Martin J. Bienenstock, '77, is chair of the Business Solutions, Governance, Restructuring & Bankruptcy Department at Prokauer Rose LLP. He also teaches Advanced Reorganization at Harvard Law School, where he was selected to hold the title of Robert B. and Candice J. Haas Lecturer on Law in recognition of his work.
In June 2006, the National Law Journal named Bienenstock to its list of 100 Most Influential Lawyers in America. He is consistently listed in the top of his field by industry publications. He was ranked in the top tier for bankruptcy by Chambers Global 2006.
Bienenstock specializes in helping healthy companies avoid distress and helping distressed companies or their creditors resolve distress. His practice ranges from providing legal and strategic advice to directors, management, investors, or creditors, to leading complex trials and appeals in the courtroom. He charted the takeover of troubled Finova for Berkshire Hathaway's and Leucadia's joint venture, won the successful reorganizations of companies like Enron and Republic Steel over multiple objections, and formulated and argued the legal theories to win major appeals such as the Owens Corning decision reversing substantive consolidation to increase the value of his clients' bank claims against Owens Corning from $600 million to over $2.2 billion. Bienenstock developed for General Motors the section 363 sale free and clear strategy that the United States Auto Task Force deployed for both Chrysler and General Motors. He led the representation of General Motors in the Delphi Corporation Chapter 11 case and the representation of United States Gypsum's shareholders' committee where the equity obtained billions of dollars of value for the first time in any mass tort asbestos case. Bienenstock also led the reorganization of G-1 Holdings, and is heading the reorganization of NewPage and the representation of the MF Global statutory creditors' committee.
Bienenstock specializes in areas requiring governance advice for healthy or troubled companies, in crisis management and restructuring, and in international restructuring, inclusive of his initial drafting of what became Ireland's reorganization statute. He formulates for companies and their boards methods to establish risk reporting systems to enable the board and management to stay abreast of all material risk factors facing the company, and is writing methods for boards to allocate more of their agendas to value creation to avoid over-immersion in section 404 compliance.
He wrote a 1,000-page treatise on Chapter 11, entitled "Bankruptcy Reorganization," published by the Practicing Law Institute. He was voted a member of the American College of Bankruptcy Lawyers and the American College of Commercial Finance Lawyers.
Bienenstock received his BS, magna cum laude, from the University of Pennsylvania Wharton School in 1974, and his JD, cum laude, from the University of Michigan Law School in 1977.