Marc has recovered over $1 billion for investors, focusing on value-generating litigation including class action opt-out/direct actions, bondholders' rights, and investor appraisal rights. Marc represents many of the most prominent asset and investment managers including: Appaloosa Management, Balyasny Asset Management, Brahman Capital, Canyon Partners, Chatham Asset Management, Cohen & Steers, Corvex Management, Discovery Capital Management, Fred Alger Management, Inc., HBK Capital Management, HealthCor Management, L.P., Highfields Capital Management, Janus Henderson, Orbis Investment Management, Owl Creek Asset Management, Soroban Capital Partners, Starboard Value LP, SunAmerica Asset Management, TIAA, and Valinor Capital Partners.
Marc founded Rolnick Kramer Sadighi LLP with his partners because his view was that a traditional hourly billable model does not properly align the interests of value-creating lawyers with their clients. By pursuing a model focused on results, rather than on hours, Marc works within a structure where compensation is based solely on value creation.
Marc is involved in various communal and charitable activities. Currently, he is a member of the Board of The Tepper Foundation. Marc is also a member of the Board of Governors of Hillel International, the Board of Directors of the Center for Israel Education, and the Board of the Golda Och Academy Foundation (a Solomon Schechter school). He is also a Board Member of QualityMetric Incorporated, an independent organization dedicated to measuring health from the patient's perspective and providing patient reported outcome products.
Representative Active Matters
- Representing multiple investors, including SunAmerica Asset Management, Brahman Capital, MSD Partners, GMO, Discovery Capital Management, and Incline Global Management, in the United States District Court for the District of New Jersey against Valeant Pharmaceuticals (n/k/a Baush Health) and several of its former executives in connection with a securities fraud that has been termed the “Pharmaceutical Enron.”
- Representing Highfields Capital Management and Brahman Capital in a securities fraud action in the District of Connecticut against Teva Pharmaceutical Industries related to allegations of generic drug price fixing.
- Representing Corvex Management, Soroban Capital Partners, Valinor Capital Management, and Incline Global Management in a case against Mohawk Industries arising out of alleged misrepresentations of manipulating profit margins and falsely reporting sales of intentionally undelivered product.
- Representing dozens of professional investors against Pacific Gas & Electric Company arising from alleged misrepresentations regarding safety measures and compliance with laws pertaining to wildfire safety measures. Representative clients include: 683 Capital Management, Alyeska Investment Group, Hexavest, Orbis Investment Management, Rhumbline Advisers, Southpoint Capital Advisors, SunAmerica Asset Management and Prudential Financial.
- Representing Starboard Value LP in claims against Perrigo Company PLC in the District of New Jersey arising out of alleged collusion with other drug manufacturers to systemically increase the price of topical drugs.
- Representing entities affiliated with Fred Alger Management against Stamps.com arising out of alleged misrepresentations concerning the company’s business relationship with the U.S. Postal Service and providing customers with unauthorized discounted shipping under its so-called “reseller program.”
- Representing funds affiliated with Orbis Investment Management against Vale S. A. in the Eastern District of New York arising out of alleged misrepresentations in connection with a dam collapse in 2019.
- Representing Jet Capital in a successful objection to a class action settlement against Spectrum Brands. Jet’s objection to the class settlement resulted in achieving a significant improvement in the recovery for certain shareholders whose claims were being severely discounted in the original class action settlement that had been agreed to prior to Jet’s objection.
- Representing various Alger funds as putative class members in a case against Alexion Pharmaceuticals to prevent claim expiration under the statute of repose.
- Representing HBK Capital Management, Canyon Capital Advisors, Mason Capital, and Scopia Capital Management LP against EQT Corporation and a number of its officers and directors arising from alleged misrepresentations made in conjunction with EQT’s merger with Rice and the purported synergies that served as a basis for the Rice merger.
- Representing HealthCor Management, LP in a securities claim against Mallinckrodt plc pending in Washington DC.
Representative Concluded Matters
- Represented a major investor in a securities fraud action against a major generic pharmaceuticals’ manufacturer, Mylan N.V. (n/k/a Viatris). The investor’s claims were upheld on a motion to dismiss, including claims under Section 18 of the Exchange Act – claims only available to investors who take direct action.
- Represented Pennant Capital Management in a securities fraud action against Ocwen Financial Corp., a major mortgage servicer. Pennant’s claims were sustained at both the motion to dismiss and summary judgment stages. The matter was favorably settled immediately prior to trial for a cash amount nearly equal to the entirety of the cash portion of the total class action settlement.
- Represented group of investment funds including Fred Alger Management, Marcato Capital Management, and Scopia Capital Management in securities fraud action against Signet Jewelers. The matter was confidentially resolved.
- Represented several investor groups, including Cohen & Steers, Balyasny Asset Management, Jet Capital Management and Archer Capital Management, in the U.S. District Court for the Southern District of New York against VEREIT, Inc. (f/k/a American Realty Capital Properties Inc.), and several of its former senior executives in connection with accounting fraud. Claims included losses suffered on swap contracts not covered by the Class.
- Represented Cohen & Steers in the Supreme Court of the State of New York against Brixmor Property Group and others arising out of alleged accounting fraud. The matter was confidentially resolved.
- Represented Discovery Capital Management in a direct securities fraud action against Petrobras and others related to its alleged bid-rigging and kickback scheme. Discovery’s claims were sustained after a motion to dismiss. The matter was confidentially settled before trial.
- Represented Highfields Capital Management and another investor in direct actions against Barrick Gold Corporation related to fraud allegations involving its major South American mining project, Pascua Lama. Highfields’ core claims and the other investors’ core claims were sustained on a motion to dismiss, and the matter was confidentially settled.
- Represented entities affiliated with Fred Alger Management and Valinor Capital Management in direct actions against LendingClub Corporation related to allegations regarding fraud by its former CEO and other executives. The matter was confidentially settled.
- Represented Appaloosa Management and W.R. Huff Asset Management Co. in prosecuting hundreds of millions of dollars of claims arising out of the Adelphia securities scandal.
- Represented a large institutional investor in direct claims for securities fraud against Tyco International and certain of its former officers.
- Represented Cadian Capital in direct claims for alleged securities fraud against MF Global and former New Jersey governor Jon Corzine.
- Represented Special Situations Funds in a separately filed companion case to the Suprema class action for damages for securities purchased by SSF in Suprema Specialties.
- Represented Special Situations Funds in a Delaware appraisal action involving Leucadia's acquisition of MK Resources.
- Represented Nokota Capital Management in Digital River Inc., in pursuing statutory appraisal rights in Delaware arising out of Digital River's merger acquisition by an investor group led by Siris Capital Group LLC.
- Represented the largest outside investor group in CKx Inc. (n/k/a CORE Media Group); the group pursued their statutory right to appraisal of their $50+ million stake in the company following the acquisition of CKx by an affiliate of Apollo Global Management in 2011. CKx was the owner and manager of such iconic brands as American Idol, Elvis Presley Enterprises, and Muhammad Ali.
- Represented Nokota Management in Aeroflex Holding Corp., which pursued their statutory right to appraisal in Delaware following the company's acquisition by British defense contractor Cobham plc for $1.5 billion. The case was favorably resolved by a confidential settlement prior to trial.
