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Gregory A. Markel
Gregory Markel is the Co-Chair of Cadwalader's Litigation Department and a member of the firm's Management Committee. Greg has extensive experience and expertise in securities litigation, including class action defense, derivative actions, and private securities litigation; complex contract; corporate governance; corporate control; director and officer liability; RICO; antitrust; accountants defense; insurance coverage; and banking litigation. He also has many years of experience representing accounting firms and the AICPA.
He has been consistently recognized as a leading national trial attorney by numerous publications. He has been included in the following:
- Lawyer of the Year for 2013 in the area of Litigation - Mergers and Acquisitions, Best Lawyers in America
- Top 100 Lawyers in New York, New York SuperLawyers (2012, 2011, 2010)
- Chambers USA Tier 1 for Securities Litigation Defense Attorneys
- LawDragon.com as one of the 500 Leading Lawyers in America (2005, 2006, 2007, 2008, 2009, 2010, 2011), one of the 500 Leading Litigators in America (2006, 2007, 2008, 2009, 2010, 2011), and one of the 100 Securities Litigators You Need to Know (2008, 2009, 2010, 2011)
- Benchmark Litigation Leading Commercial Litigators (2007, 2008, 2009, 2010, 2011, 2012, 2013), Litigation Star
- "The Best Lawyers in America," as one of the top litigators for Commercial Litigation
- Legal 500 Leading Commercial Litigators in the United States
- "Best in Class" in the legal profession by BestofUS.com
- The International Who's Who of Commercial Litigators
- The International Who's Who of Business Lawyers
- Who's Who of American Law
- Who's Who in the United States
- Best Lawyers in New York
- New York Super Lawyers - Manhattan edition
- 2007 Burton Award for Legal Achievement
Greg has played a lead role in significant litigation relating to Bear Stearns, Pfizer, Enron, WorldCom, Tyco, Adelphia, IPO Allocation, Martha Stewart, AIG, Bally, and many other major litigations.
He is frequently called on to be a commentator on legal issues for the Wall Street Journal, The Financial Times, CNBC, Bloomberg TV, Bloomberg Radio, The New York Times, Time, Newsweek, The Daily and the Associated Press. Greg also frequently speaks to the press and others on the following subjects: Securities Law, Commercial Litigation, Commercial Litigation, Accountants' Defense, Director's & Officer's Liability, Law Firm Management, and Internet Litigation.
Greg earned his J.D. from Yale Law School in 1972, his M.B.A. in Finance and Accounting from the University of Michigan in 1968, and his B.A. in Economics from Columbia College in 1967.
He is a member of the Litigation and Antitrust sections of the American Bar Association; the Federal Bar Council; the City Bar Committee on Securities Litigation; the Securities Industry Association - Compliance & Legal Division; the New York State Bar Association, Commercial Litigation Section, is a Fellow of the New York Bar Foundation and is a member of the Board of Directors of the Legal Aid Society.
