsel of multi-concept specialty restaurant chain in successful sale of business to private equity fund.

* Other representations available upon request.

Professional Experience

Representative Engagements