REPRESENTATIVE EXPERIENCE
Mark’s recent representative experience includes:
- Representing debtors, creditors and energy trading counterparties in energy bankruptcy cases including Enron, SemCrude, National Energy & Gas Transmission, Mirant, Calpine, Androscoggin and En Re.
- Serving as counsel to commodities trading entities in connection with such bankruptcy cases as Lehman Brothers, Horsehead Industries, American Smelting and Refining Company (ASARCO), United Air Lines and Refco.
- Counseling post-confirmation liquidation trusts for NEGT Energy Trading, Empire Funding Corp. and Drypers Corp.
- Representing debtors and creditors in bankruptcy-related litigation and appeals, in fields ranging from the airline industry to time-share resorts.
PROFESSIONAL AND COMMUNITY INVOLVEMENT
- Member, American Bankruptcy Institute
- Member, International Swaps and Derivatives Association
RECENT PUBLICATIONS AND SPEAKING ENGAGEMENTS
- Author, “Limitations of Market Participants’ Protections Against Fraudulent Conveyance Actions,” 28 American Bankruptcy Institute Journal 28 (May 2009)
- Author, “Involuntary Bankruptcy and the ISDA Master Agreement: A Square Peg and a Round Hole,” 27 American Bankruptcy Institute Journal 1 (April 2008)
- Co-author, “The Impact of Major Energy Bankruptcies on Energy Trading,” Energy and Environmental Trading: U.S. Law and Taxation (May 2008)
- Author, “To Knock First or Barge Right In: Is a Chapter 11 Committee’s Right to Intervene in Adversary Proceedings Absolute or Permissive?” 23 Emory Bankruptcy Developments Journal 451 (April 2007)
- Author, “Put Off by Setoff: Do the BAPCPA Amendments to § 553 Do More Harm than Good?” 26 American Bankruptcy Institute Journal 56 (February 2007)
- Speaker, “Your Energy Counterparty Went Bankrupt - Now What?” ACC Legal Quick Hits (May 19, 2010)
- Speaker, Webinar: “Counterparty Rights in the Lehman Bankruptcy” (October 23, 2008)
- Speaker, American Conference Institute’s Derivatives Boot Camp (March 7–8, 2007)