With a keen understanding of the complex derivatives market, Mark focuses primarily on the effect of bankruptcy law on physical and financial trading of energy commodities. He counsels energy companies and commodity traders to protect clients’ business interests as they interact with financially distressed counterparties. He also works with energy companies, commodity traders and hedge funds on various complex transactions, including asset-based structured transactions, agreements for the purchase and sale of energy and commodities and other over-the-counter derivatives. Mark aids companies in evaluating credit and liquidity risks, including assisting a major hedge fund with an emergency review of its entire trading book at the outset of the credit crunch. He also addresses issues related to the ongoing dynamics of contractual and regulatory responses to systemic risk.
Aside from financial and commodity issues, Mark has represented debtors, secured creditors, noteholders, post-confirmation trusts and other major constituencies in bankruptcy proceedings involving commercial real estate, airlines, major retailers, consumer products and telecommunications companies. He has engaged in alternative dispute resolution and significant bankruptcy litigation, including at the appellate level. In addition, Mark has represented numerous buyers and sellers of distressed assets, in and out of bankruptcy court.
Prior to joining the firm, Mark served as a law clerk for the Honorable Randolph Baxter of the US Bankruptcy Court for the Northern District of Ohio.
Honorable Randolph Baxter, U.S. Bankruptcy Court for the Northern District of Ohio
Assists investors and other companies (in their roles as equity, working interest holders, noteholders or other forms of creditors) in bankruptcy cases involving oil and gas producers.
Represents purchasers of assets out of bankruptcy, such as the participant in a joint venture purchasing oil storage assets in the Virgin Islands and the buyer of an 837-MW gas-fired generation facility in Mississippi.
Assists customers of failed commodity brokers, such as MFGlobal and Peregrine Financial.
Awards and Rankings
Selected for inclusion in Washington, D.C., Super Lawyers “Rising Stars” (2013-2014)
Member, American Bankruptcy Institute
Member, International Swaps and Derivatives Association
Member, Futures Industry Association
Member, International Energy Credit Association