Michael Michael D. Rubenstein 1001 Fannin StreetSuite 1800 Houston, Texas 77002 Overview Michael Rubenstein is an experienced bankruptcy practitioner with a diverse commercial practice encompassing not only business bankruptcies, restructurings and reorganizations, but complex business litigation and criminal law. With a reputation for efficiency and effectiveness, his bankruptcy practice is largely devoted to the representation of creditors, often in the energy sector, in complex reorganizations throughout the U.S., such as:
In re Iron Horse Tools, LLC (S.D. Tex.) – Lead counsel for senior secured creditor. In re All American Oil & Gas, Inc. (W.D. Tex.) – Lead counsel for secured creditor. In re Bennu Titan LLC (Bankr. D. Del. & Bankr. S.D. Tex.) – Lead counsel for record title owner of leases whom Debtor and regulators attempted to shift responsibility for offshore platform. In re Cubic Energy, Inc. (Bankr. D. Del.) -- Lead counsel for a senior secured lender and plan proponent. In re PostRock Energy Corporation (Bankr. D. Okla.) – Lead counsel for national bank holding the single largest portion of secured debt. In re Greenfield Energy Services, Inc. (Bankr. D. Del.) – Lead counsel for SWEPI L.P., obtaining a complete release for a senior secured creditor involving a hydraulic fracturing operation. In re ATP Oil & Gas Corporation (Bankr. S.D. Tex.) – Lead counsel for both trade creditors and energy companies potentially responsible for substantial collective decommissioning obligations due to the Debtor’s default. In re Superior Offshore International (Bankr. S.D. Tex.) -- Lead counsel for the Official Committee of Unsecured Creditors, obtaining full payment with interest.
Michael also routinely handles the defense of preference litigation in some of the largest bankruptcy cases in the U.S. and is certified in the area of business bankruptcy law by the American Board of Certification. “Liskow’s depth of bankruptcy and courtroom experience is truly an asset for every client that hires us in these areas,” Michael notes.
Major financial institutions throughout Texas and Louisiana regularly seek Michael's guidance. In addition, he has extensive experience in general business litigation and government enforcement proceedings, and has managed complex, large and difficult electronic discovery projects in both criminal and civil cases.
Michael has served as managing partner of the firm's Houston office and as a member of the firm’s Board of Directors. He has also served on the firm’s compensation, technology, library, medical, and office administration committees. He was a Law Clerk to the Honorable Edith Brown Clement, Judge, United States District Court, Eastern District of Louisiana from1993–1995. Experience Clients know Michael as a lawyer who is highly responsive and focused on getting what they need done. "My job is to practically and efficiently achieve their goals within the law, a valuable approach when uncertain economic conditions demand even more pragmatic business solutions." Here are recent examples of Michael's work that illustrate this:
In re Iron Horse Tools, LLC (S.D. Tex.) – Lead counsel for senior secured creditor in restructuring of oilfield service concern. In re All American Oil and Gas Incorporated, et al. (Bankr. W.D. Tex.) – Lead counsel for Shell Trading Risk Management, LLC and Shell Trading (US) Company in Chapter 11 of derivative counterparty. Citibank, N.A. v. Cardinal River Energy Company (S.D.N.Y.) – Co- lead counsel for defendants. In re Bennu Titan LLC (Bankr. D. Del. & Bankr. S.D. Tex) – Lead counsel for record title owner of leases whom Debtor and regulators attempted to shift responsibility for offshore platform. In re Cubic Energy, Inc. (Bankr. D. Del.) -- Lead counsel for a senior secured lender and plan proponent. In re PostRock Energy Corporation (Bankr. D. Okla.) – Lead counsel for a national bank holding the single largest portion of secured debt. In re Greenfield Energy Services, Inc. (Bankr. D. Del.) – Lead counsel for SWEPI L.P., obtaining a complete release for a senior secured creditor involving a hydraulic fracturing operation. In re ATP Oil & Gas Corporation (Bankr. S.D. Tex.) – Lead counsel for both trade creditors and energy companies potentially responsible for substantial collective decommissioning obligations due to the Debtor’s default. In re Superior Offshore International (Bankr. S.D. Tex.) -- Lead counsel for the Official Committee of Unsecured Creditors, obtaining full payment with interest.
