Antonio J. Perez-Marques
  1. Partner

Mr. Perez-Marques is a partner in Davis Polk’s Litigation Department and a member of the firm’s white collar practice and securities litigation group.  His government and internal investigations practice includes matters arising under the Foreign Corrupt Practices Act (FCPA) and economic sanctions, as well as securities enforcement.  His civil litigation practice focuses on class action securities litigation and cross-border matters, as well as M&A litigation and commercial disputes.  He also has extensive experience advising Spanish, Latin American and other foreign clients concerning U.S. litigation matters, and domestic clients concerning overseas and cross-border disputes.

Work Highlights

Mr. Perez-Marques’s representative matters have included:

Government Investigations
  • A global bank in connection with investigations by the U.S. Department of Justice (DOJ), Manhattan District Attorney’s Office, Federal Reserve, Department of Financial Services and Office of Foreign Assets Control (OFAC),  related to sanctions issues
  • A Fortune 100 corporation in connection with an OFAC investigation of trade sanctions issues
  • Standard & Poor’s Ratings Services in connection with investigations, examinations and enforcement actions brought by the U.S. Securities and Exchange Commission (SEC) and state attorneys general
  • DBRS, Inc., a nationally recognized statistical rating organization, in connection with enforcement action brought by the SEC related to surveillance of RMBS ratings
  • A Fortune 100 corporation in criminal bribery investigations, through the acquittal at federal jury trial of two former executives, with no charges against or settlement by the company
Securities and Other Civil Litigation
  • The Brazilian state-owned electric utility in federal securities class action litigation based on allegations of corruption arising from the Brazilian Lava Jato investigation.  In re. Eletrobras Securities Litigation, 1:15-cv-05754 JGK (S.D.N.Y.)
  • Obtained dismissal of action to enforce foreign judgment valued by plaintiff at € 433 million, in landmark appellate decision recognizing for the first time a jurisdictional defense to the enforcement of foreign money judgments in New York.  Albaniabeg Ambient Sh.p.k. v. Enel S.p.A. et al. (N.Y. App. Div. 2018)
  • ExxonMobil as plaintiff in Administrative Procedure Act lawsuit against the United States Department of Treasury and other defendants.  Exxon Mobil Corporation, et al. v. Mnuchin, et al. No. 3:17-cv-01930-B (N.D. Tex.)
  • Morgan Stanley in federal litigation related to a $9 billion structured investment vehicle (SIV) backed in part by subprime mortgage-backed securities, including the defeat of class certification and grant of partial summary judgment.  Abu Dhabi Commercial Bank et al. v. Morgan Stanley et al., 08-cv-07508 (S.D.N.Y.)
  • Morgan Stanley in various state and federal litigations related to residential mortgage-backed securities and collateralized debt obligations
  • The Solomon R. Guggenheim Foundation in various matters, including litigation by descendants of Peggy Guggenheim challenging the management of the Peggy Guggenheim Collection in Venice
  • A European oil and gas company as plaintiff in U.S. litigation against foreign sovereign related to expropriation of a multi-billion dollar South American subsidiary
  • Comcast Corporation in parallel state court and FCC proceedings through trial against the National Football League in dispute related to distribution of the NFL Network
FCPA Practice
  • Siemens AG, in connection with the resolution of SEC and DOJ FCPA investigations and in development of state-of-the-art FCPA compliance program
  • Fortune Global 100 corporation in an SEC investigation related to business with a state-owned company in South Africa
  • Led investigations, due diligence and other FCPA compliance reviews in countries including Argentina, Brazil, Colombia, Costa Rica, the Dominican Republic, Ecuador, Germany, Guatemala, Mexico, South Africa, Switzerland and Ukraine
Pro Bono
  • Argued and won Fourth Amendment search case before the New York Court of Appeals.  People v. Graham Reid, 24 N.Y.3d 615 (2014)
  • Successfully represented Everytown for Gun Safety as amicus curiae before the U.S. Supreme Court in case holding that reckless domestic assault qualifies as a "misdemeanor crime of domestic violence" that prohibits firearms possession by convicted felons under 18 U.S.C. § 922(g)(9).  Voisine v. United States, 136 S. Ct. 2272 (2016)
  • Ongoing representations of Everytown for Gun Safety and Prosecutors Against Gun Violence as amicus curiae in various state and federal proceedings

Recognition

Mr. Perez-Marques is a member of Davis Polk’s leading Securities Litigation Group, which was named:

  • Chambers USA – Securities Litigation: Band 1
  • The American Lawyer – “Securities Litigation Department of the Year” finalist, 2014
  • Law360 –  “Securities Group of the Year,” 2013

Professional History

  • Partner, 2011-present
  • Associate, 2002-2011

Bar Admissions

  • State of New York
  • U.S. Supreme Court
  • U.S. Court of Appeals, First Circuit
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. District Court, S.D. New York

Education

  • A.B., Princeton University, 1999
    • magna cum laude
  • J.D., New York University School of Law, 2002
    • cum laude
    • Allen Scholar

Languages

  • Spanish