Marbury Rainer is an accomplished litigator with extensive experience representing public and private companies and their officers and boards. Throughout his 40+ year career Marbury has guided his corporate clients through all manner of litigation, investigations, and governance matters. His gravitas and deep knowledge of corporate law enables him to provide excellent representation to his clients.
Representing public and private companies and those who manage and oversee them, Marbury works on a wide range of corporate governance matters and securities litigation, including disputes over M&A, accounting restatements, breach of fiduciary duty, fraud, trade secrets, insurance coverage, real estate transactions, and breach of contract. He also regularly represents healthcare clients in antitrust matters and medical staff disputes. Marbury’s extensive litigation experience includes class actions, derivative suits, and federal government investigations. Marbury also serves as the firm’s General Counsel and is often called upon as an expert witness on corporate governance issues and standards of care involving claims against attorneys and law firms.
Marbury is fiercely committed to defending his clients and removing obstacles to the achievement of their corporate objectives. His diverse experience with corporate issues and claims helps him to chart the path to the most effective resolution. And with his proactive style of communication, Marbury creates the optimal environment for his clients to successfully resolve their matters and get back to business.
Represented a major regional healthcare client in obtaining insurance coverage for a claim against the client arising out of a business dispute. The liability carrier originally denied coverage, but the Firm was able to persuade the carrier to change its position.
Represented an industrial company as special insurance counsel in challenging the denial of coverage for claims in a law suit against the client brought by a competitor for tortious interference and other claims arising from the client’s hiring of employees. The Firm brought suit against the carrier and ultimately was able to convince the carrier to acknowledge coverage and pay the client’s significant defense costs.
Successfully represented an aviation client in a suit against it for damages. The contested insurance issue was whether the client had coverage as an additional insured under another party’s liability policy.
Frequently consult with clients about coverage issues under general liability and director and officer insurance policies and advises clients about making claims under existing coverage.
Represented international wine broker in action involving alleged sale of counterfeit wines and fraud claim.
Represented public company in action against former Senior V.P. for breach of fiduciary duty for conflicting interest transaction.
Served as Expert Witness on issues of ethics and standards of care in attorney malpractice actions and motions for attorneys' fees for alleged frivolous claims.
Represented major shareholder in dispute with majority shareholder following a merger, alleging breaches of fiduciary duty and improper valuation of client's interest.
Represented officers and directors of private and public companies in derivative actions and actions by bankruptcy trustees alleging breach of duties owed to the companies and creditors.
Represented international manufacturer of optical fiber in trade secret litigation.
Represented buyers and sellers in actions against sellers of merged or acquired companies for breach of representations and warranties.
Represented public company in insurance coverage litigation against D&O insurance company.
Consulted with management and board of a public company regarding malpractice action against outside auditors as a result of restatement.
Represented 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 banks in a wide-range of actions against debtors and borrowers and in defending actions involving allegations of breaches of duties and fraudulent conveyances.
Represented outside directors of public companies in securities class actions and state and federal derivative actions.
Represented 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.
Represented former non-executive chairman of public company in securities fraud, derivative and D&O insurance rescission actions.
Represented former CFO of public company in stock option back dating investigation and related litigation.
Represent former CEO of closely held corporation in connection with allegations of breach of fiduciary duty by minority shareholders.
Represented partners in major accounting firm in action brought by former firm alleging breach of restrictive covenants and breach of fiduciary duty.
Represent NFL player agent and agency in action brought by former employer for breach of fiduciary duty and for commissions earned on player contracts.
Advise numerous hospitals regarding antitrust issues in connection with mergers and various joint ventures.
Represented 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.
Harvard Law School Association of Georgia, Past President
University of Alabama President's Cabinet, Member, 1998 - Present, Chair, 2012 - 2016; University of Alabama Capital Campaign Steering Committee; Former National Vice President, National Alumni Association
Orchard Ministries, Board Chair
State Bar of Georgia
American Bar Association, Member, Sections on Litigation, Business Law and Antitrust Law
Atlanta Bar Association
Meritas Law Firms Worldwide, Former Director
Merit Key Recipient, Sigma Alpha Epsilon Fraternity, Atlanta Alumni Board
Kiwanis Club of Atlanta, 1991 - Present, Vice President 2019 - Present; Secretary 2018-2019; Director 2017 – 2018
Atlanta Botanical Gardens, Magnolia Circle
Peachtree Presbyterian Church, Adult Sunday School Teacher
Lecturer, Annual seminar entitled "Lessons in Leadership," Terry School of Business, University of Georgia, 2007-2017