About Marbury

Marbury's practice involves representation of public companies and their officers and boards in connection with corporate governance matters and securities litigation, representation of health care clients in antitrust matters and medical staff disputes, antitrust litigation and representation of clients in a broad range of commercial litigation and bankruptcy matters.  He has a wide range of litigation experience including class actions, derivative suits, RICO claims, government (SEC, FTC and Department of Justice) investigations, arbitration and mediation.  He has litigated cases involving, among other things, mergers, joint ventures, accounting restatements, accounting malpractice, breach of fiduciary duty, employment disputes and restrictive covenants, fraud, misappropriation of corporate opportunities, misappropriation of trade secrets, insurance coverage issues, and disputes involving breach of contract and commercial torts.

Professional and Civic Involvement

  • Serves as the Firm's General Counsel
  • Serves on the Firm's Recruiting Committee
  • Judicial Campaign Conduct Committee for the Atlanta Bar Association
  • Kiwanis Club of Atlanta
  • Past President, Harvard Law School Association of Georgia
  • President's Cabinet, University of Alabama, Vice-Chair (2009 - )
  • Past member, Capital Campaign Steering Committee, University of Alabama and past vice president of National Alumni Association
  • Board, Atlanta Community Ministries
  • Former Deacon Chair, Second Ponce de Leon Baptist Church
  • State Bar of Georgia
  • American Bar Association (Member, Sections on Litigation and Antitrust Law)
  • Atlanta Bar Association
  • Former Director, Meritas Law Firms Worldwide
  • Merit Key Recipient, Sigma Alpha Epsilon, University of Alabama
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Honors

  • Recognized as a leading Commercial Litigation practitioner by The Best Lawyers in America
  • Selected as one of Georgia's "Super Lawyers" by Law & Politics and Atlanta Magazine (2005-present)

Representative Engagements

  • Represent international manufacturers of optical fiber in trade secret litigation.
  • Represent buyers and sellers in actions against sellers of merged or acquired companies for breach of representations and warranties.
  • Represent public company in insurance coverage litigation against D&O insurance company.
  • Consult with management and board of a public company regarding malpractice action against outside auditors as a result of restatement.
  • Represent agricultural chemical supplier in antitrust action against a larger competitor for monopolization arising out of private branding, patent issues and full-line forcing.
  • Represent bankrupt public company in action against merger partner for breach of fiduciary duties and breach of contract and defended counterclaim for securities fraud based on revenue recognition and other financial statement issues.
  • Represent bankrupt public company in action by D&O insurer to collect retainage following settlement of securities fraud claims.
  • Represent banks in a wide-range of actions against debtors and borrowers and in defending actions involving allegations of breaches of duties and fraudulent conveyances.
  • Represent outside directors of public company in securities class actions and state and federal derivative actions.
  • Represent closely held corporation and management in connection with law suit between former owners and venture capital firms/majority shareholders over the terms of the venture capital investment agreement.
  • Represent former non-executive chairman of public company in securities fraud, derivative and D&O insurance rescission actions.
  • Represent former CFO of public company in stock option back dating investigation and related litigation.
  • Represent public company and its board in connection with implementation of Sarbanes-Oxley compliance requirements.
  • Represent former CEO of closely held corporation in connection with allegations of breach of fiduciary duty by minority shareholders.
  • Represent insurance agency in actions by customer alleging breach of fiduciary duty in policy selection.
  • Represent partners in major accounting firm in action brought by former firm alleging breach of restrictive covenants and breach of fiduciary duty.
  • Represent former Chairman and CEO of a public company in securities fraud class actions, state and federal derivative actions, SEC enforcement action and D&O insurance rescission actions.
  • Represent NFL player agent and agency in action brought by former employer for breach of fiduciary duty and for commissions earned on player contracts.
  • Represent minority shareholder of a large closely held corporation in action against majority shareholder for breach of fiduciary duty and misappropriation of corporate assets.
  • Represent pension fund in malpractice claim against former actuary.
  • Represent public company in actions against former CEO for breach of duties to corporation and in pursuit of fraudulently transferred assets.
  • Advise numerous hospitals regarding antitrust issues in connection with mergers and various joint ventures.
  • Represent public hospitals in physician staff privileges actions.
  • Represent senior vice president of marketing of publicly held corporation in SEC and United States attorney investigations and civil actions arising out of a financial restatement over revenue recognition issues.
  • Represent insurance agency in action alleging fraud and RICO violations in sale of insurance products.
  • Represent real estate developers in dispute with partners and investors.
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Publications and Presentations

  • Fraudulent Conveyances - Author: Chapter in Georgia Jurisprudence, W. Group, Vol. XIV, 1998
  • Recovery of Lost Profit Damages for Business Interruption or Destruction - Author: 28 Georgia State Bar Journal 63, 1991
  • The State Action Doctrine and the Local Government Antitrust Act: The Restructured Public Hospital Model - Coauthor: American Journal of Law & Medicine, Vol. XIV, Nos. 2 and 3, 1988
 
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