Washington, DC
tel: +1 202.942.5577
fax: +1 202.942.5999
fax: +1 202.942.5999
Michael.Bernstein@ aporter.com
Practice Focus
Michael Bernstein is chair of the Firm’s national bankruptcy and corporate restructuring practice. He is consistently distinguished as one of the top bankruptcy and restructuring lawyers in Washington, DC by Chambers USA Leading Lawyers for Business, which praises him as "an outstanding lawyer [with] fantastic analytical skills and intellectual prowess” (2009), for being “creative and practical" (2008), noting that he “completely understands [his client’s] business” (2007), and has “an ability to assess risks in a meaningful way and address the tribunal in a strong and tenacious manner” (2006).
He represents secured and unsecured creditors, creditors' committees, bondholders, investors, asset purchasers, debtors, and other parties in a wide variety of bankruptcy and workout matters, and in related litigation throughout the United States. He has been involved in large bankruptcy cases, including Chrysler, US Airways, LandAmerica, TWA, Adelphia, Asarco, G-1 Holdings, Mirant, Criimi Mae, Enron, FoxMeyer Drug, Alterra Healthcare Corporation, Fruit of the Loom and Continental Airlines, as well as many other cases throughout the United States.
Mr. Bernstein's bankruptcy experience spans many industries, including telecommunications, energy, real estate, finance, mining, manufacturing, technology, retail, airline, healthcare, and pharmaceuticals. His clients have included AOL, American Capital, American Red Cross, Ardent Communications Creditors' Committee, Bear Stearns, Boehringer Ingelheim, BB&T, Cingular Wireless, Criimi Mae Creditors' Committee, Dynex Bondholders Committee, Gate Gourmet, Glaxo, Guinness Import Company, Health Care REIT, Lennar Partners, Major League Baseball, Perseus LLC, Sodexho, Texas Pacific Group, The George Washington University, and the Washington Corporations, among others.
Mr. Bernstein is a fellow of the American College of Bankruptcy and a member of the Board of Directors of the American Bankruptcy Institute. He has co-authored two books and has published many articles on bankruptcy-related topics. He is a frequent lecturer, has been interviewed by major newspapers and on television and radio, and has been recognized as a leading bankruptcy lawyer by numerous publications. Mr. Bernstein is co-chair of the Labor and Employment Committee of the American Bankruptcy Institute. He has testified before Congress as an independent expert on the status of collective bargaining agreements, retiree and pension benefits, and executive compensation in bankruptcy.
Representative Matters
- Represented creditors committees, including Criimi Mae and Ardent Communications.
- Represented a professional sports league in Adelphia bankruptcy and related litigation.
- Represent a significant creditor and potential investor in Asarco bankruptcy.
- Represented a government entity in Mirant bankruptcy, including appeals to the District Court and Fifth Circuit.
- Represented a private equity fund in bankruptcy and workout matters and related litigation throughout the United States.
- Represented a healthcare industry lender in structuring transactions and in bankruptcy and insolvency matters throughout the United States.
- Represented bank groups and individual lenders in real estate workouts, foreclosures, and real estate bankruptcy cases.
- Represented a major pharmaceutical company as creditor in FoxMeyer Drug bankruptcy case, and in related litigation.
- Represented private equity funds and other investors and asset purchasers in ยง 363 sales.
- Represented debtors, investors, creditors and other parties in airline bankruptcy cases, including US Airways, United Airlines, TWA, and Continental Airlines.
- Represented suppliers, major creditors, and other parties in telecommunications industry bankruptcy cases.
- Represented a hotel developer in complex restructuring negotiations and in related litigation.
- Represented officers and directors of bankrupt companies, including advising on responsibilities and defending litigation.
- Defended preference and fraudulent conveyance litigation.
- Represented parties in litigation concerning rejection or modification of collective bargaining agreements.
- Advised trade vendors on ways to minimize insolvency risks.
- Defended lenders in deepening insolvency, equitable subordination, recharacterization, and breach of duty litigation.
- Represented parties in nonbankruptcy insolvency proceedings, including receiverships, assignments for the benefit of creditors, and state law liquidations.
Rankings
Chambers USA: America's Leading Lawyers for Business for Bankruptcy/Restructuring
Washington, DC Super Lawyers for Bankruptcy & Creditor/Debtor Rights, Real Estate, and Business Litigation
Washingtonian's "Top Lawyers" for Bankruptcy
Best Lawyers "Washington, DC Bankruptcy and Creditor-Debtor Rights Lawyer of the Year"
The Legal 500 US "Leading Lawyer" for Bankruptcy
Fellow of the American College of Bankruptcy
Washington Business Journal's "Top Washington Lawyers" Finalist for Bankruptcy
ABI Publications Award
Euromoney's “Guide to the World's Leading Insolvency & Restructuring Lawyers”
Professional and Community Activities
Professional Activity
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Fellow, American College of Bankruptcy
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Member, Board of Directors, American Bankruptcy Institute
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Member, Advisory Board, “Views From the Bench” program, co-sponsored by Georgetown University Law School and American Bankruptcy Institute
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Master of the Bench, Walter A. Chandler American Inn of Court
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Co-Chair, Labor and Employment Committee of the American Bankruptcy Institute
Books
Prof. John Ayer and Michael L. Bernstein. "Bankruptcy in Practice." (co-author) (4th Ed. 2007).
Jonathan Friedland, Michael L. Bernstein, Prof. George Kuney and Prof. John Ayer. "Chapter 11-101." (co-author) 2007.
