REPRESENTATIVE EXPERIENCE
Mark’s recent representative experience includes:
- Representing debtors, creditors and energy trading counterparties in energy bankruptcy cases including MF Global, Enron, SemCrude, National Energy & Gas Transmission, Mirant, Calpine and VeraSun.
- Litigating issues related to termination values and safe-harbor rights on behalf of trading companies that were counterparties to such debtors as Lehman Brothers and Enron.
- Counseling post-confirmation liquidation trusts for NEGT Energy Trading and Empire Funding Corp.
- Advising a major oil and gas producer in developing its standard ISDA Master Agreements and master netting agreements.
- Assisting a major hedge fund in evaluating its credit and liquidity risks associated with its trading book during the onset of the credit crunch.
PROFESSIONAL AND COMMUNITY INVOLVEMENT
- Member, American Bankruptcy Institute
- Member, International Swaps and Derivatives Association
- Member, Futures Industry Association
- Member, International Energy Credit Association
RECENT PUBLICATIONS AND SPEAKING ENGAGEMENTS
- Author, “Lessons for Trading Firms From the Lehman Bankruptcy,” Dow Jones Daily Bankruptcy Review (July 11, 2012)
- Co-author, “MF Global Insolvency Reveals Risk in Dodd-Frank Model,” Financier Worldwide (January 2012)
- Co-author, "Contingency Planning in Counterparty Bankruptcies," The Deal (November 11, 2011)
- Co-author, “Keeping An Eye On MF Global Fallout,” Bankruptcy, Securities and Banking Law360 (November 22, 2011)
- Author, “Time Constraints On Safe-Harbor Termination Rights,” Dow Jones DBR Small Cap (August 17, 2011)
- Co-author, “Planning for a Major Counterparty’s Bankruptcy” Energy & Mining International (June 1, 2011)
- Co-author, “Rough Waters In Bankruptcy Code's Safe Harbors,” Bankruptcy Law360 (May 2, 2011)
- Co-author, “Planning for a Major Trading Counterparty Bankruptcy” Managing Power Magazine (April 7, 2011)
- Co-author, “Dodd-Frank's Eye on Energy Cos.' Use of Derivatives,” Law360 (April 7, 2011)
- 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, Strafford Webinar: “Section 546(e) Bankruptcy Safe Harbor Exemptions: Recent Developments” (June 28, 2012)
- Speaker, Strafford Webinar: “Bankruptcy Safe Harbors: Latest Developments” (August 23, 2011)
- 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)