Education

  • State University of New York at Albany, B.A. economics (1978) summa cum laude
  • University of Virginia School of Law, J.D. (1981) The Order of the Coif, Virginia Law Review

Admissions

  • California
  • District of Columbia
Mark D. Plevin, Partner San Francisco, Washington, D.C.
mplevin@crowell.com
Phone: +1 415.365.7446
275 Battery Street, 23rd Floor
San Francisco, CA 94111
Phone: +1 202.624.2801
1001 Pennsylvania Avenue NW
Washington, DC 20004-2595

Mark D. Plevin is a Crowell & Moring partner who currently devotes most of his time to litigating in the bankruptcy and insurance coverage areas. His unusual blend of experience in these two distinct areas has resulted in him assuming a lead counsel role, on behalf of both U.S. and international insurers, in some of the nation's most important asbestos bankruptcy cases. Mark also litigates major insurance coverage cases and handles appeals in both bankruptcy and insurance matters. 

In the asbestos bankruptcy area, Mark recently served as lead trial counsel for several insurers in the Plant Insulation and Thorpe Insulation confirmation hearings. Before that, Mark was lead trial counsel for several insurers in the Combustion Engineering confirmation hearing, then orally argued for those insurers in the subsequent district court and Third Circuit appeals; in JT Thorpe, Mark argued in the Fifth Circuit the insurers' appeal of the confirmation order, having first obtained a stay of the confirmation order pending appeal; and Mark was also lead trial counsel for certain insurers during the Federal-Mogul and W.R. Grace confirmation hearings.

Mark has also represented insurers in bankruptcy cases involving mass torts besides asbestos, such as silica, defective home heating furnaces, defective home plumbing systems, and environmental pollution. Outside the mass tort area, Mark has represented both debtors and creditors in bankruptcy cases, and in non-mass tort cases, throughout the country. He was one of the debtors' lawyers in Baldwin-United, then the nation's largest-ever Chapter 11 bankruptcy case. Mark's creditor representations have included manufacturing companies, banks, airlines, consulting firms, insurance companies, shopping center owners, and defendants in actions seeking to avoid preferences or fraudulent conveyances. He has litigated a broad range of bankruptcy matters, including plan confirmation objections, automatic stay issues, issues concerning the sale and disposition of significant assets, claim objections, estimation proceedings, motions to appoint trustees, avoidance actions, adequacy of disclosure statements, turnover matters, approvals of settlements, and bankruptcy court jurisdiction and venue issues. Some of these matters involved trials in which Mark acted as lead counsel, and some involved appeals that Mark argued. In addition to litigating, Mark also counsels bankruptcy clients in pre-litigation situations, including negotiating prepackaged bankruptcy plans. 

In the insurance coverage area, Mark has long experience as lead counsel representing insurers in cases involving environmental, asbestos, and products liability underlying claims. For example: in American Home Products, a multi-phase case involving 39 separate contaminated sites, Mark won several summary judgment rulings knocking out of the case several of the most costly sites; in Exxon Corporation, an environmental insurance coverage lawsuit concerning Exxon's claims for more than $1.5 billion in insurance coverage relating to approximately 5200 sites in the United States and Canada, Mark's clients won nine summary adjudication motions and settled after trial commenced; and in In re Eljer-Brass Insurance Coverage Litigation, a products liability coverage case, the Illinois Supreme Court, following Mark's oral argument, adopted a "trigger of coverage" ruling sought by our clients and other insurance companies. Currently, Mark is representing insurers in coverage litigation involving the National Football League and the National Collegiate Athletic Association, handling other coverage litigation in California, West Virginia, Illinois, Washington state, and Pennsylvania, and coordinating the activities of local counsel in coverage litigation in the Canadian provinces of Ontario and Manitoba. 

Mark has recently represented different insurers in connection with their surety exposures, including in the W.R. Grace bankruptcy and in a series of cases in the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit involving customs bonds.

On several occasions, Mark has teamed with lawyers from the firm's Torts Group and Corporate Group to counsel clients who were considering purchasing or investing in companies that face exposure to asbestos liabilities regarding the risks and benefits of such proposed transactions as well as possible structures for such transactions.

Mark has repeatedly been named one of the top lawyers in both the bankruptcy and insurance fields by Chambers USA. Chambers currently ranks Mark nationally in insurance and in California in bankruptcy and insurance. Mark has also repeatedly been listed in The Best Lawyers In America for both bankruptcy and creditor-debtor rights/insolvency and reorganization law and insurance law, in the Guide to the World's Leading Insolvency & Restructuring Lawyers and the Guide to the World's Leading Insurance and Reinsurance Lawyers, and as a Washington, D.C. Super Lawyer in the field of Bankruptcy and Creditor/Debtor Rights. In 2015, Mark was recognized as a winner of the D.C. Bankruptcy Litigation Attorney of the Year category for the 6th Annual Global Law Experts (GLE) Awards.

