Judge Clark has mediated a variety of disputes across a wide spectrum of law, both while he was a sitting Bankruptcy Judge and since he has left the bench. They include cases involving multiple parties, cases involving cross-border issues, matters involving non-U.S. based parties, and matters requiring familiarity with the legal regimes of other nations. A representative sampling of matters mediated to a successful settlement is described below (necessarily generic to preserve mediation confidentiality):
- A dispute arising from the financing of a power generation facility, with a group of money center lenders, and multiple power cooperatives (and their respective boards) in a western state.
- A dispute arising from the insolvency of a non-profit entity with real estate holdings nationwide, with parties including hedge fund investors, multiple committees, and a number of states’ attorneys’ general.
- A dispute arising from the financing of ocean-going tankers, involving both a non-U.S. debtor and European based lenders.
- A dispute between a power supplier furnishing green energy and a city purchasing that energy.
- A dispute involving drilling partnerships invested in horizontal drilling ventures.
- A dispute involving technology licensed in multiple nations, with entities in Canada and Australia involved.
- A multi-party dispute involving wind power generation.
He has also served as an expert in a number of insolvency matters since having left the bench, including a matter involving a large investment fund with proceedings pending in the Cayman Islands, a matter involving a manufacturer in a reorganization proceeding in Korea, and a matter involving a multi-national telecommunications company with proceedings pending in the U.S., the U.K., and Canada.
Judge Clark continues to provide consultation and advisory services to the International Monetary Fund and the World Bank involving the improvement and modernization of insolvency systems. He also continues an active role as a non-governmental organization representative to Working Group V of UNCITRAL.