Harris Eisenstein - Partner

Harris Eisenstein

Harris W. Eisenstein joined RMG’s litigation department in August 2011.  His practice includes a wide range of civil matters in both state and federal court, with an emphasis on commercial litigation as well as bankruptcy and creditors’ rights litigation.

Harris represents individuals and corporate clients in all aspects of commercial litigation.  He has successfully resolved complex contract, real estate, fraud, corporate, condemnation and other civil disputes in mediation and arbitration, on dispositive motions and at trial.  Harris helps clients navigate the complexities of litigation and keeps them well-informed throughout each phase of the case.

In his bankruptcy and creditors’ rights practice, Harris represents banks, financial institutions and commercial lenders in all phases of the workout and debt restructuring process, including negotiating and documenting debt agreements, litigation, real estate foreclosure sales, sales pursuant to the Uniform Commercial Code, judgment enforcement and general debt recovery.  He also represents creditors in Chapter 7, 11, and 13 bankruptcy cases, including relief from the automatic stay, enforcement of rights to cash collateral and adequate protection, defense of preference and other avoidance claims and prosecution of non-dischargeability complaints.

Previously, Harris was a Regulatory Counsel at the United States Food & Drug Administration’s Center for Tobacco Products.

Education

  • University of Baltimore School of Law, J.D. (2010)
  • University of Maryland, B.S. (2007)

Bar admissions

  • Maryland
  • Pennsylvania
  • U.S. District Court, District of Maryland
  • U.S. Bankruptcy Court, District of Maryland

The Latest from the Knowledge Center...

Fourth Circuit Allows Unsecured Creditors to Assert Claims for Attorneys’ Fees In Bankruptcy Cases

February 13, 2019

Lawyers who represent debtors in bankruptcy cases, supported by rulings from many bankruptcy judges, have long taken the position that creditors with unsecured claims whose agreements with their debtors provide for payment of the creditors’ enforcement expenses, including attorneys’ fees, are not entitled to assert claims for such expenses in bankruptcy cases.  This view has…

Opportunity Zones: The Good, the Bad, and the Yet to be Defined

January 17, 2019

Date: January 17, 2019 | Authors: Brandon N. Mourges, Michael J. March The Tax Cuts and Jobs Act (“TCJA”) provided the most comprehensive update to the tax code in over two decades. Of the many changes the TCJA provided, Sections 1400Z-1 and 1400Z-2 of the IRC are of the most heavily discussed and analyzed by taxpayers and tax practitioners.…

The ABL Collision Course

July 12, 2018

Commercial lenders that originate asset-based lending (“ABL”) credit facilities are finding themselves in an increasingly competitive market. Large national banks grab the bulk of the multi-million dollar ABL credit line business. Lightly regulated non-bank ABLs serve smaller markets with loan facilities ranging from $3 million to $30 million. Community and regional banks seek to hold…

Lender Compliance with New Customer Due Diligence Rules

July 12, 2018

Lenders should have completed implementation of procedures for compliance with new regulations that become effective on May 11, 2018, informally known as the “Know Your Customer” requirements. Those regulations focus primarily on identifying the beneficial ownership of financial institution accounts. Lenders should not let those beneficial ownership regulations overshadow the new customer due diligence (CDD)…

Seventh Circuit Affirms Dismissal of Student Athletes’ Suit Seeking Federal Minimum Wage, But Concurrence Leaves Room For a Different Result in Future Cases

July 11, 2018

On December 5, 2016, the federal Seventh Circuit Court of Appeals affirmed a trial court’s dismissal of a suit brought by two former members of the University of Pennsylvania’s (“Penn”) women’s track and field team.[1]  The student athletes sued Penn, the NCAA, and more than 120 other NCAA Division I colleges and universities.  The theory…

Oh What A Difference A Day Makes: Ninth Circuit Bankruptcy Appellate Panel Holds That Check Written Before Bankruptcy Filing, But Honored After Bankruptcy Is Post-Petition Transfer

April 19, 2018

“Transfers,” and when they occur, are important under the Bankruptcy Code for a number of reasons.  Trustees may recover as a “preference” any “transfer…to of for the benefit of a creditor…for or on account of an antecedent debt…made within 90 days before the date of the filing of the petition…that enables such creditor to receive…

Supreme Court Patent Case Could Affect Bankruptcy Court Authority

February 28, 2018

The bankruptcy system is facing a potential upheaval from an unlikely front: a patent dispute. The U.S. Supreme Court has heard oral arguments and is now considering the case Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, and its separation of powers issues could have a drastic effect on the operation of American…

Snapshot of the New Federal Bankruptcy Rules

February 28, 2018

In April 2017, the U.S. Supreme Court gave Congress a number of proposed amendments to the Federal Rules of Bankruptcy Procedure (FRBP). Congress approved those amendments, and they became effective on December 1, 2017. Some of the advantages in the new amendments go to consumers who declare bankruptcy in Federal Court. The lending and banking…

Merit Management Group, LP v. FTI Consulting, Inc.: A Unanimous Supreme Court Opinion Leaves Unanswered Questions

February 28, 2018

On February 27, 2018, the United States Supreme Court issued its opinion in Merit Management Group, LP v. FTI Consulting, Inc. to resolve conflicting Circuit Court interpretations of Bankruptcy Code Section 546(e).  Although the Merit opinion is unanimous and appears straightforward on first reading, fertile grounds for future litigation remain. Section 546(e) is commonly referred…

Live By The Choice of Law Provision, Die By The Choice of Law Provision

January 4, 2018

Many parties, particularly large companies operating in multiple states, include provisions in their standard contract forms specifying that the law of a particular state governs the transaction.  The choice of applicable law is generally law with which the company is familiar, such as the law of the state where its headquarters is located, or law…