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Damien J. Marshall

New York

t: 212.909.7617
f: 212.446.2350
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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


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


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 brought 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 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 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, obtaining dismissal for the Firm's client.
  • 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 a major international bank in a series of civil litigations and investigations relating to its RMBS business.

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.


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

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