Mark D. Kotwick is a partner in Seward & Kissel’s Litigation Group. He has practiced law since 1989 and became a partner in the Firm in 2000.

Mr. Kotwick represents clients in a wide variety of complex and sensitive matters, including those involving securities litigation, banking and commercial controversies, employment law, and commercial and bankruptcy litigation involving asset backed securities. He also regularly advises clients on employment matters, including employment contracts, restrictive covenants, reductions in force, group hirings and other work place issues. In addition, Mr. Kotwick is a member of the Firm’s Energy Finance Restructuring Team, a highly focused and specialized cross-disciplinary team dedicated to energy sector bankruptcies and restructurings.

Mr. Kotwick received a J.D. with Honors, from University of North Carolina School of Law, and a B.S. with High Honors from Grand Valley State University. He is a member of the New York County Lawyers’ Association-Member, Committee on Federal Courts; the New York State Bar Association; the American Bar Association; the Federal Bar Council; and the International Bar Association.

Representative Experience

Representative litigation matters include:

  • Representing trustees and holders in connection with disputes surrounding obligations to repurchase loans in asset backed securities trusts
  • Representing the trustee of several hundred residential mortgage backed securities trusts in litigation over the loan originator’s repurchase obligations in the ResCap bankruptcy proceedings
  • Representing bank in a dispute involving a $500 million credit default swap agreement in parallel proceedings in New York and London
  • Representing a leading Canadian bank in a federal securities class action, bankruptcy adversary proceeding and various multi-district litigation related to the collapse of Enron where it was alleged that the client had aided and abetted Enron’s fraudulent accounting practices
  • Representing privately held company, following the sale of a $160 million fertilizer plant, in post-sale dispute concerning allegations of accounting irregularities and indemnification for environmental claims
  • Representing financial institution in a litigation arising from a group hiring and the transfer of the management of a CDO fund with assets in excess of one billion dollars
  • Representing bank agent for $24 billion in first lien debt in the Energy Future Holdings, Corp. bankruptcy proceedings.