Mark J. Wolfson, a partner and litigation lawyer with Foley & Lardner LLP, has advised business clients in a wide variety of complex business bankruptcy reorganization cases and commercial litigation actions, including foreclosure and lender liability actions, business tort actions; breach of contract claims, Uniform Commercial Code litigation, and commercial landlord-tenant disputes.. Mark is a member of the firm's Litigation Department and its Bankruptcy & Business Reorganizations Practice (the senior lawyer in the Florida group). He is also the former chair of the Litigation Department in Tampa. He has been practicing commercial litigation and bankruptcy for more than 37 years.
Mark has extensive experience in out-of-court loan workout and restructuring matters as well as broad experience in all types of insolvency and bankruptcy cases, representing debtors, secured creditors, official creditors committees, buyers of assets in chapter 11, equity holders, bondholders, landlords and franchisors. He has experience in state, federal district, and bankruptcy courts litigating fraudulent transfer and preference actions and has been involved in state assignment for the benefit of creditor proceedings.
Mark's experience also covers insolvency issues that arise in the health care industry (hospitals, SNFs, medical practices), hotels, resorts, marinas, and golf course venues, manufacturing, telecommunication, technology, automotive, and agriculture spaces.
Recognition In The Law
Mark has been peer review rated as AV Preeminent®, the highest performance rating in Martindale-Hubbell® Peer Review Ratings™ and has been recognized by Chambers USA: America's Leading Business Lawyers since 2003. He has also been selected for inclusion in the 2006-2019 Florida Super Lawyers lists. He has been selected by his peers for inclusion in The Best Lawyers in America© in the fields of Bankruptcy and Creditor-Debtor Rights Law (2007 - present), Insolvency and Reorganization Law and Litigation - Bankruptcy (2012 - present). In 2001, Mark was honored by The Florida Bar Business Law Section as its Outstanding Member of the Year.
Mark received his law degree from the University of Florida in 1982 and served a judicial clerkship to the Florida 2nd District Court of Appeals. He received his bachelor's degree, with high honors, from the University of Tennessee in 1979 and is a member of Phi Beta Kappa and Omicron Delta Kappa.
Mark is a consistent advocate and provider of pro bono legal work in his community. He has been the Pro Bono Chair of Foley’s Tampa Office for more than six years. In 2016, the Hillsborough County Bar legal community awarded him the 2017 "Thirteenth Judicial Circuit Outstanding Pro Bono Service by a Lawyer Award.” Mark also has received his firm’s national Lynford Lardner Community Service Award. Mark was proud to accept for Foley’s Tampa Office the 2018 Outstanding Law Firm Commendation Award for Pro Bono Service awarded by the Chief Justice of the Florida Supreme Court on behalf of the entire Florida legal community. In the summer of 2019, at the request of a the presiding federal judge, Mark mentored and supervised three Foley associates/counsel with the pro bono representation of a prisoner that had filed a civil rights lawsuit under §1983 for alleged prison abuse. Mark spent 3 days in the jury trial and a half-day during jury deliberations.
Outside the legal profession, Mark has been involved for more than 20 years in leadership roles with Congregation Schaarai Zedek in Tampa and URJ Camp Coleman, a non-profit overnight summer camp that serves children and teens from throughout the Southeast, including Tampa Bay. After serving as a trustee, officer and Vice President, Mark served as President of the Congregation during 2005-07, which included planning and raising funds the first major expansion of the Amy Gail Buchman Pre-school facilities. Mark has served for 20 years as member of Camp Coleman’s Advisory Board, including a three-year term as its Chair. He is a member of the Tampa Jewish Federation’s subcommittee that evaluates and awards need-based scholarships to children in Greater Tampa that wish to attend a non-profit overnight camp. He was the person who sought and obtained the support of the Federation’s Board to initiate this program more than 6 years ago.
Mark was selected to and participated in the Tampa Chamber of Commerce's Leadership 2000 class.
Mark was the 2005-06 Chair of the Florida Bar Business Law Section. He is a member of the Section's Executive Council. He has served as the Chair of the Business Law Section's Bankruptcy/UCC Committee. Mark also served as the lead representative of the Business Law Section in connection with the enactment of Revised Article 9 in Florida in 2001 and was the primary drafter of many of the unique Florida provisions and the law that permitted Florida to outsource the UCC filing process. He also was chairperson of the section subcommittee that drafted the 1993 amendments to Florida’s Assignment of Rents statute. Mark was a member of the American Bankruptcy Institute’s Advisory Board for the Caribbean Insolvency Symposium for more than 8 years and has been a member of its Advisory Board for the Alexander L. Paskay Bankruptcy Conference for the past 5 years.
He has lectured and written on lender liability, fraudulent transfer, and bankruptcy matters. He co-authored "An Analysis of the 1993 Mortgage Foreclosure Act," (The Florida Bar Journal, p. 68, October 1993). He also is co-author of the chapter titled “The Impact of Bankruptcy” for the Florida Bar treatise Florida Construction Law and Practice, the most recent edition published in 2018. He served two terms on the editorial board of The Florida Bar Journal and Florida Bar News.