Hugh McCullough

Partner

Hugh McCullough advises clients in litigations and transactions involving bankruptcy, the payments industry, and secured financings. He regularly helps clients with matters that never reach a courtroom, but in cases requiring litigation, he has argued and won in the Washington Supreme Court, the 9th Circuit Court of Appeals, and federal courts around the country.

Practice Highlights

Bankruptcy sales, fraudulent-transfer litigation, and fiduciary-duty litigation

Represents debtors, creditors, and bidders in bankruptcy and receivership sales, and represents plaintiffs and defendants in connection with fraudulent-transfer and fiduciary-duty litigation. Also defends professionals unfairly accused of acting improperly in connection with bankruptcy cases.

Payments industry

Advises clients in the payments industry on litigations and bankruptcies, including card issuers and payment processors in connection with the bankruptcies of an airline, several retailers, and a manufacturer of consumer products.

Secured financing

Negotiates and structures financings in and out of bankruptcy. Advises clients on debtor-in-possession financing orders and cash-collateral orders, and represents financial institutions in troubled loans and out-of-court workouts.

*Denotes experience prior to joining Davis Wright Tremaine

Admitted to Practice

Washington
New York
U.S. Court of Appeals 9th Circuit
U.S. District Court Western District of Washington
U.S. District Court Eastern District of Washington
U.S. District Court Southern District of New York
U.S. District Court Northern District of New York
U.S. District Court Eastern District of New York
U.S. District Court District of Colorado

Education

J.D., Northwestern University School of Law, 2004, cum laude
- Senior Articles Editor, Northwestern University Law Review
- Dean’s List
- Philip C. Jessup Moot Court
B.A., History and Political Science, Kansas State University, 2001

Memberships & Affiliations

- American Bankruptcy Institute
- Board Member, 2016-present; President, Board of Directors, 2016-2018 — Consumer Education and Training Services (CENTS)
- Member, Board of Directors, Turnaround Management Association, Pacific Northwest Chapter, 2015-2020
- Member, Board of Directors, Special Olympics Washington, 2022-present
- Member, Amicus Brief Committee, Washington State Bar Association, 2014-2016

Professional Recognition

- Listed as "Up and Coming" by Chambers USA in Bankruptcy/Restructuring (Washington), 2016-2021; Received "Band 2" ranking, 2019-2021
- Selected for "11th Annual Turnaround Award: Materials Deal of the Year (Under $250MM)" for 363 Sale of Quantum Technologies by The M&A Advisor, 2017
- Named one of the "Best Lawyers in America" in Bankruptcy and Creditor Debtor Rights by Best Lawyers, 2017; named in Insolvency and Reorganization Law, 2017
- Lawyers Alliance for New York 2008 Cornerstone Award for outstanding pro bono legal service (member of Davis Polk & Wardwell team led by John Fouhey)
- Selected to "Washington Super Lawyers," Thomson Reuters, 2013-2015

Background

- Associate, Credit, Insolvency and Restructuring, Davis Polk & Wardwell, New York, N.Y.
- Law Clerk, Craft Fridkin & Rhyne LLC, Kansas City, Mo.

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