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Damien J. Marshall

Partner
New York

t: 212.909.7617
f: 212.446.2350

dmarshall@bsfllp.com
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Area of Practice

Litigation


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 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.

Publications

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

Related News

Fifty-three Attorneys Recognized as New York Metro Super Lawyers (October 10, 2016)

Boies, Schiller & Flexner Attorneys Recognized as New York-Metro Super Lawyers (October 2015)

Florida Medicaid Program Not Providing Children with Federally Guaranteed Rights to Medical and Dental Care (December 31, 2014)

Boies, Schiller & Flexner Attorneys Recognized as New York Metro Super Lawyers (October 19, 2014)

54 BSF Attorneys Recognized as Top Lawyers in 2013 Super Lawyers Magazine (2013 Super Lawyers)

Multi-Billion Dollar Class Action Filed By BSF For Fannie, Freddie Preferred Shareholders (07.10.2013)

BSF Presses in Court for Medicaid Improvements in Florida (In the News)

BSF to Spearhead Defense of American Express in DOJ Suit (Firm Newsletter Spring 2011)

Unprecedented Attempt to hold Directors Responsible Thwarted (December 8, 2008)

Firm Report: July 2008 (07.28.2008)

Boies, Schiller & Flexner Clients Obtain Final Dismissal of Bankruptcy Trustee's Action Seeking $150 Million in Damages (July 11, 2008)

Firm Report: January 2008 (Vol. 3, Issue I) (01.22.2008)

Firm Cited for Landmark Pro Bono Litigation on Behalf of 1.6 Million Florida Children (January 14, 2008, at A1)

BSF $ 2.2 Billion Recovery for American Express Noted in American Lawyer's "Big Suits" Column (January 2008)

Firm Report: July/August 2007 (Vol. 2, Issue II) (08.22.2007)

Firm Report: April 2007 (Vol. 2, Issue I) (04.01.2007)

Firm Report: July 2006 (Vol. 1, Issue II) (07.01.2006)

Insurance Law Firms of the Year (January 1, 2010)

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