Michael L. Bernstein. "Bankruptcy & Workouts." Chapter, Small Business Compliance Advisor (Thompson 1994).
Articles
Michael L. Bernstein and Rosa J. Evergreen. "Labor Issues: What Impact Would the "Protecting Employees and Retirees in Business Bankruptcies Act of 2007" (H.R. 3652) Have on Chapter 11 Reorganizations?." November 2009.
Michael L. Bernstein and Charles A. Malloy. "Bankruptcy and the Board." NACD—Directors' Monthly September 2008.
Michael L. Bernstein and Charles A. Malloy. "Deepening Insolvency: An Emerging Theory of Liability." (PDF: 246 kB) Bloomberg Corporate Law Journal Summer 2006 (Volume 1: Issue 3).
Michael L. Bernstein. "Chapter 11-201." column -- ongoing monthly column in ABI Journal on intersection of bankruptcy and other areas of law (2008).
Michael L. Bernstein. "Chapter 11-101." column -- monthly column in ABI Journal (2003-2005).
Michael L. Bernstein and Charles A. Malloy. "Master Leases and Cross Default Clauses in Bankruptcy,." Real Estate Finance Journal, Spring 2003.
Presentations
Michael L. Bernstein. "Protecting Employees and Retirees in Business Bankruptcies Act of 2010." Testimony before the US House Committee on the Judiciary, Subcommittee on Commercial and Administrative Law on proposed legislation to amend certain provisions of Chapter 11 of the US Bankruptcy Code, May 25, 2010.
Michael L. Bernstein and Susan E. Hendrickson. "WMACCA Technology & IP Forum: Treatment of IP in Bankruptcy/Buying IP Assets out of Bankruptcy." Arnold & Porter LLP, McLean, VA, May 5, 2010.
Michael L. Bernstein. "Labor and Employment: Litigating the Section 1113 Dispute." ABI Annual Spring Meeting, May 1, 2010.
Michael L. Bernstein. "Chapter 11 at the Crossroads: Does Reorganization Need Reform?." A Symposium on the Past, Present and Future of U.S. Corporate Restructuring (panel on Labor Issues: Would Reform of Federal Law Employee and Benefits Claims Help or Hurt Reorganizations?), November 16-17, 2009.
Michael L. Bernstein and Rosa J. Evergreen. "Bankruptcy and Restructuring: Navigating Employment Issues Under the Code." Best Practices to Negotiate, Modify and Terminate Employment Agreements and Benefit Plans, Strafford, August 20, 2009.
Michael L. Bernstein. "Advising Emerging Growth Companies in Turbulent Times." Panel, DC Bar, April 28, 2009.
Michael L. Bernstein. "Nuts and Bolts of Bankruptcy." ABI Annual Spring Meeting (panel, April 2010 and prior years).
Michael L. Bernstein. "Views From the Bench." Georgetown University Law Center (panel on real estate-homebuilders, commercial and hotels), September 12, 2008.
Michael L. Bernstein. "Understanding Today's Capital Markets." 4th Annual Mid-Atlantic Bankruptcy Workshop, American Bankruptcy Institute, Chesapeake Bay, Cambridge, MD, July 31-August 2, 2008.
Michael L. Bernstein. "Protecting Employees and Retirees in Business Bankruptcies Act of 2007." Testimony before the US House Committee on the Judiciary, Subcommittee on Commercial and Administrative Law on proposed legislation to amend certain provisions of Chapter 11 of the US Bankruptcy Code, June 5, 2008.
Michael L. Bernstein. "Twelfth Annual Great Debates." (Whether Congress Should Amend the Bankruptcy Code to Eliminate All Forms of Incentive, Bonus or Similar Compensation for Senior Executives and Other Insiders), ABI Annual Spring Meeting, April 2008.
Michael L. Bernstein. "Views From the Bench." Georgetown University Law School (panel on reclamation and other trade vendor issues), October 2007.
Michael L. Bernstein. "American Workers in Crisis: Does the Chapter 11 Business Bankruptcy Law Treat Employees and Retirees Fairly?." Testimony before the US House Committee on the Judiciary, Subcommittee on Commercial and Administrative Law on the status of collective bargaining agreements and employee benefits in Chapter 11 proceedings, September 6, 2007.
Michael L. Bernstein. "ABI Mid-Atlantic Program." (panel on union, pension and labor issues in bankruptcy), August 2007.
Michael L. Bernstein. "Economic Paradox - Healthy Economy, Sick Healthcare Provider Sector - 2007 Outlook & Thoughts on Avoiding or Dealing with Operating Distress." Turnaround Management Association, January 2007.
Michael L. Bernstein. "Labor Issues in Bankruptcy." ABI Southeast Regional Meeting (Fall 2005).
Michael L. Bernstein. "Workout, Bankruptcy and Collateral Liquidation for Lenders." Lorman (Summer 2003).
Michael L. Bernstein. "Dealing with Insolvent and Bankrupt Companies." AOL Time Warner in-house CLE (Spring 2002).
Advisories
"Are You Prepared? A Compendium of Advisories on the Dodd-Frank Act." (PDF: 7.91 MB) Jul 2010.
"Dodd-Frank Act Creates New Resolution Process for Systemically Significant Institutions." (PDF: 576 kB) Jul 2010.
"Purchasing Real Estate and Loan Assets from the FDIC." (PDF: 394 kB) Oct 2008.
JD, Northwestern University School of Law, 1989
BA, Brandeis University, 1986
District of Columbia
Supreme Court of the United States