InvolvementProfessional
Death Penalty Representation Project, American Bar Association – Steering Committee Member, 2013 to present; Chair, 2016 to 2020 Board of Directors, The Promise of Justice Initiative, 2014 to 2020 Board of Advisory Editors, Tulane Law Review, 2003 to present Law Dean’s Advisory Council, Tulane Law School, 2014 to present Governing Council of the Antitrust and Business Litigation Section of the State Bar of Texas - Secretary-Treasurer, 2008 – 2009; Chair-Elect, 2009 – 2010; Chair, 2010 – 2011 Federal Bar Association, National Government Relations Committee, 2010 to present, New Orleans Chapter Board of Directors, 2002-2005 Criminal Justice Act Panel, United States District Court for the Eastern District of Louisiana, 1998 – 2007 Adjunct Faculty Criminal Procedure, Loyola University, New Orleans, School of Law, 2005 Louisiana Supreme Court, Committee on Bar Admissions - Assistant Bar Examiner, Criminal Law, Procedure and Evidence, 2003 – 2009 - American Bar Association – Section of Business Law
- Business Bankruptcy Committee
- Vice-Chair, Partnerships and Limited Liability Entities in Bankruptcy Committee, 2012 – 2014
- Chair, Legislation Subcommittee, 2015 – 2017
- Bankruptcy IP & Technology, Vice Chair 2017 to 2020; Chair 2020 to present
- Business and Corporate Litigation Committee
- Chair, Subcommittee on Bankruptcy Litigation, 2007 – 2011
- Vice-Chair Subcommittee on Ethics, Professionalism & Civility, 2011 to present
Community
Houston Livestock Show and Rodeo, World's Championship Bar-B-Que Committee – Committeeman, 2006 to present; Assistant Captain 2012 – 2014; Captain 2014 – 2016; Vice Chair, 2016 – 2020 Tulane Alumni Association – President, 2015 – 2016, Member, Board of Directors, 2011 – 2017 Board of Trustees, Congregation Beth Israel, 2011 – 2018 Board of Trustees, The Selwyn School (Denton, Texas) – 2012 to present Teach for America Greater New Orleans Region – Community Advisory Board Chair 2001 – 2003; Member, 1998 – 2005 New Orleans Speech and Hearing Center – President, 2001 – 2003; Board of Directors, 1997 – 2005 Anti-Defamation League – South Central Region Board, 2002 – 2005; Southwest Region Board, 2008 – 2014; Chair's Council, 2012 – 2014 Congregation Temple Sinai – Treasurer, 2005; Board of Trustees, 1998–2005; Brotherhood President, 2003 – 2005 Leadership Louisiana, Council for a Better Louisiana, 2003 Young Leadership Council – Board of Directors, 1997 – 2000; Secretary and Counsel, 1997 – 1998 Metropolitan Leadership Forum – 1998
Recognition
Elected Member, American Law Institute, 2011 to present Fellow, Louisiana Bar Foundation, 2002 to present Fellow, Foundation of the Federal Bar Association, 2014 to present Fellow, American Bar Foundation, 2014 to present Fellow, Texas Bar Foundation, 2020 to present The Best Lawyers in America, 2020 - 2022 Texas Super Lawyers, Thomson Reuters, 2007, 2011-2012, 2014-2019 Certified in Business Bankruptcy Law by the American Board of Certification Camille Gravel Pro Bono Award, Federal Bar Association New Orleans Chapter, 2009
Presentations
- “Remedies and Limitations in Bankruptcy,” 32nd Annual Advanced Real Estate Drafting Course, Texas Bar CLE, Houston, Texas, March 18, 2021
- “Bankruptcy Topics for the Real Estate Lawyer; Free, Clear, and Beyond," 55th Annual William W. Gibson, Jr. Mortgage Lender and Serving Institute, University of Texas CLE, Austin, Texas, September 17, 2021
- "Through the Looking Glass: An Introduction to Curiouser and Curiouser Bankruptcy Law and Procedure,” Tulane Business Forum, A.B. Freeman School of Business, Tulane University, New Orleans, LA Sept. 17, 2020 (with Hon. Meredith Grabill)
- "Motivate, Facilitate, Celebrate: Pro Bono Models that Work for American and Canadian Business Lawyers," American Bar Association Business Law Section, Spring Meeting, Vancouver, British Columbia, March 28, 2019
- “IP Financing 360: Legal and Market Dynamics,” American Bar Association Business Law Section, Annual Meeting, Austin, TX, Sept. 13, 2018
- “An Ethics Discussion: Sharing the Attorney-Client Privilege - Too Much of a Good Thing,” American Bar Association Business Law Section, Annual Meeting, Austin, TX, Sept. 14, 2018 (webinar reprise April 23, 2020)
- “Drilling Down: The Oil & Gas Industry and Bankruptcy Collide,” American Bar Association Business Law Section, Spring Meeting, New Orleans, Louisiana, April 7, 2017.
