Martin S. Siegel
Marty Siegel specializes in complex commercial, business, securities, bankruptcy and antitrust litigations. Marty has litigated cases in more than a dozen different jurisdictions around the country. Marty litigates substantial commercial disputes in various federal and state courts and arbitration forums, including breach of contract, partnership and employment disputes, restrictive covenant cases, real estate, insurance, medical and dental products and intellectual property. He prosecutes claims involving securities fraud, M&A, Ponzi scheme and other securities-related issues on behalf of institutional and other sophisticated investors, and defends public companies and stock brokerage firms, and their officers and directors, in securities class actions and related matters. Marty represents witnesses and targets in SEC, FTC, and other enforcement cases and Audit Committees of public companies in conducting internal investigations under Sarbanes-Oxley, as well as respondents and claimants in FINRA and AAA arbitrations and stockbrokers on Promissory Note claims by former firms. Marty also regularly litigates antitrust and related matters and a broad range of bankruptcy matters on behalf of unsecured creditors, equity holders and debtors, including fraudulent conveyance, preference, and lender liability issues.
Marty spent three years at the United States Securities and Exchange Commission as a Trial Attorney and three years as Chief Attorney, Branch of Enforcement, in the SEC’s New York Regional Office.
- Lead trial lawyer for Wilmington Trust Company, as indenture trustee for subordinated bonds, in the Tribune Company bankruptcy, including two contested confirmation hearings, allocation disputes, hearing, and related hearings.
- Lead trial lawyer for XO Communications, Inc., a public company majority owned by affiliates of Carl Icahn, in a $100 million breach of contract dispute arising from XO’s acquisition of Allegiance Telecom.
- Represented Kenneth Lay, former Chairman of Enron Corp., in Enron bankruptcy and related matters.
- Represent liquidating trust in fraudulent conveyance litigation against former financial advisor.
- Trial counsel to ad hoc consortium of trust preferred securities holder at confirmation hearing in the Washington Mutual bankruptcy.
- Represented institutional holders of Lehman Brothers Treasury Company B.V. Notes, which were guaranteed by Lehman Brothers Holdings Inc. in the Lehman Brothers bankruptcy.
Securities and Related Matters
- Represented public company in securities fraud case brought by investment advisor, obtained dismissal on motion to dismiss.
- Represent stock brokerage firm in purported class action by former broker alleging violations of state minimum wage and overtime laws, impermissible wage deductions and failure to pay earned commissions. Obtained Dismissal at pleading stage, currently on appeal.
- Defended public company and its officers and directors in securities class action. Obtained order dismissing the complaint, without leave to amend, at the pleading stage. In another case, obtained summary judgment dismissing securities class action complaint against public company, and its officers and directors, on the merits after completion of discovery.
- Represent stockbrokers in claims brought by their former firms based on Promissory Notes signed at beginning of prior employment.
- Defended risk management officer of publicly traded insurance company in securities class action. Obtained order dismissing complaint at the pleading stage.
- Represented numerous public companies and their principals in SEC investigations of, inter alia, alleged false press releases and public filings. Represented target of SEC insider trading investigation.
- Obtained an Initial Decision from an SEC Administrative Law Judge, in a case of first impression concerning the application of various securities laws to automatic computerized trading programs, dismissing all claims of fraud and market manipulation against our client.
- After evidentiary hearings, obtained a total dismissal of all claims against stock brokerage firms and their principals in a number of FINRA arbitrations, and substantial awards for claimants against stock brokerage firms and their principals in other FINRA arbitrations.
- Defending large importer against antitrust and contract claims; obtained dismissal of antitrust claims through motion to dismiss.
- Representing manufacturers of dental/medical products against patent infringement claims.
- Represented on line advertising company in investigations by FTC and various state agencies.
- Represented Linda Lay, widow of Kenneth Lay, former Chairman of Enron Corp., in litigation against insurance company in dispute over annuity policies.
- Lead Trial counsel in AAA arbitration on behalf of investment advisory company sued by former employee for deferred compensation and other compensation resulting in dismissal of virtually all claims.
- Prosecuted to favorable settlement action seeking in excess of $270 million in damages for breach of contract, tortious interference, conversion, and related claims in connection with a breach of an investment advisory agreement. Successfully defeated a series of motions for summary judgment and for preliminary injunctions.
- Represent doctor, and inventor of cancer patent, in litigating rights to intellectual property.
- Represent real estate developer in defense of proceeding for an accounting and damages brought by partner. After defeating summary judgment motion for an accounting, negotiated favorable settlement.
- Represented manufacturer of dental/medical devices in claims against inventor of technology products sold to corporation and defended against claims by inventor to regain control of valuable patents. After defeating motions for summary judgment, on eve of trial, favorably settled for nominal sum. Represented same client in prosecution of restrictive covenants in employment agreements and other intellectual property claims.
Education and Honors
- J.D., cum laude, Brooklyn Law School (1968).
- B.A. (Accounting), Hunter College of the City of New York (1966)
- State of New York
- U.S. Court of Appeals for the Second and Third Circuits
- U.S. District Courts, Southern and Eastern Districts of New York
Prior Legal Experience
- Brown Rudnick LLP (formerly Berlack Israels & Liberman), Partner
- Named in Super Lawyers (2014 – 2015)