In the News

Chambers USA Recognizes Haynes and Boone Lawyers, Practices

Chambers USA: America’s Leading Lawyers for Business 2009 has singled out 36 Haynes and Boone, LLP lawyers in 16 practices for recognition in its annual law firm rankings. The firm was also honored for having 13 separate areas of practice that lead at the state and national levels. >>



Recent Publications

Weathering the Storm: Fiduciary Duties of Officers and Directors in Troubled Company Situations

Directors and officers managing corporations, especially when the corporation is insolvent or operating in insolvency situations, need to be cognizant of their fiduciary duties. This alert provides a brief overview of these fiduciary duties, including practical considerations in the exercise of these duties. >>



Janice V. Sharry

Partner

Dallas


2323 Victory Avenue
Suite 700
Dallas, Texas 75219
T +1 214.651.5562
F +1 214.200.0620

Areas of Practice

Education

  • J.D., Southern Methodist University Dedman School of Law, 1977, magna cum laude; Order of the Coif; Research Editor, Southwestern Law Journal
  • B.A., Knox College, 1973, cum laude; Phi Beta Kappa

Bar Admissions

  • Texas

Janice Sharry has more than 30 years of experience in diverse areas of corporate finance, including mergers and acquisitions, public offerings, private placements, and other securities offerings (including representation in international offerings). Her extensive experience in mergers and acquisitions includes hostile, friendly, and cross-border transactions, as well as acquisitions and sales of assets in the Bankruptcy arena. She has served as head of the Corporate Finance Group and currently serves on the Board of Directors of Haynes and Boone.

Ms. Sharry's recent transactions include:

  • Represented Fortune 100 company in connection with the acquisitions of publicly-held corporations and other entities both in and outside of bankruptcy.

  • Represented NYSE listed company in connection with the sale of senior notes and preferred stock and the refinancing of senior credit facility.

  • Represented NASDAQ listed oil and gas exploration company in connection with acquisition of Toronto Stock Exchange listed oil and gas exploration and production company.

  • Represented leveraged buy-out group in a number of strategic acquisitions, including acquisitions of oil and gas, healthcare, aviation and retail operations.

  • Represented a Fortune 100 company in connection with three separate divestitures of non-strategic subsidiaries.

  • Represented various companies in connection with acquisitions of television and radio stations.

  • Represented New York-based investment banking firms in connection with underwritten equity and debt offerings (including initial public offering and Rule 144A transaction).

  • Represented project development corporation in connection with the formation of a joint venture for the development of Texas merchant power plant and various acquisitions.

  • Represented a number of large investment partnerships in connection with investments in various companies, including investments in publicly-held entities, technology-related investments and other venture capital transactions.

  • Represented various companies in connection with proxy contests (both offensively and defensively) and in designing various anti-takeover mechanisms and strategies.

  • Represented NYSE, AMEX and NASDAQ listed companies in connection with capital raising activities, both in the United States and internationally.

Recent Publications and Speeches

  • Author, "Exemptions and Scope of Regulations," 2 Texas Corporations

  • Co-Author, "Outline of the Sarbanes-Oxley Act of 2002," IATA International Legal Symposium, February 2003

  • Panelist, "New Legislative and Regulatory Reforms," Symposium for Chief Legal Officers, September 2002

  • Panelist, "Sarbanes-Oxley Issues," Things That Go Bump in the Night, October 2002

  • Speaker, Practicing Law Institute, Securities Filings 2003

Honors

  • Named one of the Best Lawyers in Dallas in 2003, 2007-2009 (D Magazine)

  • Named a Texas Super Lawyer for 2003-2009 (Texas Monthly Magazine)

  • Named one of the Top 50 Women Lawyers in Texas in 2005 and 2007 (Texas Monthly Magazine)

  • Named a "Top Notch" Lawyer for Mergers and Acquisitions and Corporate Securities (Texas Lawyer - 2007)

  • Named one of the Best Lawyers in America - Corporate Law (Woodward/White, Inc., 2006-2010)