Publications and Speeches
- “Jury Research, Mock Juries, and Shadow Juries,” Magna Legal Conference, January 2013
- "Ethics Issues in Internal Investigations," 2012 Energy & Commodities Conference, October 2012
- Seminar: "Civil Appeals and Argument," New York State Bar Association, October 2012
- "Predictive Coding: Another Tool to Address the Costs of E-Discovery," New York Law Journal, May 25, 2012
- Author of Chapter on Internal Investigations, in multi-volume treatise, "Business and Commercial Litigation in Federal Courts" 2012
- Author of Chapter on Derivative Litigation, in multi-volume treatise, "Commercial Litigation in New York State Courts" 2011
- "Class Certification Under Attack," New York Law Journal Litigation Section, December 12, 2011
- "The Value of Mediation in Securities Actions Settlement Discussions," Securities Litigation & Enforcement: Current Developments & Strategies, New York City Bar 2011
- New York Roundtable: Corporate Governance, Institutional Investor Education Foundation, December 9, 2011
- City Bar's Securities Litigation Program, December 6, 2011
- "Trial by Jury," PLI, November, 2011
- "Trial by Jury," PLI, December 1, 2010
- "Trial by Jury," PLI, December 2, 2009
- "Trial by Jury," PLI, September 12, 2008
- "Lower Courts Divided on Standard for Pleading Loss Causation Post-'Dura'," New York Law Journal, March 31, 2011
- Securities Litigation During the Credit Crisis: Current Developments & Strategies, Panel: "Settlement Trends and Tactics," New York City Bar, December 9, 2010
- "Class Action Litigation Strategies 2010," PLI, July 2010
- "Core Operations' Doctrine May Undermine PSLRA," New York Law Journal, April 29, 2010
- "Enforcement Procedures and Rules in the U.S. Courts," New York Law Journal, April 12, 2010
- "Securities Litigation," PLUS D&O Symposium, February 3, 2010
- "Settlement Trends and Tactics," New York City Bar, December 8, 2009
- "Failure of Oversight Claims Bar Still High," New York Law Journal, November 30, 2009
- Use of Confidential Witnesses in Securities Litigation, New York City Bar, June 2009
- "Litigating Claims Related to Credit Default Swaps," American Conference Institute Advanced Forum on Securities Litigation, May 13, 2009
- 41st Annual Institute on Securities Regulation, 2009, Securities Litigation Panel
- 40th Annual Institute on Securities Regulation, 2008, Securities Litigation Panel
- 39th Annual Institute on Securities Regulation, 2007, Securities Litigation Panel
- 38th Annual Institute on Securities Regulation, 2006, Securities Litigation Panel
- 37th Annual Institute on Securities Regulation, 2005, Securities Litigation Panel
- 36th Annual Institute on Securities Regulation, 2004, Securities Litigation Panel
- 35th Annual Institute on Securities Regulation, 2003, Securities Litigation Panel
- 34th Annual Institute on Securities Regulation, 2002, Securities Litigation Panel
- 33rd Annual Institute on Securities Regulation, 2001, Securities Litigation Panel
- 32nd Annual Institute on Securities Regulation, 2000, Securities Litigation Panel
- 31st Annual Institute on Securities Regulation, 1999, Securities Litigation Panel
- "How to Reduce Corporate Litigation Costs and Still Win Your Case," New York City Bar Association, October 30, 2008
- "Credit Crisis Effects on the U.S. Economy," AIG's 21st Annual Stowe, Vermont Conference, September 9, 2008
- "Current Trends in Financial Regulation and Enforcement," Mealey's Emerging Securities Litigation, August 2008
- "Current Issues in D&O Liability & Insurance," New York City Bar, June 6, 2008
- "Complex Litigation: Sometimes, the Witness is a Cipher," National Law Journal, April 2008
- "Parallel Proceedings in Securities Cases 2008, " PLI, January 2008
- "Attorney-Client Privilege for the In-House Lawyer, " PLI, December 2007
- "The Mediation of Securities Class Actions," JAMS, September 25, 2007
- "Legal Developments in Directors & Officers Insurance," Association of the Bar of the City of New York, June 2007
- "Imperfect Scheme," The Deal, June 18, 2007
- "When Can Financial Institutions Be Liable for Federal Securities Fraud in Connection With Securities Issued by Others: The Uncertain State of the Law, " International Journal of Disclosure and Governance, Vol. 4, No. 2 (Palgrave Macmillan May 2007)
- "Don't Blame the Culprit's Bank," Legal Times, April 30, 2007