Mark regularly speaks on bankruptcy, insurance, and litigation topics. He has spoken at conferences or seminars for the National Conference of Bankruptcy Judges, the Third Circuit Judicial Conference, the American Bankruptcy Institute, Perrin Conferences, Mealey's Lexis-Nexis, ALI-ABA, the Practising Law Institute, HB Conferences, and at law school symposia.  

Mark joined Crowell & Moring in 1992 after practicing for eleven years with O'Melveny & Myers in both Washington, D.C. and San Francisco, where he was in that firm's Litigation Department and Bankruptcy Group.

Before starting law school, Mark was sports director of WCDB-FM and WSUA-AM in Albany, New York, where he did play-by-play of college basketball, football, and soccer and NHL hockey.



Affiliations

Admitted to practice: District of Columbia, California



Speeches & Presentations

  • "Asbestos Compensation: The Impact of Bankruptcy on the Tort System," Perrin Conferences’ National Asbestos Litigation Conference, San Francisco, CA (September 8, 2014). Panelist: Mark D. Plevin.
  • "Asbestos Bankruptcy: Recent Developments," Perrin Conferences, Beverly Hills, CA (March 1-2, 2012). Panelist: Mark D. Plevin.
  • "Emerging Insurance Coverage & Allocation Issues," Perrin Conferences, New York, NY (February 23, 2012). Panelist: Mark D. Plevin.
  • "The Inevitable Flood of Bankruptcies Likely to Arise from the Gulf Coast Oil Disaster," American Bankruptcy Institute Winter Leadership Meeting, Scottsdale, AZ (December 2010). Speaker: Mark D. Plevin.
  • "Asbestos Bankruptcy Current Trends and Future Outlook," HB Litigation Conferences (2010). Moderator: Paul W. Kalish; Panelist: Mark Plevin.
  • "Pre-Packaged Bankruptcies – Are They Still Viable?," HB Litigation Conferences' Asbestos Bankruptcy Litigation Conference (2010). Speaker: Mark D. Plevin.
  • "Top Insurance Issues," Perrin Conferences' Asbestos Litigation Conference (2010). Speaker: Mark D. Plevin.
  • "Alternative Dispute Resolution In Mass Tort And Other Complex Reorganization Cases," American Bankruptcy Institute Winter Leadership Conference (2008). Speaker: Mark D. Plevin.
  • Mealey’s Mass Tort Insurance Coverage Conference (2007). Co-Chair: Mark D. Plevin.
  • "The Futures Representative – It’s a Tough Job, But Somebody Has Got To Do It," Mealey’s Asbestos Bankruptcy Conference (2006). Speaker: Mark D. Plevin.
  • "Asbestos Bankruptcies, Past, Present and Future," Asbestos Litigation in the 21st Century, ALI-ABA (2006). Speaker: Mark D. Plevin.
  • "Enforceability of Arbitration Provisions in Bankruptcy Cases, 80th Annual Meeting," National Conference of Bankruptcy Judges (2006). Speaker: Mark D. Plevin.
  • "Impact On Insurance/Reinsurance Industry: A Global Perspective and Analysis," Mealey’s Asbestos Liability Forum (2005). Speaker: Mark D. Plevin.
  • "Future of Pre-Packaged Bankruptcies," Mealey’s Asbestos Bankruptcy Conference (2005). Speaker: Mark D. Plevin.
  • "The Mechanics of Asbestos Litigation and Bankruptcy," Asbestos – Anatomy of a Mass Tort: Symposium at University of Connecticut School of Law Insurance Law Center (2005). Speaker: Mark D. Plevin.
  • "Recent Developments Affecting Mass Torts Cases: Combustion Engineering et al.," American Bankruptcy Institute, Mid-Atlantic Bankruptcy Workshop (2005). Speaker: Mark D. Plevin.
  • "Asbestos and Bankruptcy Issues," Practising Law Institute, Insurance Coverage 2005: Claim Trends & Litigation (2005). Speaker: Mark D. Plevin.
  • "Perspectives on Asbestos Bankruptcy – Insurance," Mealey’s Asbestos Bankruptcy Conference (2005). Speaker: Mark D. Plevin.
  • "Insurance Issues in Asbestos Bankruptcy," Mealey’s Asbestos Bankruptcy Conference (2004). Speaker: Mark D. Plevin.
  • "Asbestos Bankruptcy Update and Which Asbestos Defendants Are Next in Line for Section 524(g)," Mealey’s National Asbestos Litigation Conference (2004). Speaker: Mark D. Plevin.
  • "Bankruptcies: Status and Issues," Asbestos: The Unsolved $200 Billion Problem, A Tillinghast-Claims Resolution Management Corporation Seminar (2004). Speaker: Mark D. Plevin.
  • "Insurance Standing and 'Insurer Neutrality,'" Mealey’s Asbestos Bankruptcy Conference (2004). Speaker: Mark D. Plevin.
  • "Asbestos Bankruptcy Basics and Selected Related Insurance Issues," Mealey's Asbestos Bankruptcy Conference (June 3, 2003). Presentor: Mark D. Plevin.
  • "Pre-Packaged Asbestos Bankruptcies: A Flawed Solution," Symposium, South Texas Law School (2003). Speaker: Mark D. Plevin.
  • "Coverage Issues in Bankruptcy Actions," ALI-ABA Advanced Course of Study: Insurance Coverage in the New Millennium (October 11, 2001). Panelist: Mark D. Plevin.
  • "Environmental Insurance Coverage Litigation," ALI-ABA Course of Study on Environmental Litigation (1994-2000). Speaker: Mark D. Plevin.
  • "Joint Defense Groups in Coverage Litigation," ABA Section of Litigation, Insurance Coverage Litigation Committee Mid-Year Meeting (1998). Speaker: Mark D. Plevin.
  • "Litigating As Part of A Joint Defense Group," Law Education Institute, Civil Litigation Seminar (1998). Speaker: Mark D. Plevin.
  • "Where is the Money When the Policyholder Goes Bust?," ABA Annual Meeting (1997). Speaker: Mark D. Plevin.
  • "Threshold Issues in Coverage Litigation, ABA Section of Litigation," Insurance Coverage Litigation Committee Mid-Year Meeting (1996). Speaker: Mark D. Plevin.


