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Lawyers

Marc J. Tobak

Lawyers

Practice focuses on bankruptcy litigation and complex civil litigation.

Marc’s practice focuses on bankruptcy litigation and complex civil litigation. He represents debtors in contested Chapter 11 proceedings and related litigation, investment funds, financial institutions and creditor groups enforcing and defending claims in restructuring and liability management litigation, and provides litigation advice in restructuring and liability management transactions. He also represents clients in a variety of complex civil matters, including securities and shareholder derivative litigation, and represents investment funds and managers in regulatory examinations and investigations.

Experience highlights

Restructuring and Liability Management Litigation
  • Purdue Pharma in its chapter 11 restructuring and related appeals before the U.S. District Court for the Southern District of New York, the U.S. Court of Appeals for the Second Circuit, and the U.S. Supreme Court.
  • An ad hoc group of noteholders and indenture trustee in the bankruptcy of Ruby Pipeline.
  • An ad hoc group of term lenders in the bankruptcy of Chesapeake Energy Corporation and its affiliates.
  • An ad hoc group of term lenders and DIP lenders in the bankruptcy of California Resources Corporation and its affiliates.
  • An ad hoc group of noteholders in the bankruptcy of Pioneer Energy Services Corp. and its affiliates.
  • An ad hoc group of term lenders and DIP lenders in the bankruptcy of Nine West Holdings, Inc. and its affiliates.
  • The Ad Hoc Group of Bondholders of Puerto Rico’s Government Development Bank in the first restructuring under PROMESA, and in a constitutional challenge to a Puerto Rico restructuring law.
  • A group of term lenders in a $1.5 billion avoidance action arising out of the General Motors bankruptcy.
  • A financial advisory firm in the bankruptcy of Caesars Entertainment Operating Company, Inc.
  • JPMorgan Chase in the Chapter 11 restructuring of the Tribune Company and in post-bankruptcy fraudulent transfer litigation.
  • Goldman Sachs in post-bankruptcy litigation, Capmark Financial Group Inc. v. Goldman Sachs Credit Partners L.P. , 491 B.R. 335 (S.D.N.Y. 2013).
  • Pinnacle Airlines Corp. in its chapter 11 cases.
  • Patriot Coal Corporation and its affiliates in their chapter 11 cases.
Complex Civil Litigation
  • Digicel in an ICSID arbitration regarding a $100M telecom tax levied by Papua New Guinea.
  • General Dynamics Information Technology, Inc. in successfully defending on appeal dismissal of a putative class action lawsuit, Cunningham v. General Dynamics Information Technology, Inc. , No 16-cv-00545, 2017 WL 1682534 (E.D. Va. May 1, 2017), aff’d , 888 F.3d 640 (4th Cir. 2018), cert. denied , — U.S. —, 139 S.Ct. 417 (2018).
  • FINRA in 11th Circuit appeal challenging FINRA’s “Pay to Play” rule.
  • Morgan Stanley in litigation in state courts in New York, Ohio, and Washington relating to residential mortgage-backed securities and collateralized debt obligations.
  • Intellicorp Records, Inc., in a class action alleging violations of the Fair Credit Reporting Act.
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Insights

Education
J.D., Harvard Law School
  • cum laude
B.A., Philosophy, Columbia University
  • magna cum laude
  • Phi Beta Kappa
Clerkships
Law Clerk, Hon. Miriam Goldman Cedarbaum, U.S. District Court, S.D. New York, 2008-2009
Professional history
  • Counsel, 2018-present
  • Davis Polk since 2009
Qualifications and admissions
  • State of New York
  • U.S. Court of Appeals, D.C. Circuit
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. Court of Appeals, First Circuit
  • U.S. Court of Appeals, Second Circuit
  • U.S. District Court, E.D. New York
  • U.S. District Court, S.D. New York
  • U.S. Supreme Court
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