- "Defending Claims Against Underwriters of Asset-Backed Securities: The Due Diligence Defense," Andrews Litigation Reporter: Securities Litigation & Regulation, December 2006
- "In re Charter Communications, Inc. Securities Litigation and Simpson v. AOL Time Warner Inc.: Circuits Split Over the Validity of 'Scheme' Liability Under Section 10(b)," Securities Regulation Law Journal, Winter 2006
- West Legalworks' Litigation and Resolution of Complex Class Actions, panel on "Defending Accountants and Attorneys under the Securities Laws," November 29, 2006
- "The Due Diligence Defense for Underwriters of Asset-Backed Securities," Andrews Litigation Reporter: Derivatives, November 2006
- "Primary Violators, Aiders and Abettors and Manipulative Schemes Under Section 10(b) of the Securities Exchange Act of 1934," PLI's Managing Complex Litigation Course Handbook, November 2006
- "10b-5 'Scheme' Liability," The National Law Journal, November 13, 2006
- "The Evolution of 'Scheme' Liability Under Section 10(b)", PLI's 38th Annual Institute on Securities Regulation Course Handbook (Vol. 2), November 2006
- PLI's Managing Complex Litigation 2006, panel on "Overlapping Civil Litigation and Regulatory Investigations: Just When You Thought it Couldn't Get Worse . . ." November 2006
- "Recent Developments in Delaware Case Law," International Journal of Disclosure and Governance (Vol. 3.3), September 2006
- "Business Judgment and Delaware Boards." Portions of this article first appeared in the New York City Bar's Course Handbook on Current Issues in D&O Liability & Insurance 2006
- "D&O Mediations: A Method to the Madness," The New York City Bar, 2006
- "Help or Hindrance? CAFA's Effect on Corporate Defendants' Litigation Strategy is Not So Clear," GC New York, February 13, 2006
- "Enron on Trial" panel discussion, Forbes.com Video Network, January 2006
- "New Trends in SEC Investigations and Class-Action Litigation," The SEC Institute's 21st Annual National SEC Reporting Conference, New York, December 19, 2005
- "Appealing Class Certification Orders," New York Law Journal, October 11, 2005
- "Dura Pharmaceuticals." National Law Journal, August 8, 2005
- "The Aftermath of Dura Pharmaceuticals v. Broudo," article published by New York State Bar Association, June 2005
- "D&O Liability & Insurance 2005," Association of the Bar of the City of New York, June, 2005
- "Recent Developments in Shareholder Litigation & Related Government Enforcement Initiatives," New York State Bar Association, June 2005
- "The High Price of Misconduct," Risk & Insurance, March 2005
- 2005 D&O Market Trends Seminar Series, February 2005
- Financial Institution's Liability Developments, Bermuda, September 2005
- D&O Liability Developments, Bermuda, September 2005
- Litigation Leadership Roundtable, August 2005
- "Pleading Loss Causation in Securities Litigation," New York Law Journal, October 18, 2004
- Commentary and Instruction to Various Banks and Investment Banks on the Interagency Statement on Sound Practices Concerning Complex Structured Finance Activities, July and August 2004
- Financial Institution's Liability Developments, Bermuda, June 2004
- D&O Liability Developments, Bermuda, June 2004
- "The New Era of Litigation Against Financial Institutions," Association of the Bar of the City of New York, June 2004
- "A Sarbanes-Oxley Update," Association of the Bar of the City of New York, June 2004
- "The Financial Institution Crisis: An In depth Look," PLUS D&O Conference, February 2004
- "Litigating A Class Action Case, What Every Litigator Needs to Know," NYSBA, January 2004
- "Litigating the Financial Fraud Case," NYSBA, January 2003
- "Litigation and Resolution of Complex Class Actions," December 2002
- Speech to Professional Liability Insurers on IPO Allocation Cases, September 2001
- "OnLine Securities Trading Litigation," November 2000
- "The PSLRA After Silicon Graphics," The Review of Securities & Commodities Regulation, November 24, 1999
- "Internet Litigation and How to Avoid It," New York Law Journal, May 24, 1999
- "How to Settle a Class Action," PLI, July 1998
- "Directors Duties and Responsibility," Directors Roundtable
- "Liability of Accountants for Fraud," Pennsylvania Certified Public Accountants
- Numerous speeches on disclosure issues, including Regulation FD
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