Mark Gimbel is a litigation partner based in New York and a co-chair of the firm’s Commercial Litigation Practice Group. His practice focuses on complex business litigation, including transactional disputes, securities and shareholder derivative litigation, corporate governance matters, and other complex commercial cases.
He has worked with corporate and individual clients in a broad range of industries including technology, financial services, life sciences, real estate, and energy. Clients value his focus on learning their business and developing creative strategies for successfully resolving even the most difficult cases.
An experienced trial lawyer, Mark has tried cases in state and federal court across the country and before various arbitral tribunals. He is also a seasoned appellate advocate, who has successfully argued appeals before the United States Court of Appeals for the Second Circuit and the Delaware Supreme Court.
Representative Matters:
- Representation of Uber in obtaining the dismissal of an action filed in the Delaware Chancery Court seeking over $1 billion in damages from its officers and directors based on allegations that the board breached its fiduciary obligations by approving an acquisition.
- Representation of major multinational defense and aerospace technology company in a rare ERISA class action trial in which all claims of the plaintiff class were dismissed.
- Representation of officers and directors of Illumina in obtaining the dismissal of a shareholder derivative action filed in the Delaware Chancery Court.
- Representation of Sirtex and China Grand Pharmaceuticals in obtaining the dismissal of corporate control litigation following an injunction hearing.
- Representation of minority shareholder in ongoing litigation and arbitration challenging an asset sale.
- Representation of financial advisors in connection with deal litigation, including a pending action in the Delaware Court of Chancery challenging a take private transaction.
- Representation of officers and directors of mortgage REIT Resource Capital Corp. (now Exantas Capital Corp.) in obtaining the dismissal of 15 shareholder derivative lawsuits filed in the wake of a loan write off.
- Representation of issuers including Braskem, Illumina, Indivior, and Resource Capital in securities class actions.
- Representation of underwriters including UBS, Jefferies, and Cantor Fitzgerald in securities class actions.
- Representation of current and former officers and directors of companies including Illumina, Penn West Petroleum Ltd., and SandRidge Energy, in shareholder litigation, including securities class actions and shareholder derivative cases.
- Representation of a Top 20 Global Bank in obtaining the dismissal of Anti-Terrorism Act litigation arising from alleged sanctions violations.
- Representation of a foreign bank and its U.S. subsidiary in disputes concerning assets frozen pursuant to U.S. sanctions regulations.
Updated Sep 2023
