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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. Mr. Gimbel has tried cases in state and federal court and before various arbitral tribunals.
- 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.
Pro Bono
- Representation of a large non-profit organization in a pro bono internal investigation.
- Representation of asylum applicants in administrative and appellate proceedings.
March 30, 2020, Covington Alert
Since the last financial crisis, the commercial real estate industry has accumulated vast amounts of debt. By one account, there is currently more than $3.6 trillion in mortgage debt secured by commercial and multi-family residential properties. Much of this debt is held by real estate investment trusts (“REITs”), in the form of commercial mortgage-backed ...
March 19, 2020, Covington Alert
On March 18, 2020, in Salzberg v. Sciabacucchi, No. 346, 2019 (Del. Mar. 18, 2020), the Delaware Supreme Court held that corporate charter provisions that require claims under the Securities Act of 1933 (the “Securities Act”) to be filed in federal court are facially valid. The decision may enable Delaware corporations who adopt such provisions to avoid the ...
January 13, 2020, Law360
Law360 covered Covington’s win for Uber in the Delaware Supreme Court, where the firm obtained a decision affirming dismissal of a complaint seeking over $1 billion in damages from current and former officers and directors. Mark Gimbel led the Covington team, which included Will Phillips and Bryant Pulsipher.
The National Law Journal - General Litigation Winner
June 3, 2019, The National Law Journal
Chancery Tosses Derivative Suit Over Uber-Ottomotto Deal
April 1, 2019, Law360
We secured an important win for Uber in a case involving an investor’s derivative lawsuit.
July 26, 2018, Bloomberg Law
Mark Gimbel is quoted in a Bloomberg Law story concerning a report by Cornerstone Research and the Stanford Law School Securities Class Action Overall Clearinghouse identifying a shift in merger-related litigation from state to federal court. In the article, Mr. Gimbel also comments on other securities litigation trends, including a possible uptick in Securities ...
Five Firms Going Above and Beyond on Pro Bono
May 8, 2018, The AmLaw Litigation Daily
The AmLaw Litigation Daily highlights Covington’s work alongside the ACLU, the Southern Poverty Center, and prisoners’ rights litigator, Elizabeth Alexander, regarding a class action that was filed in the Southern District of Mississippi on behalf of the East Mississippi Correctional Facility’s prisoners, 80 percent of whom are mentally ill. “Prisoners suffer ...
April 3, 2018, Law360
Law360 highlights a decision by U.S. District Judge Louis L. Stanton who stated that a proposed class of Resource Capital Corp. shareholders could not pursue a suit on behalf of the real estate investment trust without the board of directors’ approval. Mark Gimbel, who represents the board and officers, said, “We are pleased with the court’s decision, which ...
June 13, 2016, Covington Alert
December 8, 2015
NEW YORK, December 8, 2015 - Covington represented Ascension, the nation’s leading Catholic and non-profit health system, in a $200 million investment transaction with TowerBrook Capital Partners in Accretive Health, a leading provider of revenue cycle management services to healthcare providers. The transaction is expected to close in the first quarter of ...
KeySpan Prevails In NY Plant Cleanup Coverage Battle
November 24, 2014, Law360
Covington's Jay T. Smith, Mark Gimbel, Michael Lechliter and William F. Greaney are mentioned regarding their representation of KeySpan.
April 1, 2011, Corporate Accountability Report
Covington Advises SandRidge Energy on Closing of Merger with Arena Resources, Creating a $6.2 Billion Company
July 20, 2010
NEW YORK, July 20, 2010 — SandRidge Energy, Inc. has completed its acquisition of Arena Resources, Inc., creating a combined company with an enterprise value of approximately $6.2 billion. Covington & Burling LLP advised SandRidge Energy on the transaction. The merger closed on July 16 following special meetings of the stockholders of each company. The ...
Covington Secures Asylum for Chechen Client
10/12/2007
NEW YORK, NY, October 12, 2007 — Covington & Burling LLP recently obtained asylum for a Chechen client and her husband. The firm’s client, a Russian national and ethnic Chechen, came to the United States from Chechnya in 2006 on a work and travel visa. Shortly after arriving, she learned that her mother, who works for the Chechen Ministry of Education, had ...
Covington Announces Ten New Partners
10/5/2006
WASHINGTON, D.C., October 5, 2006 — Covington & Burling LLP announced the election of ten new partners, effective October 1. Stuart Stock, chair of the firm’s management committee, commented, “These remarkable lawyers reflect the strength and diversity of our firm and its practice. We are very pleased to have them as members of our partnership.” Covington’s ...
1998, 50 Stanford Law Review 1671
- Legal 500 US, Securities Litigation (2013-2017)
- Euromoney, Benchmark: Expert Guide to America’s Leading Litigation Firms and Attorneys, Litigation Star, NY (2013-2014)
Education
Stanford Law School, J.D., 1998
- with distinction
- Stanford Law Review, Associate Editor
Yale University, B.A., 1993
- with distinction
Judicial Clerkship
- Hon. Jed S. Rakoff, U.S. District Court, Southern District of New York, 1998 - 1999
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