Mark Thompson is a Partner at Simpson Thacher & Bartlett LLP in the Firm’s Bankruptcy practice, where he concentrates on business reorganizations, acquisitions of troubled companies, creditors’ rights and structured financing.

Recent Engagements

Issuers and Sponsors

•  Counsel to Sirius XM Radio, Inc. in resolution of 2009 maturities
• Counsel to Qimonda AG’s US affiliates in their chapter 11 proceedings.
• Counsel to Neff Corporation and its sponsor in out-of-court debt restructuring.
• Counsel to Aveos Fleet Performance, Inc. and its sponsors in out-of-court restructuring
• Counsel to American Media, Inc. and its sponsors in its out-of-court debt restructuring.
• Counsel to WCI Communities in out-of-court restructuring negotiations.
• Counsel to Russell-Stanley and its sponsor in out-of-court restructurings.
• Counsel to debtors in the chapter 11 cases, In re CellNet Data Systems (wireless data); SkyView Media (ethnic language broadcasting); and Pegasus Gold Corporation (mining).
• Counsel to the sponsor in respect of debt and equity investments in World Kitchen.
• Provides advice to numerous leading private equity funds and hedge funds in relation to investments in distressed companies.

Secured Lenders

• Counsel to the administrative agent for the first lien lenders, debtor-in-possession lenders and exit lenders to BHM Technologies LLC and its affiliates in their pre-negotiated chapter 11 cases.
• Counsel to the secured lenders to MC Communications in out of court restructuring.

Counsel to the secured lenders to Complete Energy Holdings in out of court restructuring.

• Counsel to certain secured lenders in WestPoint Stevens and Mississippi Chemical chapter 11 cases.
• Counsel to secured lenders in Pillowtex chapter 11 case.
• Counsel to the secured lender to U.S. Energy Biogas Corp in its chapter 11 reorganization.
• Counsel to the principal secured lender to ANC Rental Corporation in its chapter 11 case.

Other Restructuring Engagements

• Counsel to funds managed by MatlinPatterson Global Advisors in relation to investment in Thornburg Mortgage Advisors
• Counsel to JPMorgan as provider of $2.2 billion equity purchase commitment to finance the exit of Owens Corning from its chapter 11 reorganization.
• Counsel to Eton Park and other funds providing exit financing to Integrated Electrical Systems.
• Counsel to the Official Committee of Unsecured Creditors of Mirant Corporation.
• Counsel to funds managed by King Street Capital Management in acquisition of an interest in a power plant in the Calpine chapter 11 cases.
• Involvement in asbestos-driven bankruptcies and litigation including representation of Samuel Heyman and affiliated companies in lawsuits arising out of asbestos claims against GAF Corporation; representation of Walter Industries and affiliated entities in lawsuits and bankruptcy cases arising out of asbestos claims against Celotex Corporation.
• Representation of debtor-in-possession lenders in NextWave Telecom, Safety-Kleen and Grove Worldwide.
• Representation of Blackstone Advisory Services and Evercore Partners as financial advisors.

Mr. Thompson joined Simpson Thacher in 1982 and became partner in 1991.  He received his B.A., summa cum laude, from Columbia University in 1979 and his J.D., cum laude, from Harvard Law School in 1982.  He has practiced full time in the Bankruptcy Department since 1986. 

Honors/Associations

•	American Bankruptcy Institute, Member

Publications

•	Private Equity Investments in Portfolio Company Debt: An Overview of Legal Issues, 2009
•	Delaware Bankruptcy Decision Upholds Loan By Private Equity Firm to Portfolio Company
•	Implications of the Bankruptcy Legislation of 2005 for Corporate Bankruptcies
•	New York Court Holds That Allegations Showing a Preexisting Relationship Between a Company and the Leading Underwriter of Its IPO Sustain a Cause of Action for Breach of Fiduciary Duty
•	Second Circuit Interprets New York's Fraudulent Conveyance Statute to Exclude Asymptomatic Asbestos Plaintiffs From Solvency Analysis
•	Implications of Federal Appellate Court Decision Allowing Bankrupt Company to Sell Real Estate Free and Clear of Tenant's Lease
•	Third Circuit Holds Sales of Assets in Chapter 11 Cases Are Free of Successor Liability
•	A Look at Directors and Officers Insurance Post-Enron
•	In re Resorts International, Inc.: Third Circuit Effectively Bars Application of Fraudulent Conveyance Statute to Payments to Public Shareholders in Leveraged Buyouts
•	Grupo Mexicano De Desarrollo, S.A. v. Alliance Bond Fund, Inc.: Supreme Court Restricts Creditor’s Right to Obtain Preliminary Injunction from Federal Court to Prevent Dissipation of Assets
•	Perlman v. Catapult Entertainment, Inc. (In Re Catapult Entertainment, Inc.): Ninth Circuit Restricts Debtor’s Right To Assume Patent Licenses
•	Corporate Governance Issues in Chapter 11 Cases, Corporate Governance Advisor, December 1993
•	Some Traps the Bankruptcy Code Sets For the Unwary Trial Lawyer, Bankruptcy Litigation, Published by the Bankruptcy and Insolvency Committee of the ABA's Section on Litigation, April 1993
•	Financial Crisis in United States Aviation Industry (Co-Author), Air and Space Law, 1993
•	Corporate Governance Issues in Bankruptcy (Co-Author), Man the Lifeboats?  Counselling Directors of Troubled Companies, ABA Section of Business Law, New York City, 1993
•	Seeking to Avoid Bankruptcy Through Exchange Offers and Similar Transactions:  Some Relevant Considerations, (Co-Author with Lillian E. Kraemer), ALI-ABA Conference on Bankruptcy, October 1990
•	Why Would a Client Serve on an Unsecured Creditor's Committee?  (Co-Author with Lillian E. Kraemer), ALI-ABA Conference on Bankruptcy, October 1990

Admissions

•	New York 1984
•	U.S. District Court Southern District of New York 1988
•	U.S. Court of Appeals 2nd Circuit 2005
•	U.S. Court of Appeals 3rd Circuit 1993
•	U.S. Court of Appeals 5th Circuit 2004
•	U.S. Court of Appeals 6th Circuit 1993

Education

•	Harvard Law School, 1982 J.D. cum laude; Phi Beta Kappa
•	Columbia University, 1979 B.A. summa cum laude; Phi Beta Kappa