Gary F. Eisenberg

Partner

New York

Print bio

212.262.6902 direct

GEisenberg@perkinscoie.com

Notice

Before proceeding, please note: If you are not a current client of Perkins Coie, please do not include any information in this e-mail that you or someone else considers to be of a confidential or secret nature. Perkins Coie has no duty to keep confidential any of the information you provide. Neither the transmission nor receipt of your information is considered a request for legal advice, securing or retaining a lawyer. An attorney-client relationship with Perkins Coie or any lawyer at Perkins Coie is not established until and unless Perkins Coie agrees to such a relationship as memorialized in a separate writing.

vCard

A veteran litigator with more than 30 years of experience, Gary is trusted by clients with their most critical matters.

Gary Eisenberg advises clients on matters including creditors' rights, workouts, litigation, and bankruptcy. He works in a range of industries, with a particular emphasis on commercial mortgage-backed securities (CMBS) special servicers, collateralized debt obligation (CDO) holders, and other financial institutions. Gary focuses on dealing with industries facing distress, including hospitality, real estate, and financially leveraged businesses.

Gary frequently handles complex, bet-the-company litigation with arcane financial underpinnings. He has achieved numerous favorable outcomes, including eight-figure judgments, settlements, and dismissals on summary judgment, that have preserved his clients' companies and reputations. Among his more dramatic and notable cases was the representation of an indenture trustee in an aircraft financing that resulted in the repossession of a 747-transport plane off a military base.

In his work with CMBS special servicers, Gary formulates servicing agreements and exercising rights and remedies, among other matters. Additionally, he represents secured creditors, bondholders, hedge funds, and distressed asset buyers in large and complex cases. He routinely advises on the debtor-creditor aspects of corporate transactions, including structured finance transactions.

Gary assists clients in multiple-jurisdiction matters, including representing secured lenders in foreclosure and other security interest litigation, and in nonjudicial sales. When representing creditors in multiple bankruptcy jurisdictions, he litigates cash collateral orders, stay relief motions, and procurement of confirmation of lender-proposed plans of reorganization.

An innovative advocate for his clients, Gary has represented owners of leveraged companies and affiliated lenders in restructuring troubled businesses using Article 9 of the Uniform Commercial Code and similar laws. He also advises entrepreneurial finance companies in developing and enforcing novel secured-credit products, including credit secured by intellectual property.

Gary previously chaired the firm's CMBS practice and the New York office's Community Service Committee.

Areas of focus

Industries

Healthcare

Land Development

Blockchain & Digital Assets

Hospitality

Music, Film & Television

Sports

CMBS and Real Estate Workouts

Digital Media & Entertainment, Gaming & Sports

Real Estate

Life Sciences & Healthcare

Services

Bankruptcy & Restructuring

Business Litigation

Corporate Law

Financial Transactions

Land Use & Development

Litigation

Real Estate & Land Use

Leasing

Trial Practice

Education & Credentials

Education

New York University School of Law, J.D., 1989
Yale University, B.A., Economics & Mathematics, magna cum laude, with distinction, 1986

Bar and Court Admissions

New York
New Jersey

Related Employment

Herrick, Feinstein LLP, New York, NY; Newark, NJ, Partner, 2007-2011
Windels Marx Lane & Mittendorf, LLP, New York, NY; New Brunswick, NJ, Associate, 1996-2003; Partner, 2004-2007
Lowenstein Sandler Kohl Fisher & Boylan, PC, Livingston, NJ, Associate, 1990-1996

Clerkships

Hon. Stewart Pollock, Supreme Court of New Jersey

Professional Recognition

Selected by Super Lawyers Magazine as a New York Metro "Super Lawyer" for Bankruptcy & Creditor/Debtor Rights, 2013-2024
Listed in Legal Leaders as Top Rated Litigator, 2023

Impact

Professional Leadership

Turnaround Management Association (TMA), New York Chapter, Membership Committee, 2021
Perkins Coie Community Service Committee, New York Chair, 2017

Community Involvement

Congregation Ahawas Achim Bnai Jacob & David, Member

Professional Experience

Experience

Successful CMBS Sale Authorization

Obtained authorization for sale of CMBS over the objection of fund counsel, enabling eight-figure outcome for client.

Summary Judgment Ends Major Threat to Financial Institution

Represented major financial institution in defeating effort by international investment bank to “crack” CDO and attempt to orchestrate financial default of client. Prevailed on summary judgment.

CMBS Foreclosures and Enforcements

Represented CMBS special servicers, private lenders and financial institutions in foreclosure and related enforcement of over $1 billion of defaulted financial instruments (including hotels, healthcare facilities, and a 747 off of a military base).

PE Fund Gains Major Proceeds of Asset Sale

Orchestrated successfully, on behalf of a private equity fund, the structured dismissal of a bankruptcy case and distribution to our client of major portion of the proceeds of asset sales.

Trustee Litigation Resolved in Eight-Figure Settlement

Represented liquidating trustee in pursuit of litigation against junior lienors for improper control of financially troubled company; successfully negotiated eight-figure settlement.

Article 9 Sale Helps to Launch New Business

Orchestrated Article 9 sale of assets by secured creditor/equity holder of media production company and acquisition of senior debt to effectuate launch of new business with clean balance sheet.

Enforcement of Perfected Lien Through Conversion to DIP Loan

Represented prepetition lender secured by lien on business assets in converting loan into DIP loan in bankruptcy with provisions compelling payback of DIP loan in full upon sale of assets, without holdback rights for debtor contemplating lender liability counterclaims, provisions the bankruptcy court enforced.

Judgment on “Bad Actor” Guaranty

After obtaining title to property in contested foreclosure, obtained entry of what is reputed to be the largest ever deficiency judgment in that jurisdiction arising out of “bad actor” guaranty, by proving that leases made without lender consent post-foreclosure commencement constituted unauthorized transfers triggering full recourse liability.