Marc J. Tobak
Practice focuses on bankruptcy litigation and complex civil litigation.
Marc’s practice focuses on bankruptcy litigation and complex civil litigation. He represents investment funds, financial institutions and creditor groups enforcing and defending claims in restructuring litigation, and provides litigation advice in restructuring 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.
- Purdue Pharma in connection with its chapter 11 restructuring and in related appeals and litigation before the U.S. District Court for the Southern District of New York and the U.S. Supreme Court.
- 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 of a Puerto Rico entity under PROMESA, and in a constitutional challenge to a local Puerto Rico restructuring law, Brigade Leveraged Capital Structures Fund Ltd. et al v. The Government Development Bank for Puerto Rico , No. 16-cv-01610-FAB (D.P.R.).
- 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
- General Dynamics Information Technology, Inc. in successfully defending on appeal dismissal of a putative class action lawsuit alleging violations of the Telephone Consumer Protection Act, 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.
J.D., Harvard Law School
- cum laude
B.A., Philosophy, Columbia University
- magna cum laude
- Phi Beta Kappa
Law Clerk, Hon. Miriam Goldman Cedarbaum, U.S. District Court, S.D. New York, 2008-2009
- 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