PRACTICE AREAS


Mark A. Speiser has experience with the representation of institutional creditors and creditors' committees in large and complex reorganization proceedings. He handles bankruptcy issues related to commodities, derivatives, securities contracts, repurchase agreements and the energy industry. This has included advising creditors, purchasers of assets and derivatives counterparties in the Chapter 11 cases of Horsehead Holding Corp., Boston Generating LLC, CIT Group, Inc., Lehman Brothers Holdings, Inc., Lyondell Chemical Company, Constar International, Inc., SemCrude, L.P., Black Diamond Mining, LLC, Aegis Mortgage Corporation, Marcal Paper Mills, Inc., Calpine Corporation, Enron Corporation, Pacific Gas and Electric Company, Bethlehem Steel Corporation, Genuity, Inc., National Energy & Gas Transmission, Inc. f/k/a, PG&E National Energy Group, Inc., Mirant Corporation and Metro Fuel Oil Corp. Mr. Speiser represented Delta Air Lines in environmental-related bankruptcy issues. He advises clients entering into commodities and derivatives transactions with Chapter 11 debtors-in-possession.

Mr. Speiser has represented creditors in workouts of multinational debtors and assisted in the restructuring of debt of several of the nation's largest privately held pulp and paper manufacturers. Mr. Speiser also has experience in structured finance, health care and real estate transactions, as well as environmental and pension liabilities.

HONORS & AWARDS

Mr. Speiser has been listed in:
 
  • Chambers USA: America's Leading Lawyers for Business in the area of Capital Markets: Derivatives;
  • Chambers Global: The World's Leading Lawyers for Business in the area of Capital Markets: Derivatives and Structured Products for the United States;
  • New York Super Lawyers in the area of Bankruptcy and Creditor/Debtor Rights; and
  • Best Lawyers in America in the area of Derivatives and Futures Law.

SPEECHES & EVENTS

  • Panelist, "Bankruptcy Updates: Don't Stop Thinking About Tomorrow," Association of Commercial Finance Attorneys CLE presentation, New York, NY, March 22, 2017
  • Presenter, The Federal Reserve Board's Proposed Rule on Mandatory Contractual Stays for QFCs, FIA Law & Compliance Division Webinar, March 9, 2017
  • Panelist, "Make-Whole Provisions," ACFA's Continuing Legal Education Weekend, New Paltz, NY,
    May 20-22, 2016
  • Speaker, Association of Commercial Finance Attorneys March CLE Meeting, New York, NY,
    March 17, 2015
  • Speaker, AFCO 8th Annual International Lending Conference, London, England, May 6-8, 2014
  • Speaker, "Repurchase Agreements as a Secured Lending Tool," Association of Commercial Finance Attorneys Summer Conference, Manchester Village, VT, May 30-June 2, 2013
  • Panelist, "SIPA Liquidations and Ponzi Schemes," New York City Bankruptcy Conference, New York, NY, May 24, 2010
  • Co-Presenter, "Update on ISDA," API Risk Control Committee Meeting, April 26-27, 2010
  • Panelist, "Distressed Property and Bankruptcy," The Global Financial Crisis 2009: Preparing for the Future, New York, NY, August 5, 2009
  • Panelist, "Developments in Bankruptcy," 2009 Power Industry Developments, New York, NY, May 8, 2009
  • Panelist, "Death Watch: Advanced Bankruptcy Planning - A Panel Discussion," IECA's 2009 Spring Education Conference, Dana Point, CA, March 17, 2009
  • Speaker: "Lessons Learned from Energy Company Bankruptcies," 2008 Power Industry Developments, May 9, 2008

PUBLICATIONS

  • Co-author, "Reexamining the Equitable Powers of the Bankruptcy Court After Law v. Siegel," Pratt's Journal of Bankruptcy Law, October 2015
  • Co-author, "Multilateral Netting Under Safe Harbor Contracts: The Arguments for Enforceability in Bankruptcy (And for Mandatory Withdrawal of the Issue to District Court)," Pratt's Journal of Bankruptcy Law, April/May 2015
  • Co-author, "Examiners in Bankruptcy Cases," The Review of Banking & Financial Services, August 2012
  • Co-author, "The Oneida Decision: Second Circuit Holds Premiums Payable to PBGC Not Dischargeable in Bankruptcy," Bloomberg Law Reports - Bankruptcy Law, August 2009
  • Co-author: "Derivatives Trading Orders: Protecting the Debtor's Trading Business from Bankruptcy Termination," Journal of Taxation and Regulation of Financial Institutions, July/August 2006
  • Co-author, "Section 546(e): Fifteen Years After Kaiser Steel, Still Open To Interpretation," Pratt's Journal of Bankruptcy Law, June 2006
  • Co-author, "NOLs: The Policy Conflicts Created by Trading Orders," Commercial Lending Review, May-June 2005
  • Co-author, "Doing Derivatives Business with Chapter 11 Entities," Derivatives Report, October 2002
  • "Chapter 11: Not the End of the Story," Risk, October 2002

ADMITTED TO PRACTICE

New York, 1979

U.S. District Court, Southern District of New York; U.S. District Court, Eastern District of New York, 1979; U.S. District Court, Northern District of Texas, 1999; U.S. Supreme Court, 1994


CLERKSHIPS

Law Clerk, Hon. Robert John Hall, U.S. Bankruptcy Court, Eastern District of New York, 1979-1981


EDUCATION

LL.M., New York University School of Law, 1981

J.D., magna cum laude, Brooklyn Law School, 1978

B.A., magna cum laude, Yeshiva University, 1975

 

PUBLICATIONS

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