Damien J. Marshall

Partner
Fort Lauderdale

t: 954 356 0011
f: 954 356 0022

dmarshall@bsfllp.com

Area of Practice

Education

Georgetown University Law Center, J.D., magna cum laude, 1999; Order of the Coif; Articles Editor, Georgetown Law Journal

University of California, Los Angeles, B.A., magna cum laude, Political Science, 1996

Clerkships

Hon. Rosemary Barkett, United States Court of Appeals for the Eleventh Circuit, 2000-2001

Hon. Donald M. Middlebrooks, United States District Court for the Southern District of Florida, 1999-2000

Admissions

Florida and New York

Damien Marshall's practice focuses on the resolution of complex business disputes over a broad range of substantive areas, including antitrust, securities, RICO and general commercial disputes. Mr. Marshall regularly represents major corporations in high-stakes matters, often with an international component.

Representative cases include:

The successful representation of The Bank of New York Mellon in defense of a $22.5 billion RICO claim filed by the Russian Federal Customs Service in the Moscow State Arbitraz Court. The case was settled for $14 million - less than 1% of claimed damages. The unprecedented resolution garnered national and international media attention and was hailed as a "grand slam home run" for the Firm's client;

The successful representation of The American Express Company in its antitrust case against Visa and MasterCard in which American Express received a record breaking $4 billion recovery;

The successful defense of Philip Morris USA against antitrust challenges to its Retail Leaders program, obtaining summary judgment for the Firm's client where claimed damages were in excess of $1 billion;

The successful representation FEMSA S.A. de C.V. in obtaining an injunction against a $300 million transaction.

Currently, Mr. Marshall is defending The Bank of New York Mellon in class action and individual claims relating to the Bank's securities lending business. Mr. Marshall is also defending The Bank of New York Mellon against class action fraud and contract claims brought by Abu Dhabi Commercial Bank arising from the failure of a United Kingdom based structured investment vehicle. Mr. Marshall is also defending American Express Company against antitrust claims alleging violations of Sections 1 and 2 of the Sherman Act.

Mr. Marshall is involved in the Firm's pro bono practice, and is currently representing a class of Florida Medicaid eligible children against Florida state officials seeking enforcement of the Federal Medicaid law.

Mr. Marshall is a member of the Georgetown University Law Center Alumni Board, and the ABA Antirust Section.

Selected Publications and Presentations

The Application of Chevron Deference in Regulatory Preemption Cases, 87 Geo. L. J. 263 (1998)