Mark A. Lightner is of counsel in the New York office of Morrison & Foerster LLP, where his practice focuses on restructuring and related litigation. Mr. Lightner has experience representing debtors, creditors, and other parties-in-interest in complex corporate and municipal debt restructurings. His practice includes advising senior management, boards of directors, and public figures on all aspects of debt restructuring and related litigation.
Prior to joining Morrison & Foerster, Mr. Lightner was an attorney in the New York offices of a prominent leading firm, where he represented the Government Development Bank for Puerto Rico as the fiscal agent and financial advisor to Puerto Rico and its government instrumentalities in the largest municipal debt restructuring effort in the history of the United States (over $70 billion). He was a substantial contributor in the development and drafting of the Puerto Rico Oversight, Management, and Economic Stability Act (known as PROMESA, see Pub. L. No. 114-187, 130 Stat. 549), and he authored the Puerto Rico Emergency Moratorium and Financial Rehabilitation Act (Act No. 21-2016, amended by Act. No. 5-2017), which was the first debt moratorium statute enacted in the United States since New York enacted a debt moratorium for New York City in the 1970s.
Mr. Lightner has served as counsel in some of the largest chapter 11 bankruptcies, including as counsel to the court-appointed bankruptcy examiner in Lehman Brothers; numerous chapter 11 debtors, including Real Industry, Inc., Real Alloy Recycling, Inc., Maxus Energy Corp., and Gateway Coal; the Sparrow entities in Sears Holdings Corp.; some of the largest creditors or trustees in the chapter 11 cases of American Airlines, Inc., Residential Capital, LLC, TK Holdings, Inc., and The Budd Company, Inc.; and the court-appointed mediator in several mega cases. Mr. Lightner also previously held FINRA Series 7 and 66 licenses.
Mr. Lightner has published articles on the subject of bankruptcy and restructuring law in domestic and international publications that have been cited by numerous federal courts. His publishing credits include the Norton Journal of Bankruptcy Law and Practice, Pratt’s Journal of Bankruptcy Law, the American Bankruptcy Institute Journal, the New York Law Journal, the National Law Journal, International Corporate Rescue, the Arizona State University Law Journal, and Law360. Mr. Lightner has also been recommended by peer review organizations such as Legal 500 US.
Mr. Lightner has been involved in pro bono work and has authored numerous amicus curiae briefs on behalf of the American Sociological Association that were filed in support of same-sex marriage. The briefs were filed domestically and internationally, including twice in the Supreme Court of the United States and in the Constitutional Court of the Republic of Colombia.
Mr. Lightner served as a law clerk to the Honorable Rebecca White Berch, Chief Justice of the Arizona Supreme Court, and then as a law clerk to the Honorable Robert D. Drain of the U.S. Bankruptcy Court for the Southern District of New York. He earned his J.D. degree magna cum laude from Arizona State University in 2007, and served both as an editor of Arizona State University’s law review and as an extern to the Honorable Michael Daly Hawkins of the U.S. Court of Appeals for the Ninth Circuit.
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