- "Bankruptcy for Breakfast," American Bar Association, Section of Business Law, Fall Meeting, Washington, D.C., 2007-2010, 2012-2018.
- “Unique Issues in Oil & Gas Bankruptcies,” Southern District of Texas Bankruptcy Bench Bar Conference, Corpus Christi, TX, April 21, 2016.
- "Ethics: Attorney Liability and Responsibility to Non-Clients,” Institute for Energy Law, 4th Midstream Oil & Gas Law Conference, Houston, Texas, December 3, 2015.
- "Tips for Avoiding a Dry Hole in an Oil and Gas Bankruptcy: An ATP Case Study,” The Interplay of Bankruptcy and Oil & Gas Law, New Orleans Bar Association, October 15, 2015
- “Yes, No, and Maybe – What You Can, Can’t, and Might be Able to do in Bankruptcy Asset Sales, 34th Annual Advanced Real Estate Law Course, State Bar of Texas, San Antonio, Texas, July 13, 2012
- “Bankruptcy Sales: Free and Clear?,” 27th Annual Real Estate Law Conference, South Texas College of Law, June 8, 2012
- “Recent Developments: Prosecutorial Misconduct,” 4th Annual White Collar Crime Symposium, New Orleans, 2012
- "Bankruptcy Basics for Corporate Counsel," Association of Corporate Counsel, Houston Chapter, May 2011
Publications
- "Top 10 Labor and Employment Issues in Bankruptcy Continued," Liskow & Lewis' The Energy Law Blog, March 8, 2021
- "Top 10 Labor and Employment Issues in Bankruptcy," Liskow & Lewis' The Energy Law Blog, March 1, 2021
- "Bankruptcy Litigation," Annual Review of Developments in Business and Corporate Litigation (2004–2019)
- “Bankruptcy Reform Can Impact Commercial Real Estate Counsel,” Texas Lawyer, March 12, 2007, at 23
- "Fifth Circuit Symposium: Federal Jurisdiction and Procedure," (with Joanne O. Brodner), 46 Loy. L. Rev. 1029 (2000)
- "Note, Bright v. Houston Northwest Medical Center Survivor, Inc.: Number of Weeks Spent on Call Not Relevant to Overtime Compensation Under the FLSA," 66 Tul. L. Rev. 1517 (1992)
Pro Bono By order of the Louisiana Supreme Court, Michael represented an inmate on death row at the Louisiana State Penitentiary. This resulted in a compromise, whereby the client was allowed to plead guilty to a lesser charge and receive a life sentence. In recognition of this work, Michael received the Camille Gravel Pro Bono Award from the New Orleans Chapter of the Federal Bar Association, and the firm received the Beacon of Justice Award from the National Legal Aid & Defender Association. Michael also served as Chair of the Steering Committee for the American Bar Association’s Death Penalty Representation Project. After Hours"I'm an avid scuba diver and underwater photographer. When I'm in the water, I am able to set work aside and relax." 
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