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 civil litigation and white collar practices.  He has represented a broad range of corporations and financial institutions, both domestic and foreign, in their most critical litigations and government investigations, as well as in complex matters involving both criminal and civil elements.  His civil litigation practice focuses on class action securities litigation, commercial disputes and cross-border matters, in both court proceedings and arbitration.  His government and internal investigations practice focuses on matters arising under the Foreign Corrupt Practices Act (FCPA), economic sanctions and securities enforcement and has included matters involving a wide range of federal and state authorities, including the U.S. Department of Justice, the Securities and Exchange Commission, the Office of Foreign Assets Control, state attorneys general, and the District Attorney of New York County, as well as federal and state banking regulators.  He has conducted investigations and compliance reviews throughout Latin America and has extensive experience advising European, Latin American and domestic clients with respect to anti-corruption and other compliance matters arising in Latin America, as well as representing clients in civil and criminal matters related to their business in the region.

Work Highlights

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

Civil Litigation
  • Obtained summary judgment in favor of ExxonMobil as plaintiff in Administrative Procedure Act lawsuit against the United States Department of Treasury and other defendants, vacating on constitutional grounds a sanctions penalty assessed by the Office of Foreign Assets Control.  Exxon Mobil Corporation, et al. v. Mnuchin, et al. No. 3:17-cv-01930-B (N.D. Tex.)
  • 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.)
  • Morgan Stanley in false claims act and securities litigation brought by the California Attorney General related to investments made by California state pension funds.  People of the State of California v. Morgan Stanley, CGC-16-551238 (Sup. Ct. Cal.)
  • Eletrobras, 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.)
  • Albemarle Corporation in AAA arbitration against Huntsman International LLC, arising from Huntsman’s billion-dollar acquisition of certain pigments businesses from Rockwood Specialties Group, Inc.  Huntsman International LLC v. Albemarle Corporation et al.  AAA Case No. 01-17-0001-4588
  • 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.)
  • Eletrobras, the Brazilian state-owned electric utility, in federal securities litigation seeking to establish the enforceability of $5.6 billion in debt obligations issued under Brazilian law and to enjoin the company’s announced privatization.  Eagle Equity Funds, LLC et al. v. Centrais Eletricas Brasileiras S/A – Eletrobras et al., 19-CV-9344 (S.D.N.Y.)
  • EnVen Energy Corporation as defendant in contractual dispute with former company president in Texas state court, and as plaintiff in fiduciary duty claim asserted in the Delaware Court of Chancery.  Dunwoody v. EnVen Energy Corporation et al., 2019-39608 (Harris Cty., Tex.); EnVen Energy Corporation et al. v. Dunwoody, 2019-0579 (Del. Chancery)
  • A global mining company in connection with various commercial disputes and investor-state arbitration against a foreign sovereign
  • 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
Government Investigations
  • A global bank in connection with the resolution of parallel 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
  • 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
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

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, E.D. New York
  • 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
    • Florence Allen Scholar

Languages

  • Spanish