Mark regularly represents distressed companies, fiduciaries, secured and unsecured creditors, distressed asset purchasers in US and international proceedings conducted both in and out of court.
Mark served a two year term as Chair of the prestigious American College of Bankruptcy from 2020-2022, having been inducted as a Fellow in 1998. For over 15 years, he has served the College in a variety of leadership roles, as President, Director, Vice President, Regent, and as Chair of the American College of Bankruptcy Foundation. Mark has been listed in The Best Lawyers in America since 1993, and is also listed in Global, National and listings of the Chambers Guides and in the K&A Restructuring Register of America's Top 100 Restructuring Professionals.
Mark was inducted into the International Insolvency Institute in 2014, and also has been an active member of INSOL International for 20 years, co-chairing its Annual Conference on International Insolvency in 2012. He has written and published extensively and lectured on five continents for INSOL, ALI-ABA, the International Section of the New York State Bar Association and other organizations, and at the Harvard Business School, on areas of interest to insolvency professionals, particularly including cross-border recognition and international comity and cooperation. He has served on the Editorial Boards of both INSOL World and the International Insolvency Law Review.
Representative Legal Matters
Advised a leading Asia Pacific international airline on cross-border insolvency issues under the US Bankruptcy Code and UNCITRAL Model Law in connection with successful reorganization under local country rehabilitation law.
Advised Objecting Noteholders in an Indonesia-based telecommunication services provider's Chapter 15 case involving USD 770 million in debt, defeating relief requested in the Southern District of New York in connection with an Indonesian PKPU proceeding.
Advised foreign representatives of Cayman Islands segregated portfolio company in obtaining recognition and relief under Chapter 15 in the Southern District of Florida and recovery of assets in the United States.
Advised India-based conglomerate on issues of cross-border insolvency law in connection with successful English scheme of arrangement.
Advised noteholders of Singapore-Indonesia conglomerate on issues relating to cross-border insolvency law in connection with successful Singapore scheme of arrangement.
Advised debtors in an energy company's Chapter 11 cases, and in connection with related English cross-border ancillary proceeding of London Stock Exchange-listed parent.
Advised dissenting Portuguese shareholders in a large fixed telephone operator's Chapter 15 cases in Southern District of New York.
Advised debtors in merchant credit advance companies' Chapter 11 cases.
Advised multiple creditors in a Korean shipping company's Chapter 15 case.
Advised BVI liquidator and debtor in a calcium silicon and ferroalloys producer's Chapter 11 case and sale of equity interests in subsidiaries.
- Listed, Lawdragon 500 Leading US Bankruptcy & Restructuring Lawyers, 2020 and 2022
- Named, Client Service All Star, BTI Client Service All-Stars Report, Public Finance, 2019
- Listed, The Legal 500 United States, 2009-2019
- Listed, Chambers USA Guide, 2003-2022
- Insolvency and Restructuring, 2003-2017
- Bankruptcy/Restructuring, 2018-2021
- Bankruptcy Litigation, 2020-2021
- Listed, Chambers Global, Bankruptcy/Restructuring (USA), 2013-2019
- Listed, The Best Lawyers in America, Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law; Litigation - Bankruptcy, 1993-2022
- Selected, "Lawyer of the Year," Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Miami, 2019
- Selected, "Lawyer of the Year," 2010
- Listed, Super Lawyers magazine, Florida Super Lawyers, 2006-2021
- "Top 100 Lawyers in Florida," 2006-2008, 2013, and 2015-2016
- "Top 100 Lawyers in Miami," 2010-2018
- Listed, South Florida Legal Guide, "Top Lawyer," 2013-2019
- Listed, Florida Trend magazine, 2004-2013, 2015-2019
- "Hall of Fame," Bankruptcy & Workout, 2015, 2016-2019
- "Hall of Fame," Insolvency and Restructuring, 2009-2013
- Listed, Who’s Who Legal - The International Who’s Who of Insolvency & Restructuring Lawyers
- Recommended as a "Global Leader: Restructuring & Insolvency," 2021
- Recommended as a "National Leader: Florida - Restructuring & Insolvency," 2020
- Listed, The K&A Restructuring Register, "America’s Top 100"
- Rated, AV Preeminent® 5.0 out of 5, Martindale-Hubbell
Professional Associations and Memberships
- Fellow, American College of Bankruptcy, 1998-Present
- Chair, 2020-2022
- President, 2018-2020
- Chair, American College of Bankruptcy Foundation, 2014-2018
- Vice President, 2010-2014
- Director, 2007-2010
- Board of Regents, 2003-2007
- Member, International Insolvency Institute, 2014-Present
- Board Member, INSOL World Editorial Board, 2014-2016
- Member, International Exchange of Experience in Insolvency (IEEI), an elite group of 104 judges, academics and insolvency practitioners from 34 countries, 2020-Present
- Board Member, International Insolvency Law Review, Editorial Board, 2014-2016
- Co-Chair, INSOL International Annual Regional Conference on International Insolvency, May 2012
- Board Member, Camillus House of Miami, Board of Directors
- Past President, Bankruptcy Bar Association of the Southern District of Florida
- U.S. Court of Appeals, Eleventh Circuit~United States (1981)
- U.S. Court of Appeals, Fifth Circuit~United States (1981)
- U.S. District Court, Southern District of Florida~United States (1981)
- U.S. District Court, Middle District of Florida~United States (1981)
- U.S. District Court, District of Colorado~United States (2007)
- Florida~United States (1980)
- U.S. Court of Appeals, Fourth Circuit~United States (1980)
- U.S. District Court, District of Maryland~United States (1980)
- University of Maryland (JD, with honors) (1979)
- Yale University (BA) (1975)
Publications & Presentations
- Co-author, "When is an Entity an 'Instrumentality' of the State for Chapter 11 Eligibility?" The Bond Buyer, November 2018
- Co-author, "Substantive Consolidation in United States Bankruptcy Cases," INSOL World, 2017
- Co-author, "OAS Group: A Tale of Two Chapter 15 Cases in the United States," INSOL World, November 2015
- Co-author, "Untapped Opportunities Abound in New Italian Bankruptcy Law," INSOL World, 2015
- Co-author, "Submission to Jurisdiction in Insolvency Claims and Availability of Cross-Border Anti-Suit Relief – The BVI and US Perspective on the Privy Council Decision in Stichting Shell Pensioenfonds v. Krys and Another," INSOL World, 2015