Marc Falcone

A partner in the Litigation Department, Marc Falcone’s practice primarily involves disputes concerning complex commercial contracts, securities fraud, creditor’s rights, advertising and commercial speech, and employment litigation. His broad experience includes civil trials, bankruptcy litigation, international arbitration, mediation, appellate argument and complex settlement negotiations. He has extensive experience in class action litigation.

Experience

Marc has represented U.S. and overseas clients in the United Kingdom and Asia, including companies, financial institutions and private investment funds in a wide range of matters concerning the private equity fund management, telecommunications, financial services, Internet, business software, advertising, tobacco and supermarket industries. His matters have concerned a variety of financial transactions, and he has particular experience with issues related to the communications business and technology, including telephony, communications satellites, digital broadcasting and media audience measurement.

Some of Marc's significant matters are:

• Defense of Bank of America in litigation arising from its acquisition of Merrill Lynch in 2008.
• Representation of private equity fund managers in arbitration concerning carried interest compensation.
• Representation of an energy company in Delaware litigation concerning massive exposure to complex environmental indemnification liabilities. We obtained summary judgment on the main claims and recovered $5 million in legal fees through mediation.
• Defense of a major financial institution in bankruptcy litigation of claims arising from termination of an agreement to purchase equity as part of Delphi's plan of reorganization.
• Defense of a major financial institution in connection with claims of breach of fiduciary duty and breach of contract arising from an IPO underwriting engagement. We obtained summary judgment on the claims.
• Defense of a major financial institution in numerous matters arising from the New York Attorney General's investigation of alleged research analyst conflicts of interest.
• Defense of several secured lenders in connection with an adversary proceeding challenging their priority and their security interests in the assets of a debtor's estate.
• Defense of a U.K. telecom company in connection with state law claims for aiding and abetting a major accounting fraud.
• Defense of a private equity investor in connection with breach of contract, breach of fiduciary duty, and "deepening insolvency" claims arising from the bankruptcy of a portfolio company.
• Defense of a U.S. provider of business communications services in connection with claims of tortious interference with an employment contract and misappropriation of trade secrets.
• Representation of an investment fund in connection with claims against the former fund manager for breach of contract and fiduciary duty.
• Representation of a telecommunications satellite operator with respect to claims against a major aerospace contractor arising from a contract for construction and delivery of a satellite. We reached a lucrative agreement with the contractor after an innovative dispute-resolution process and avoided litigation.
• Defense of a tobacco company against claims brought by a state attorney general concerning commercial speech.
• Defense of a major media research firm in connection with claims of trade libel and discrimination against minorities.
• Representation of the purchaser of a $40 million private jet in litigation of pricing dispute.

Marc served as Executive Editor of The University of Chicago Law Review.

Marc serves on the Board of Directors of the Urban Justice Center, a pro bono legal services organization in New York City, and he has represented numerous indigent clients in pro bono matters.

Practices

• Litigation
• Employment
• International Arbitration
• M&A Litigation
• Securities Litigation
  

Education

• J.D, University of Chicago Law School, 1993
  cum laude
• B.A., Columbia University, 1980

Clerkships

• Hon. Douglas H. Ginsburg, District of Columbia Court of Appeals
• Hon. James B. Zagel, U.S. District Court, Northern District of Illinois

Bar Admissions

• New York

See Library Tab for articles, publications and presentations by Marc Falcone