Publications



Client Alerts & Newsletters



In the News

  • Asbestos: A Final Chapter
    April 27, 2007 —

    Chair of Crowell & Moring's Bankruptcy Group Mark D. Plevin is featured in an overview story on asbestos-related liabilities in The Deal

    April 27, 2007 - The Deal
  • Asbestos Removal
    July 1, 2006 —

    Crowell & Moring partner Mark D. Plevin is featured in American Lawyer for his comments on the decline of asbestos case filings since 2003. The article cites Crowell & Moring statistics that show, "bankruptcy filings offer additional evidence that asbestos litigation is no longer the dire threat that defendants claimed." 

    July 1, 2006 – The American Lawyer


Firm News & Announcements

Aug.25.2015 The Best Lawyers in America 2016 Recognizes 39 Crowell & Moring Attorneys
May.19.2015 Chambers USA Ranks 53 Crowell & Moring Attorneys and 20 Leading Practice Areas Among Best in U.S.
Sep.30.2014 Super Lawyers 2014 Recognizes 90 Crowell & Moring Attorneys
Aug.28.2014 The Best Lawyers In America 2015 Recognizes 40 Crowell & Moring Attorneys
May.27.2014 Crowell & Moring's Insurance/Reinsurance Group Nominated for Chambers USA "Award of Excellence"
May.23.2014 Chambers USA Ranks 51 Crowell & Moring Attorneys and 19 Leading Practice Areas Among Best in U.S.
Sep.03.2013 The Best Lawyers In America 2014 Recognizes 41 Crowell & Moring Attorneys
Sep.01.2013 Super Lawyers 2013 Recognizes 64 Crowell & Moring Attorneys
May.24.2013 Chambers USA Ranks 45 Crowell & Moring Attorneys and 19 Leading Practice Areas Among Best in U.S.
Sep.04.2012 The Best Lawyers in America 2013 Recognizes 44 Crowell & Moring Attorneys
Jun.07.2012 Chambers USA Ranks 45 Crowell & Moring Attorneys and 18 Leading Practice Areas Among Best in U.S.
Dec.15.2011 Seven Crowell & Moring Attorneys Included in Washingtonian’s 2011 “Top Lawyers” Issue
Aug.30.2011 The Best Lawyers in America 2012 Recognizes 43 Crowell & Moring Attorneys
Jun.10.2011 Chambers USA Ranks Crowell & Moring Attorneys and Leading Practice Areas Among Best in U.S.
Sep.01.2010 Super Lawyers 2010 Recognizes 36 Crowell & Moring Attorneys
Aug.03.2010 The Best Lawyers in America 2011 Recognizes 44 Crowell & Moring Attorneys
Jun.11.2010 Chambers USA Ranks 42 Crowell & Moring Attorneys and 14 Practice Areas as Among Best In Class
Sep.01.2009 Super Lawyers 2009 Recognizes 39 Crowell & Moring Attorneys
Jun.13.2008 Chambers USA Ranks 33 Crowell & Moring Attorneys and 13 Practice Areas as Among Best In Class
Sep.11.2007 The Best Lawyers in America 2008 Recognizes 34 Crowell & Moring Attorneys
Jun.21.2007 Chambers USA Ranks 28 Crowell & Moring Attorneys and 13 Practice Areas
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