Erin Fay joined Wilson Sonsini Goodrich & Rosati, a provider of legal services to technology, life sciences and growth enterprises worldwide, as a corporate partner in the Wilmington, DE office, where she will be a member of the restructuring practice. Fay is the third partner to join Wilson Sonsini in Wilmington in the last seven months, reflecting the firm’s success in expanding both the scope of services it offers clients and its team in Delaware — an important location for corporate and commercial matters in the United States.
Fay has spent the past 15 years focused on bankruptcy and restructuring matters. Over the same period, she also amassed significant Delaware law experience, making her background not only unique, but valuable to clients since Delaware is one of the country’s top two bankruptcy venues. Companies registered in Delaware are more likely to file a bankruptcy case there for many of the same reasons they chose to incorporate in the state—the expertise and experience of Delaware’s judiciary system and the bar in overseeing complex disputes and matters of law in the state’s judicial venues.
“Adding Erin, with her unique balance of bankruptcy, restructuring, and Delaware law experience, represents another successful step toward expanding the range of sophisticated services we offer clients and our latest effort to expand our talented Delaware team,” Doug Clark, managing partner at Wilson Sonsini, said. “While many of our clients remain engaged in pursuing acquisitions, mergers and other strategic transactions, there are some that will need to confront market challenges, and they’ll benefit from the expert counsel that Erin and others in the firm can provide.”
Throughout her career, Fay has represented a broad range of clients — including debtors, lenders, individual creditors, equity holders, official committees and ad hoc committees — in Chapter 11 cases and out-of-court restructurings. She has also represented companies preparing for Chapter 7 filings, representing foreign representatives in Chapter 15 proceedings and representing assignees in assignments for the benefit of creditors under Delaware law in the Delaware Court of Chancery. In addition, Fay has counseled management, boards and creditors on an array of issues related to distressed companies, the rights of creditors and insolvency. She has represented clients in a variety of industries, including the energy, financial services, healthcare, manufacturing, retail and transportation sectors.
“I am truly excited about joining Wilson Sonsini and the opportunity to work with the team in Wilmington and others across the firm,” Fay said. “Wilson Sonsini has an amazing platform and brand that’s been built through its work with impressive clients. I am thrilled to be able to strengthen the firm’s offerings to companies needing liquidity solutions or exploring restructuring alternatives. I also look forward to being part of the firm’s dynamic, collaborative culture and am ready to leverage my experience to help the firm address the needs of its clients.”
Wilson Sonsini’s bankruptcy and restructuring practice represents debtors, creditors and other constituents in matters involving distressed entities. The firm negotiates and assists companies in executing upon restructuring agreements and workouts on behalf of private and public companies, and also represents banks, private equity firms and other financial institutions in restructuring and bankruptcy matters.
Before joining Wilson Sonsini, Fay was a partner at Wilmington-based Bayard, where she was a member of that firm’s business restructuring and liquidations group. Prior to joining Bayard in 2017, she worked at Morris, Nichols, Arsht & Tunnell as an associate for more than eight years. Previously, Fay clerked for three judges of the United States Bankruptcy Court for the District of Delaware. She is the immediate past Chair of the Bankruptcy Section for the Delaware State Bar Association.
