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Mark S. Lichtenstein

Partner

mlichtenstein@crowell.com
Phone: +1 212.895.4267
590 Madison Avenue, 20th Floor
New York, NY 10022-2544

Mark S. Lichtenstein is a partner with the New York office of Crowell & Moring LLP. He concentrates his practice on a broad range of corporate and bankruptcy matters, including restructuring of private equity portfolio companies, bankruptcy litigation, and the acquisition of assets in bankruptcy cases, as well as workouts, creditors’ rights litigation, and commercial counseling. Mark also has extensive experience in structured finance transactions and the rendering of opinions in connection therewith. During his career he has:

  • Represented a major financial institution in defense of an adversary proceeding brought in the Puerto Rico insolvency case.
  • Represented Enron Creditors Recovery Committee in adversary proceedings against certain financial institutions.
  • Represented private equity funds and family offices in the restructurings of their portfolio companies in the restaurant, hospitality, e-commerce, and retail sectors.
  • Represented purchasers and sellers of distressed assets in public and private auctions, private sales and foreclosure proceedings.
  • Represented hedge funds and other opportunistic investors as secured creditors in numerous Chapter 11 cases.
  • Represented a group of bondholders owed in excess of $100 million in the bankruptcy cases of two major airport hotels in Queens, New York.
  • Represented special servicers and real estate opportunity funds in numerous commercial foreclosure actions.
  • Represented multinational corporation in the assignment of government contract receivables.
  • Represented a publicly traded company in the acquisition of the long distance and enterprise telecommunications businesses in the Chapter 11 cases of World Access, Inc. and RSL Com USA.
  • Part of a team that achieved a successful result for a group of shareholders in an $18 million adversary proceeding to recover proceeds of a leverage buyout in the In re Grand Eagle bankruptcy.
  • Represented an assortment of title companies in connection with a massive ponzi scheme of a sub-prime loan originator in bankruptcy.
  • Assisted a Chapter 7 Trustee in the prosecution of various adversary proceedings in the In re Cassandra Group bankruptcy.
  • Part of a team that represented a receiver appointed by the Southern District of New York in complex receivership proceedings of various hedge funds, including related bankruptcy matters.
  • Represented the New York Mets as special bankruptcy counsel in connection with the financing of the Mets’ new stadium.

Prior to joining Crowell & Moring, Mark worked at the New York offices of two major international firms, including one of the 35 largest firms in the world. There he represented secured and unsecured creditors, indenture trustees, debtors in Chapter 11 proceedings, Chapter 7 and Chapter 11 Trustees, landlords and acquirers of assets in bankruptcy cases. Mark also handled bankruptcy litigation, including fraudulent conveyance, preferential transfer, breach of fiduciary duty, recharacterization, involuntary bankruptcy and equitable subordination cases. Additionally, Mark has experience in corporate transactions and non-bankruptcy litigations, including foreclosure actions, lender liability actions, and partnership and corporate disputes.

Mark also spent several years with a mid-size regional firm in New York where he primarily represented secured creditors in bankruptcy matters. Additionally, he served as a law clerk for the Honorable William H. Gindin, Chief U.S. Bankruptcy Judge for the District of New Jersey. He earned his law degree in 1992 from the Benjamin N. Cardozo School of Law and his bachelor's degree in English literature from the University of Michigan in 1984.

Education

  • University of Michigan, B.A. (1984)
  • Benjamin N. Cardozo School of Law, J.D. (1992)

Affiliations

Admitted to practice: New York, New Jersey, the United States District Courts for the Southern and Eastern Districts of New York, the United States Court of Appeals for the Second Circuit, the United States District Court for the District of New Jersey, and the United States Court of Appeals for the Third Circuit

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Forbes Names Crowell & Moring to List of America's Top Corporate Law Firms (Oct.10.2019)
Firm News/Announcement
"No "Backsies" – Licensors Cannot Use Bankruptcy To Claw Back Trademark Rights from Licensees Says Supreme Court," IP Insights (May 21, 2019). Contacts: Mark S. Lichtenstein, Ilana Lubin, Anne Elise Herold Li, Michelle Chipetine
Client Alert/Newsletter
"SCOTUS Hears Oral Arguments on Mission Product with Mixed Reviews," IP Insights (February 22, 2019). Contacts: Anne Elise Herold Li, Mark S. Lichtenstein, Michelle Chipetine
Client Alert/Newsletter
"No Money, No Problem – For the Licensor that Is. The Supreme Court and Trademark Licenses in Bankruptcy," IP Insights (February 20, 2019). Contacts: Anne Elise Herold Li, Ilana Lubin, Mark S. Lichtenstein, Michelle Chipetine
Client Alert/Newsletter
GreenTech Automotive Drives From Court With Bid Procedure Approval — The Deal (November 2, 2018)
In the News
"Opportunities in the Real Estate Sector," Family Office & Private Equity Dealmakers Breakfast Series, New York, NY (December 1, 2016). Moderator: Mark S. Lichtenstein.
Speech/Presentation
"Delaware Chancery Court Rejects Claim That Article 9 Sale Was Not Conducted in a Commercially Reasonable Manner," Corporate Alert (April 10, 2013). Contacts: Scott Lessne, Mark S. Lichtenstein, Alexis Victoria DeBernardis
Client Alert/Newsletter
"New Jersey Foreclosure Process," Chapter of Trigild Deskbook, Guide to Receivership & Foreclosure, 4th Edition (2012). Co-Authors: Mark S. Lichtenstein, William M. O’Connor, and Vivian Arias.
Publication
"Maximizing Value In Distressed Assets Through Receivers," Distressed Debt Summit, New York City (March 15-16, 2011). Panelist: Mark S. Lichtenstein.
Speech/Presentation
"Third Circuit Affirms Debtor's Right To Sell Assets Under Plan Without Providing Secured Creditors The Right To Credit Bid," Financial Services Alert (May 11, 2010). Contact: Mark S. Lichtenstein
Client Alert/Newsletter

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Crowell & Moring LLP is an international law firm with more than 500 lawyers representing clients in litigation and arbitration, regulatory, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity. The firm has offices in Washington, DC, New York, Los Angeles, San Francisco, Orange County, London, and Brussels.

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