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Mark P. 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 transactional disputes, securities and shareholder derivative litigation, corporate governance matters, and other complex commercial cases.

    He has worked with corporate and individual clients in a broad range of industries including technology, financial services, life sciences, real estate, and energy. Clients value his focus on learning their business and developing creative strategies for successfully resolving even the most difficult cases.

    An experienced trial lawyer, Mark has tried cases in state and federal court across the country and before various arbitral tribunals. He is also a seasoned appellate advocate, who has successfully argued appeals before the United States Court of Appeals for the Second Circuit and the Delaware Supreme Court.

    Areas of Expertise

  • Practices and Industries
  • Representative Matters
    • Representation of Uber in obtaining the dismissal of an action filed in the Delaware Chancery Court seeking over $1 billion in damages from its officers and directors based on allegations that the board breached its fiduciary obligations by approving an acquisition.
    • Representation of major multinational defense and aerospace technology company in a rare ERISA class action trial in which all claims of the plaintiff class were dismissed.
    • Representation of officers and directors of Illumina in obtaining the dismissal of a shareholder derivative action filed in the Delaware Chancery Court.
    • Representation of Sirtex and China Grand Pharmaceuticals in obtaining the dismissal of corporate control litigation following an injunction hearing.
    • Representation of minority shareholder in ongoing litigation and arbitration challenging an asset sale.
    • Representation of financial advisors in connection with deal litigation, including a pending action in the Delaware Court of Chancery challenging a take private transaction.
    • Representation of officers and directors of mortgage REIT Resource Capital Corp. (now Exantas Capital Corp.) in obtaining the dismissal of 15 shareholder derivative lawsuits filed in the wake of a loan write off.
    • Representation of issuers including Braskem, Illumina, Indivior, and Resource Capital in securities class actions.
    • Representation of underwriters including UBS, Jefferies, and Cantor Fitzgerald 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 a Top 20 Global Bank in obtaining the dismissal of Anti-Terrorism Act litigation arising from alleged sanctions violations.
    • Representation of a foreign bank and its U.S. subsidiary in disputes concerning assets frozen pursuant to U.S. 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 in we obtained the dismissal of all claims following trial.
    • 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 Clerkship
    • 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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