Benjamin E Marcus

Practice Areas

Ben Marcus is a highly experienced transactional attorney. Ben has 33 years of experience representing clients throughout North America in complex commercial arrangements including equity and asset transactions on the buy and sell side, joint venture and development agreements, workouts and restructurings, and contract preparation and review (including the negotiation and execution of Saas and other hosted agreements, and hotel management agreements). Ben has represented companies in many different industries, and regularly advises clients such as community banks, firms offering SaaS, communication tower and wireless network developers, hotel developers and management companies, and sales representatives.

Ben also has extensive experience in business insolvency and restructuring situations, with particular expertise representing clients in the purchase of businesses that are insolvent or in Chapter 11 reorganization proceedings, advising commercial lenders on workouts and restructuring of their most significant troubled lending relationships, and counseling executives on their options in a stressed business environment. Ben’s transactional skill and experience combined with his sophisticated understanding of insolvency and restructuring law allow him to quickly identify legal issues that can arise and provide clients with comprehensive and creative solutions that meet their business needs.

Professional Memberships

-Maine State Bar Association

-New Hampshire Bar Association

-Turnaround Managment Association

Publications

-Author, “The Changing Contours of the Absolute Priority Rule in Reorganization Proceedings Under Chapter 11 of The Bankruptcy Code,” Volume 7, No. 6, Maine Bar Journal

-Co-Author, “Directors in the Twilight Zone II,” International Association of Restructuring, Insolvency and Bankruptcy Professionals, chapter discussing insolvency (2005)

Expert in these Jurisdictions

-Maine

-Massachusetts

-New Hampshire

-U.S. District Court for the District of Maine

-U.S. District Court for the District of New Hampshire

Education

Awards