Mark J. Dorval

Mark Dorval

Overview

Mark Dorval represents clients in matters relating to bankruptcy, creditors’ rights, troubled loan workouts, receiverships and other insolvency proceedings and litigation. Having practiced law for 20 years, Mark has more recently focused his practice on representing mutual funds, fund managers and energy companies in the unique matters they face in bankruptcies and other insolvency proceedings, as well as addressing intellectual property matters in the insolvency context both in the United States and internationally. Mark has also provided representation to receivers, as well as creditors, in receivership actions and has represented large for-profit and nonprofit healthcare organizations in bankruptcies and related insolvency proceedings and litigation. Additionally, Mark continues to represent financial institutions in developing and executing strategies to maximize recoveries in loan workout matters and bankruptcies.

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Representative Matters

Derivatives and Funds:

  • represented a Fortune 500 energy provider in bankruptcy matters, including safe harbor defense under Section 546 for commodity future merchants and had complete success in defeating attempts to treat the company as a utility
  • represented numerous mutual funds in the bankruptcy of Tribune, including addressing fraudulent transfer causes of action, protecting mutual funds’ rights through confirmation of plan and appeals, and continuing to protect interests as a multidistrict litigation continues on these matters, including research and analysis of safe harbor provided by Bankruptcy Code Section 546(e)
  • represented multiple mutual funds, fund families and fund managers in the Lehman bankruptcy, including extensive negotiations relating to interest rate swaps and settling claims, addressing multiple issues with the Securities Insurance Protection Committee Trustee and maximizing distributions to clients

Intellectual Property:

  • represented an information technology company in enforcing its patent rights against a Korean cell phone manufacturer that filed for receivership in Korea and for recognition of that foreign proceeding in a Chapter 15 proceeding in the U.S.
  • represented a U.S. hobby manufacturer and Chinese parent company in insolvency of company holding property rights licensed to client, including retention of product manufactured using insolvent company’s intellectual property and continued use of patented manufacturing equipment in China

Health Care:

  • represented a national oncology hospital in protecting oncological vaccines created for its ovarian cancer patients, including obtaining a temporary restraining order and preliminary injunction in federal court, addressing issues with the FDA over study protocol and obtaining judgment against the defendant
  • represented a hospital system in the negotiations surrounding the acquisition of another nonprofit health care entity, as well as representation of the hospital system in various bankruptcy matters
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Credentials

Bar Admissions
  • New Jersey
  • Pennsylvania
Court Admissions
  • U.S. District Court for the Eastern District of Pennsylvania
  • U.S. District Court for the District of New Jersey
  • Pennsylvania Supreme Court
  • New Jersey Supreme Court
Education
  • J.D., cum laude, Temple University Beasley School of Law
  • B.S., cum laude, University of Delaware
Memberships

  • Eastern District of Pennsylvania Bankruptcy Conference
  • Board of Directors, Philadelphia Police Athletic League

Speaking Engagements

  • Panelist, “Mitigating Bankruptcy Risks in Restructured Energy Markets,” Energy Bar Association
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Recognition

  • Chambers USA: America’s Leading Lawyers for Business, leader in bankruptcy/restructuring in Pennsylvania
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In The Community

Mark serves on the board of directors of the Police Athletic League of Philadelphia and is actively involved in the organization’s annual “ 24 Math Challenge,” a hands-on competition for PAL participants in grades 5 – 8. For more than a decade, Mark has helped to plan the event, recruited volunteers from the firm and proctored the competition.
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