Mark J. Wolfson

Partner

Overview

Mark J. Wolfson, a partner and litigation lawyer with Foley & Lardner LLP, has been involved in a wide variety of complex commercial litigation cases, including commercial foreclosure and lender liability suits; business tort actions; and breach of contract, UCC litigation, and commercial landlord-tenant cases. He is a member of the firm's Litigation Department and its Bankruptcy & Business Reorganizations Practice (the senior lawyer in the Florida group). He is the former chair of the Litigation Department in Tampa. Mr. Wolfson has been practicing commercial litigation and bankruptcy for more than 30 years.

Mr. Wolfson has been appointed by the Circuit Court of Hillsborough County, Florida, as a special master, a role in which he effectively acts as a "magistrate judge" to hear evidence, make evidentiary and procedural rulings, and render findings of fact and conclusions of law for review by a trial judge.

Mr. Wolfson 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 secured creditors, creditors’ committees, buyers of assets in chapter 11, equity holders, bondholders, and parties to contracts such as 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.

Mr. Wolfson has been the lead attorney on workout and restructuring engagements involving more than a billion dollars in complex real estate and corporate loans. He also has experience in health care, hotel, golf course, manufacturing, telecommunication, technology, automotive, and agriculture insolvency cases.

Recognition

Mr. Wolfson has been Peer Review Rated as AV® Preeminent™, the highest performance rating in Martindale-Hubbell's peer review rating system and has been recognized by Chambers USA: America's Leading Business Lawyers since 2003. He has been selected for inclusion in the 2006-2017 Florida Super Lawyers® lists. Mr. Wolfson was also selected by his peers for inclusion in The Best Lawyers in America© since 2007 for bankruptcy and creditor-debtor rights law. In 2001, Mr. Wolfson was honored by The Florida Bar Business Law Section as its Outstanding Member of the Year.

Community Engagement

In 2013, Mr. Wolfson contributed more than 100 pro bono hours to the Bay Area Legal Services Volunteer Lawyers Program and was recognized by the Thirteenth Judicial Circuit Pro Bono Committee with a Gold Award. In 2016, Mr. Wolfson contributed more than 175 pro bono hours to the program and was awarded the 2017 "Thirteenth Judicial Circuit Outstanding Pro Bono Service by a Lawyer Award" in the Tampa Bay Area.

Professional Memberships

Mr. Wolfson 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. Mr. Wolfson 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 primary draftsman of many of the Florida non-uniform provisions, including those concerning default and remedies. He also was chairperson of the section subcommittee which drafted the 1993 amendments to Section 697.07, Florida Statutes – the Assignment of Rents statute. Mr. Wolfson has been a member of the American Bankruptcy Institute’s Advisory Board for the Caribbean Insolvency Symposium for more than 8 years.

Thought Leadership

He has lectured and written on lender liability, fraudulent transfer, and complex bankruptcy matters. Mr. Wolfson 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. He served two terms on the editorial board of The Florida Bar Journal and Florida Bar News.

Education

Mr. Wolfson received his law degree from the University of Florida in 1982 and served a judicial clerkship to the Florida Second 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.

Affiliations

Mr. Wolfson was selected to and participated in the Tampa Chamber of Commerce's Leadership 2000 class. He served as the president of Temple Schaarai Zedek, a 1000 family congregation, in 2005-07 and was a member of its board of trustees for more than 12 years. Mr. Wolfson was named chair of the Advisory Board for URJ Camp Coleman, a summer camp north of Atlanta that serves more than 800 children each year.