Marc Rosen practices corporate and commercial litigation in the state and federal courts as well as before arbitration tribunals and regulatory agencies. Marc primarily represents private investment funds and their advisors and principals with an emphasis on prosecuting and defending complex business disputes; enforcing financial instruments; protecting the rights of stockholders in mergers and acquisitions litigation and corporate control contests; responding to regulatory subpoenas and investigations by the SEC, FINRA and the Department of Justice; advising investment funds owning debt of troubled companies, such as Enron Corporation, Lehman Brothers and Visteon Corporation; representing purchasers of distressed securities in bankruptcy litigation; and advising clients with respect to risk management and litigation avoidance issues.
Marc’s litigation experience includes:
• Enforcing investors’ contractual rights against an issuer for its refusal to convert preferred stock into common stock, to redeem those securities or otherwise to comply with its obligations under the parties’ agreements.
• Defending a class action shareholders' litigation alleging breach of fiduciary duty and related claims in connection with a “going private” merger.
• Representing acquirers of distressed bank debt in a fraud action against certain banks for their role in the collapse of Enron Corporation.
• Prosecuting claims against a company for its failure to honor investors’ exercise of warrants and their rights under the parties’ subscription agreement, and for failing to file a registration statement.
• Defending a hedge fund and its management company in multiple arbitrations brought by investors alleging breach of fiduciary duty, conversion and other business torts.
• Representing secured lenders in an action to enjoin a tender offer impairing their rights under a credit agreement and intercreditor agreement.
BAR ADMISSION:
1999, New York; U.S. District Court, Southern and Eastern Districts of New York
2000, New Jersey, District of Columbia, U.S. District Court, District of New Jersey
EDUCATION:
Yeshiva University, Benjamin N. Cardozo School of Law (J.D., 1998)
Senior Articles Editor, Cardozo Journal of International and Comparative Law
University of Michigan at Ann Arbor (B.A., 1995)
PUBLICATIONS:
"The Alien Tort Claims Act and the Foreign Sovereign Immunities Act: A Policy Solution," 6 Cardozo J. Int'l & Comp. L. 461 (1998)
