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    Global Problem Solving from Covington: Deal with Complex Problems Anywhere in the World

    • Apr 08, 2021

Mark Gimbel

Partner

New York +1 212 841 1161

  • About
  • Representative Matters
  • Credentials
  • About

    Mark Gimbel is a litigation partner based in New York and a co-chair of the firm’s Commercial Litigation Practice Group. His practice focuses on complex business litigation, including securities and shareholder derivative litigation, transactional disputes, corporate governance matters, and other complex commercial cases. Mark has tried cases in state and federal court and before various arbitral tribunals.

    Areas of Expertise

  • Practices and Industries
  • Representative Matters
    • Representation of Uber in obtaining the dismissal of a shareholder derivative action seeking over $1 billion in damages from current and former officers and directors based on allegations that they breached fiduciary obligations in connection with Uber's acquisition of self-driving car company Ottomotto LLC.
    • Representation of issuers including Braskem, Illumina, and Resource Capital in securities class actions.
    • Representation of current and former officers and directors of companies including Illumina, Penn West Petroleum Ltd., and SandRidge Energy, in shareholder litigation, including securities class actions and shareholder derivative cases.
    • Representation of underwriters including UBS, Jefferies, and Cantor Fitzgerald in securities litigation.
    • Representation of a Global 50 bank and its US subsidiary in disputes concerning assets frozen pursuant to US sanctions regulations.

    • Representation of targets and acquirers and their officers and directors in merger litigation, including shareholder litigation arising from the acquisition of:
      • Kythera Pharmaceuticals (representation of acquirer Allergan);
      • Atlas Pipeline Partners, L.P. (representation of the Special Committee of target);
      • Furiex Pharmaceuticals (representation of acquirer Forest Laboratories);
      • Clinical Data (representation of acquirer Forest Laboratories);
      • Del Monte Corporation (representation of target);
      • Ardea Biosciences (representation of acquirer AstraZeneca); and
      • Arena Resources, Inc. (representation of acquirer SandRidge Energy).
    • Representation of purchasers and sellers including United Natural Foods, Inc. and Regions Financial Corporation in post-closing disputes arising out of mergers and acquisitions.
    • Representation of JP Morgan Chase Bank in defending claims arising from Bank One’s role as indenture trustee and placement agent for $2 billion in asset backed securities issued by National Century Financial Enterprises, a health care securitization business that collapsed amid allegations of fraud.
    • Representation of KeySpan Corporation in winning a month-long jury trial over coverage for environmental liabilities.
    • Representation of a luxury real estate marketing company in a lending dispute with a hedge fund investor.
    • Representation of a biotechnology company in connection with internal and government investigations into options dating practices.
    • Representation of a Russian language television network in a dispute with EchoStar over a satellite television programming contract.
    • Representation of a nationally syndicated talk show host and television production companies in a landmark “talk show tort” lawsuit.
    • Representation of a leading entertainment law firm in a dispute with former shareholders.
    • Representation of Société Générale in a dispute arising from its acquisition of Cowen & Co.
    • Representation of a former top executive in a compensation dispute with a leading investment bank.

    Areas of Expertise

  • Credentials
    Education
    • Stanford Law School, J.D., 1998
        • with distinction
        • Stanford Law Review, Associate Editor
    • Yale University, B.A., 1993
        • with distinction
    Bar Admissions
    • New York
    • U.S. Supreme Court
    • U.S. Court of Appeals for the Second Circuit
    • U.S. Court of Appeals for the Fifth Circuit
    • U.S. Court of Appeals for the Tenth Circuit
    • U.S. District Court, Eastern District of New York
    • U.S. District Court, Southern District of New York
    • U.S. District Court, Northern District of Illinois
    Judicial
    • Hon. Jed S. Rakoff, U.S. District Court, Southern District of New York, 1998 - 1999
    Pro Bono
    • Representation of a large non-profit organization in a pro bono internal investigation.
    • Representation of asylum applicants in administrative and appellate proceedings.
    Accolades
    • Legal 500 US, Securities Litigation (2013-2017)
    • Euromoney, Benchmark: Expert Guide to America’s Leading Litigation Firms and Attorneys, Litigation Star, NY (2013-2014)

    Areas of Expertise

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