Dan Garfield’s 25-year practice focuses on bankruptcy, business transactions, and cannabis.
Dan’s bankruptcy, restructuring, and distressed asset practice includes representation of clients in bankruptcy, receivership, and all matter of distressed situations, including Chapter 7 and 11 debtors, creditors’ committees, secured and unsecured lenders, shareholders, trustees, receivers, and purchasers of distressed assets. He also litigates adversary proceedings in bankruptcy court, including fraudulent transfers and preferences. He also assists clients in creditors’ rights matters in and out of court, including debt restructurings, liquidations, workouts, foreclosures, and collecting judgments.
Dan’s transactional experience in a range of industries includes entity formation and restructuring, mergers and acquisitions, debt and equity financing, private placements, licensing, contract negotiation and drafting, corporate governance, and joint ventures, and acts as outside general counsel for a number of businesses. Dan also provides advice to lenders and borrowers in structured finance loans.
Dan is also a leading cannabis industry attorney, with experience in all issues concerning cannabis and hemp. He represents private and public companies, investors (including private equity funds and family offices), landlords, lenders, manufacturers, testing laboratories, hemp farmers, CBD manufacturers, and a wide range of ancillary businesses, including social media, consultants, and suppliers. He also provides legal opinions and regulatory advice to industry participants.
Dan represented a landlord and medical marijuana caregiver in the nation’s first appellate bankruptcy case concerning the right of cannabis businesses to seek bankruptcy protection, In re Arenas, 535 B.R. 845 (B.A.P. 10th Cir. 2015).
Dan is a frequent lecturer on the intersection of bankruptcy, distressed business, and cannabis.
Licensed in Colorado and Oregon, Dan received his J.D. from Northwestern University School of Law in 1995 and his B.A. from Swarthmore College in 1989.
- Represented a national title company in its Chapter 11 liquidation
- Represented the Chapter 7 trustee of a bankrupt voting machine manufacturer
- Represented the receiver of a cannabis business in Pueblo, Colorado
- Represented a magazine publisher in a Chapter 11 bankruptcy
- Represented the purchaser of three retail cannabis stores in Denver in a $9.8 million transaction
- Represented one of Colorado’s largest cannabis chains in a corporate restructuring
- Represented a licensed cannabis business in Colorado in its sale to a Canadian public traded company
- Represented a private equity fund as cannabis counsel in the purchase of a gardening and hydroponics supplier
- Represented the purchaser of a MIP and cannabis distributor in California for $30 million
- Represented a private equity fund in a $3 million loan and preferred equity transaction for a licensed Colorado cannabis business
- Represented a lender in multiple loan transactions totaling over $35 million to licensed cannabis businesses from 2014 to 2018
- Represented the seller of a distressed Denver warehouse housing a cultivation facility and cannabis store for $7.8 million
- Represented the purchaser of an Oregon cannabis testing lab and associated real estate for $1.5 million
- Represented an investment vehicle for ancillary cannabis businesses in a $10 million private placement
LEADERSHIP AND AWARDS
- Top lawyer for marijuana law 2016-2020, 5280 Magazine
- Former board member and past president of the Rocky Mountain Chapter of the Turnaround Management Association (TMA), member of TMA Global’s Executive Board and Board of Trustees in 2015
- 2018 MG Magazine, 30 Powerful Litigators You Should Know In Cannabis
- Turnaround Management Association
- American Bankruptcy Institute
- Colorado and Denver Bar Associations
- Oregon State Bar
- International Cannabis Bar Association