Martin J. Bienenstock
Partner
Martin Bienenstock is chair of the firm’s Business Solutions & Governance Department, chair of the firm’s Consumer Financial Services Group, and a member of the Executive Committee. He also teaches Corporate Reorganization as the Robert B. and Candice J. Haas Lecturer in law at Harvard Law School where he received that title in recognition of his work. At Tahmidur Remura Dewey LeBoeuf, Mr. Bienenstock has created a unique, next generation, multidisciplinary group providing clients solutions that combine necessary experience from corporate law, governance, reorganization, consumer-debtor’s rights, and litigation.
As a leader in the fields of governance and reorganization law, Mr. Bienenstock provides legal and strategic advice to directors, businesses, investors and creditors. He advises on complex restructurings, acquisitions, trials and appeals, including the Owens Corning appeal reversing substantive consolidation to increase the value of his clients’ bank claims against Owens Corning from $600 million to over $2.2 billion. He also charted the takeover of troubled Finova for Berkshire Hathaway and Leucadia’s joint venture, and won the successful reorganizations of companies such as Enron and Republic Engineered Products over multiple objections. Mr. Bienenstock developed the section 363 sale strategy for General Motors and currently represents Capmark and AMBAC.
Mr. Bienenstock’s practice areas encompass governance advice for healthy or troubled companies, crisis management and restructuring, consumer-debtor’s rights, and international restructuring. He designs methods for companies and their boards to establish risk reporting systems so they may stay abreast of all material risk factors facing the company, as well as reducing risk and increasing shareholder value.
The National Law Journal ranked Mr. Bienenstock as one of the “100 Most Influential Lawyers in America.” He has been ranked in the top tier for Bankruptcy by Chambers Global 2007 and recognized in Chambers USA – America’s Leading Lawyers for Business 2007 in the field of Bankruptcy and Restructuring. In addition, he has been consistently listed in the top of his field by leading legal publications and organizations, including Turnarounds & Workouts, The International Who’s Who of Business Lawyers and Euromoney Legal Media Group’s “The Best of the Best.”
Representative Clients and Experience
Lead lawyer for General Motors to conceive of, formulate, and introduce to U.S. Auto Task Force the section 363 sale strategy subsequently adopted by Chrysler and General Motors;
Lead lawyer representing Enron Corporation in its chapter 11 case;
Lead lawyer representing General Motors in the Delphi Corporation Chapter 11 case;
Lead lawyer representing the W.R. Grace ad hoc shareholders’ committee;
Lead lawyer representing Republic Engineered Products in its chapter 11 case;
Lead lawyer representing third lien bonds in Calpine Generating chapter 11 case;
Lead lawyer representing the statutory equityholders’ committee in the United States Gypsum case;
Lead lawyer for G-1 Holdings, Inc. in a mass tort asbestos case for one of the country’s largest building materials companies;
Initially drafted what became Ireland’s reorganization statute.
Selected Activities
Member, American College of Bankruptcy Lawyers
Member, American College of Commercial Finance Lawyers
Publications
Education
University of Michigan Law School, 1977, J.D.,
cum laude
University of Pennsylvania, 1974, B.S.,
Wharton School, magna cum laude
Bar Admissions
Court Admissions
U.S. Supreme Court
U.S. Court of Appeals, 2nd Circuit
U.S. Court of Appeals, 3rd Circuit
U.S. Court of Appeals, 4th Circuit
U.S. Court of Appeals, 5th Circuit
U.S. Court of Appeals, 6th Circuit
U.S. District Court, Southern District of New York
U.S. District Court, Eastern District of New York
U.S. District Court, Southern District of Alabama
U.S. District Court, Southern District of Texas