  • Selected for the International Who's Who of Aviation Lawyers for 2010 (Who's Who Legal)

  • Dallas Business Journal 2007 M&A Award for Best Contribution By A Law Firm for Aviall-Boeing transaction

  • Recognized by Chambers USA 2008-2009 as one of the leading practitioners in the United States for Corporate/M&A

  • Atlas Award for Turnaround Deal of the Year (above $100 million) 2009

Professional Leadership

  • Board of Directors, Dallas Summer Musicals
  • Board of Directors, International Women’s Forum
  • Former Chairman and Board of Directors, Executive Women’s Roundtable
  • Board of Directors, Haynes and Boone, LLP

Selected Representative Experience


Merger with the Boeing Company and Aviall
Haynes and Boone represented Aviall Inc. in the company’s $2.05 billion merger with the Boeing Company. The deal represented the largest purchase for Boeing in a decade. As the world's largest independent provider of new aerospace parts and related aftermarket services, Aviall is a leading solutions provider of aftermarket supply-chain management services for the aerospace, defense and marine industries.

Panda Ethanol, Inc.
Haynes and Boone represented Panda throughout the development, as sole counsel, and in the final project financing as co-counsel in a complex $188 million debt financing of its 100 million gallon-per-year ethanol facility employing novel technology in Hereford, Texas. Senior debt financing consisted of a $158.1 million senior secured credit facility which includes a $5 million working capital facility and a letter of credit supporting $50 million in tax-exempt bonds that were issued by the Red River Authority of Texas. Additionally, the project financing included a $30 million subordinated debt credit facility.

Acquisition - TWA Assets
American Airlines in its acquisition of Trans World Airways (TWA) assets out of Chapter 11 proceedings.

Delphi Corporation
Representation of a hedge fund that was both a major creditor and equity holder of Delphi. The fund sought to serve as a lead plan proponent with the Debtors. The fund's proposal was determined not to be the highest and best proposal. Delphi ultimately confirmed another plan of reorganization with the assistance of the U.S. government and General Motors in conjunction with the GM Chapter 11 case. Creditors received significantly less than they would have received under the original plan proposal.

Debtor-in-Possession Financing and Exit Financing
Represented the administrative agent in connection with the negotiation, documentation, closing and ongoing administration of a debtor-in-possession financing and a subsequent exit financing for a major manufacturer of paper products.

Highland Capital Management, LP in its Acquisition of Cornerstone Healthcare Group
Represented Highland Capital Management, LP in its acquisition of Cornerstone Healthcare Group, an Austin-based provider of long-term acute care (LTAC) hospital services.

American Airlines Acquisition of TWA's Assets - Latin America and Caribbean
Advised American Airlines in the acquisition of Trans World Airways (TWA) assets out of Chapter 11 proceedings.  Aircraft were located in the U.S. and 13 foreign jurisdictions, including Mexico and parts of Latin America, Caribbean, Europe, and the Middle East.

America West Airlines
Represented GE Public Finance as lender to America West Airlines for the construction of the baggage handling system at the new Denver Airport. Successfully obtained payment in full for client before confirmation of plan because of threat of not allowing completion of project.

American Airlines Proposed Spin-Off or Sale of American Eagle
Represented American Airlines in connection with its proposed spin-off or sale of American Eagle, a wholly-owned subsidiary of AMR Corporation.

Highland Capital Management Bid to Acquire Delphi Corporation
Represented Highland Capital Management LP in its $4.7 billion bid to acquire Delphi Corp. Highland, as Delphi Corp.'s then-second-largest shareholder, offered its plan to recapitalize the auto parts giant to top an earlier offer of $3.4 billion made by an investment group led by Appaloosa Management and Cerberus Capital Management L.P. Extensive negotiations were held between Highland and Delphi, with Delphi ultimately proceeding with Appaloosa/Cerberus.

Dean Foods Co. in Numerous Acquisitions of Various Dairy Assets
Represents Dean Foods Co. in numerous acquisitions of various dairy assets.

