Marilyn C. Kunstler
t: 212 446 2393
f: 212 446 2350
Areas of Practice
Columbia Law School, J.D., 1989; Columbia Law Review; Harlan Fiske Stone Scholar
University of Washington, M.A., English, 1974
University of Washington, B.A., with distinction, English, 1971
Hon. Robert R. Beezer, U.S. Court of Appeals for the Ninth Circuit, 1989-1990
United States Supreme Court
United States Courts of Appeals: Second, Third and Seventh Circuits
United States District Courts: Southern and Eastern Districts of New York
Marilyn C. Kunstler focuses on complex commercial and securities litigation, internal investigations and corporate governance reviews.
Ms. Kunstler represents investment managers and financial industry clients in litigation concerning the financial markets, both as plaintiff and defendant. She has represented corporations, boards of directors, investment banks, private equity investors, hedge funds and accounting firms in a wide variety of matters in state and federal courts around the country, including securities litigation, shareholder derivative suits, business disputes, bankruptcy litigation, SEC and other governmental investigations, as well as numerous internal investigations.
Significant matters include:
- Representing a multi-billion dollar investment company in claims against the promoters of a failed reverse merger with a Chinese operating company, subsequently identified by the SEC as a fraud.
- Representing one of the largest publicly traded hedge funds in the world in defending a securities class action, settling a potential billion dollar claim for $32.5 million.
- Representing victims of a terrorist attack in litigation against an international bank, alleging violations of anti-money-laundering and counter-terrorism-financing laws.
- Representing a major bond fund in defending class action claims brought under the Commodity Exchange Act.
- Representing a hedge fund in an action against a fund-of-funds for misrepresentations under the Martin Act and common law.
- Representing a pharmaceutical start-up company asserting claims for breach of a collaboration agreement to develop an important new drug.
- Representing Tyco International Ltd. in one of the largest multi-district securities and ERISA class action litigations in the country, as well as related Congressional, SEC, federal and state civil and criminal investigations. Ms. Kunstler directed significant portions of the worldwide internal investigation into alleged wrongdoing by Tyco's former management and co-led the defense of Tyco in the subsequent class actions, while simultaneously representing Tyco in affirmative actions brought by the company against its former executives. The consolidated civil cases were described by the court as "unprecedented" both in size and in complexity of legal issues presented.
Before joining Boies, Schiller & Flexner LLP, Ms. Kunstler was associated with the New York City firms of Davis Polk & Wardwell LLP and Schulte Roth & Zabel LLP, where her practice focused on securities and commercial litigation and internal investigations.
Ms. Kunstler serves on the Board of Directors of the New York Women's Bar Association Foundation, Inc. From 2010-2013, she chaired the Federal Courts Committee of the New York City Bar Association. She was appointed to the Advisory Group of the Judicial Improvements Committee of the U.S. District Court for the Southern District of New York, addressing efficient management of complex litigation. She is a founding member of the Advisory Group of the New York State-Federal Judicial Council and served as Co-Chair from 2000-2007. She speaks regularly on issues concerning corporate governance, management of complex litigation and e-discovery.
Selected Professional Awards and Associations
2011 American Inns of Court Professionalism Award for the Second Circuit
New York City Bar Association (Chair, Federal Courts Committee, 2010-2013)
New York Women's Bar Association Foundation, Inc. (Board of Directors)
New York Fair Trial/Free Press Conference (Board of Trustees)
Advisory Group to the New York State-Federal Judicial Council (Founding Member, Co-Chair, 2001-2007)
Recognized as one of the Top Lawyers in New York-Metro Super Lawyers magazine regularly since 2006
54 BSF Attorneys Recognized as Top Lawyers in 2013 Super Lawyers Magazine (2013 Super Lawyers)
Sixteen BSF Attorneys Named 2010 New York Super Lawyers -- Metro Edition (2010 New York Super Lawyers -- Metro Edition)
Seminars and Speaking Engagements
Technology and the Law, Columbia School of Professional Studies, Instructor (2016)
E-Discovery 2015: Best Practices and Ethical Implications, New York City Bar Association, Panelist (2015)
Crisis Management and Internal Investigations, Columbia Law School, Guest Lecturer (2015)
Partnering to Meet Court Requirements for Discovery of Electronic Information, Columbia University Business School, Guest Instructor (2014)
2014 Litigation Summit: In-House Counsel, Outside Counsel, Judges and Academics Examine Changing the Changing Practice of Litigation, New York City Bar Association (2014)
"Bet the Company" Litigation 2012: Best Practices for Complex Cases, PLI Seminar (2012)
"Bet the Company" Litigation 2011: Best Practices for Complex Cases, PLI Seminar (2011)
Current Issues in Mortgage Foreclosure and Loss Mitigation, New York State-Federal Judicial Council, Program Co-Chair (2011)
Standards for Prosecuting Corporate Fraud by Federal & State Agencies: Current Approaches to Privilege Issues, Panelist and Moderator, New York City Bar Association (2010)
Case Study of a Board’s Role in a Corporate Crisis, Columbia University Executive MBA Program (2010)
Standards for Prosecuting Corporate Fraud by Federal & State Agencies: The Impact of the Revised Justice Department Charging Guidelines, Panelist and Moderator, New York City Bar Association (2009)
“Protecting Directors against Liability in Light of the In re Citigroup Inc. Shareholder Derivative Litigation Decision,” Bloomberg Risk & Compliance Law Reports (2009)