Marilyn C. Kunstler

Partner
New York City

t: 212 446 2393
f: 212 446 2350

mkunstler@bsfllp.com

Download vCard

Areas of Practice

Litigation

Investigations / Corporate Governance

Securities Litigation

Education

Columbia University, J.D., 1989; Editor, Columbia Law Review; Harlan Fiske Stone Scholar

University of Washington, M.A., English, 1974

University of Washington, B.A., with distinction, English, 1971

Clerkships

Hon. Robert R. Beezer, U.S. Court of Appeals for the Ninth Circuit, 1989-1990

Admissions

New York

United States Supreme Court

United States Courts of Appeals: Third Circuit

United States District Courts: Southern and Eastern Districts of New York

Marilyn C. Kunstler specializes in complex commercial and securities litigation, internal investigations and corporate governance reviews.

Ms. Kunstler represented Tyco International Ltd. in one of the largest multi-district securities and ERISA class action litigations in the country. She 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. Ms. Kunstler also represented Tyco in related Congressional, SEC, federal and state civil and criminal investigations, including in connection with three criminal trials brought by the Manhattan District Attorney against individual members of Tyco's former management.

Ms. Kunstler presently represents a number of investment managers and financial industry clients in litigation arising out of the current turmoil in the credit markets. She has represented private equity investors, investment banks, hedge funds, accounting firms, corporations and boards of directors in a wide variety of matters in state and federal courts around the country, including shareholder derivative suits, bankruptcy litigation, SEC and NASD investigations, as well as securities litigation. She has conducted numerous internal investigations.

Before joining Boies Schiller & Flexner LLP, Ms. Kunstler was associated with the New York City firms of Davis Polk & Wardwell and Schulte Roth & Zabel LLP, where she specialized in securities and commercial litigation and internal investigations.

Ms. Kunstler is a member of the Board of Directors of the New York Woman's Bar Association Foundation, Inc.; the Board of Trustees for the New York Fair Trial/Free Press Conference; and the Government Ethics Committee of the New York City Bar. She was one of the founding members of the Advisory Group of the New York State-Federal Judicial Council and served as Co-Chair from 2000-2007.

Selected Professional Awards and Associations

New York Women's Bar Association Foundation (Board of Directors)

New York Fair Trial/Free Press Conference (Board of Trustees)

Advisory Group to the New York State-Federal Judicial Council
(Co-Chair, 2001-2007)

New York City Bar Association (Government Ethics Committee)

New York State Bar Association

Recognized as one of the Top Lawyers in the New York Metro area by
Super Lawyers magazine (2006, 2007, 2008)