Represent Special Committee of Board of Directors - Hallwood
Represents the Special Committee of Hallwood’s Board of Directors in connection with various transactions with affiliates and a proposed sale of a subsidiary to an affiliate.

PIPE - Common Stock - Toreador Resources Corporation
Proceeds from the placement were used to help fund 2007 exploration and development activities for Toreador Resources Corporation.

Representation of Majority Secured Lender in Chapter 11 Case - Manufacturer of Tissue Products
Represented the majority secured lender in the Chapter 11 case, filed on Newark, New Jersey, of a leading manufacturer of tissue products with a strong presence in the Northeast.

Memberships

  • State Bar of Texas, Business Law Section
  • American Bar Association, Committees on Securities Regulation, Privately Negotiated Acquisitions, and Model Trust Indenture
  • Chair, Executive Women's Roundtable of the Dallas Chamber of Commerce

Online Publications

07/20/2009 - Weathering the Storm: Fiduciary Duties of Officers and Directors in Troubled Company Situations
Directors and officers managing corporations, especially when the corporation is insolvent or operating in insolvency situations, need to be cognizant of their fiduciary duties. This alert provides a brief overview of these fiduciary duties, including practical considerations in the exercise of these duties.

02/12/2009 - SEC Mandates Interactive Data Financial Reporting
The Securities and Exchange Commission (SEC) issued rules that will require most public companies to file financial statements with the SEC in eXtensible Business Reporting Language (XBRL). Interactive data in XBRL format permits users of financial information to automatically download financial data directly into documents and analytical tools.

12/07/2007 - Dallas Business Journal M&A Award 2007: Best Contribution by a Law Firm
Reprinted with permission from the Dallas Business Journal © 2007

11/28/2005 - 2006 ISS U.S. Corporate Governance Policy Updates

01/31/2003 - 24 - SEC Adopts New Rules on Auditor Independence
On January 28, 2003, the SEC published additional rules regarding the independence of accounting firms that audit the financial statements of public companies. These rules are a result of the Sarbanes-Oxley Act of 2002 (the “Act”) and were adopted by the SEC in accordance with Section 208(a) of the Act, although certain aspects of the rules expand upon the auditor independence provisions of the Act.

01/28/2003 - SEC Adopts Rules Governing Determination and Disclosure of Audit Committee Financial Experts

01/24/2003 - SEC Adopts Code of Ethics Disclosure Rules

01/24/2003 - SEC Adopts Rules Governing Disclosure of Non-GAAP Financial Measures and Amendments to Form 8-K

12/04/2002 - SEC Proposes Rules to Federalize Professional Conduct for Lawyers Practicing Before the SEC

11/01/2002 - SEC Proposes Rules on Internal Controls, Ethics Codes and Financial Experts on Audit Committees

09/18/2002 - NYSE Submits Changes to Corporate Accountability and Listing Standards to SEC for Approval

09/10/2002 - SEC Issues Final Rules On Accelerated Filing Deadlines for Certain Public Companies

09/04/2002 - SEC Issues Final Rules on Certification of Disclosure in Quarterly and Annual Reports

08/30/2002 - Sarbanes-Oxley Prohibition on Loans to Executives May Conflict with Compensation Practices

08/30/2002 - Sarbanes-Oxley Act of 2002: SEC Adopts Amendments to Accelerate Section 16 Filings

08/28/2002 - Sarbanes-Oxley Act Section 302 Certification

08/14/2002 - Sarbanes-Oxley Act of 2002: Important Changes to Insider Reporting Deadlines under Section 16

08/09/2002 - Sarbanes-Oxley Act of 2002: Suggestions for Compliance

08/02/2002 - Considerations for Sarbanes-Oxley Act Certification

07/31/2002 - Sarbanes-Oxley Act of 2002 Promises Far-Reaching Implications for Public Companies

05/20/2002 - SEC Emphasizes MD&A Disclosures, Proposes Rule for MD&A Disclosure of Critical Accounting Policies