J. Mark Fisher

Partner

Mark is a Partner in the Chicago office.

Mark Fisher Portrait

Mark Fisher’s broad experience helps clients seize opportunities in complex restructuring and bankruptcy cases and avoid pitfalls in secured, structured and mezzanine financing transactions. A “lawyer’s lawyer,” he has drafted portions of the laws governing secured transactions, equipment leasing and bankruptcy that are central to his court advocacy, negotiations and drafting. Mark has an innate ability to present the law and underlying reasons in practical terms, helping him resolve hundreds of deals and cases in his over years as a finance and restructuring lawyer.

Mark excels at quickly sizing up the documents, players and perspectives of a transaction, because timely advice is essential in identifying and addressing bankruptcy and creditors’ rights issues. Those insights are just as important in structuring a highly leveraged transaction or distressed acquisition as they are in enforcing a lender’s rights or defending against a lender liability or fraudulent transfer attack. Mark knows he practices in the “intensive care” wing of the legal system. This includes counseling in the unique area where a bank holding company is in financial difficulty and itself must restructure or even consider bankruptcy. Fortunately, Mark understands how to develop the appropriate agreement or pleading in unique matters where there is no template or form. He also has tried cases to courts and juries and handled complex appeals throughout the United States.

Mark represents some of the largest banks and insurance companies as well as smaller financial, manufacturing and real estate firms who face an opportunity or challenge with financing or insolvency matters. He continues to lead a joint defense group facing a $450 million fraudulent transfer and breach of fiduciary duty claim. He also obtained, from the Eighth Circuit Court of Appeals, en banc, vindication of a trademark licensee against a bankrupt licensor who could have put it out of business by using bankruptcy to reject key licenses. Mark has crafted laws that benefit commercial and industrial landlords regarding rejection claims, post-petition administrative claims and other issues across the United States.

Mark has had particular experience with leveraged acquisitions, secured lending and equipment leasing, commercial real estate leasing, and intellectual property transactions and bankruptcy cases. He has represented parties in over 50 financially-distressed acquisitions in and outside bankruptcy cases. His successful defense of lenders, intellectual property (IP) licensees and landlords has won him many awards and a high rating. It has also helped solidify ArentFoxSchiff’s reputation as a “midsize firm that has the capabilities and professionalism you would expect of a top firm” (Chambers) in finance and restructuring.

Client Work

  • Mark has had numerous representations in mass tort bankruptcies, including the ongoing representation for 15 years of a leading liability carrier in the bankruptcies of numerous dioceses and archdioceses throughout the United States and the representation of the Roman Catholic Ad Hoc Committee in the pending bankruptcy of the Boy Scouts of America.

  • Mark is general counsel to the chapter 7 trustee and local counsel in litigation that recovered $28 million from insiders of a large Chicago homebuilder that, through a variety of corporate restructurings and intercompany transactions, left the debtor and its operating subsidiaries cash poor and undercapitalized by distributing millions as compensation and other distributions to themselves and family members.

  • Mark led the defense and successful settlement of two clusters of fraudulent transfer litigation seeking a total of over $350 million against a major insurance company in chapter 7 bankruptcy of the holding company of a national chain of dialysis clinics that was restructured and sold and against wealthy investors in a chapter 7 bankruptcy of a leading algorithm based commodities trading platform.  Both engagements required mastery of the law, the complex documentation of the underlying transactions and the identification of key leverage points to strike good deals.

    Mark represented a major insurance company as mezzanine lender in the bankruptcy of a consumer products company that involved de-railing a quick sale arranged by the senior lender. He spearheaded a plan of reorganization, negotiating a better transaction, then brokered a settlement with the plaintiffs in a class action, clearing the way for his reorganization plan to be consummated.
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Publications, Presentations & Recognitions

Recognitions

  • The Best Lawyers in America, Best Lawyers (2008-2009, 2012-2023)
  • Chambers USA – Bankruptcy/Restructuring, Illinois (2013-2021, 2023-2024)
  • Illinois Super Lawyers, Thomson Reuters (2007-2009, 2011-2021)
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Boards, Memberships & Certifications

  • American Bar Association, Section of Business Law, Committee on Business Bankruptcy
  • Chicago Bar Association, Commercial Finance Committee, Past Chair
  • Commercial Finance Association Education Foundation, Director
  • Member, Insolvency Practice Group for the Americas of TerraLex (an international network of 15,000 lawyers in over 100 countries) and co-representative of the firm as the Illinois member of TerraLex (2004 – 2022).

Insights

Awards

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