Marc J. Tobak
  1. Counsel

Mr. Tobak is counsel in Davis Polk’s Litigation Department in New York. His 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.

Work Highlights

Restructuring Litigation
  • Purdue Pharma in connection with its chapter 11 restructuring that seeks to effectuate a comprehensive settlement of more than $10 trillion of asserted claims, as well as 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 connection with the bankruptcy of Pioneer Energy Services Corp. and its affiliates.
  • An ad hoc group of term lenders and DIP lenders in the chapter 11 cases of Nine West Holdings, Inc. and its affiliates.
  • The Ad Hoc Group of Bondholders of Puerto Rico’s Government Development Bank in the first-ever 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 investment fund and financial institution term lenders in connection with a $1.5 billion avoidance action arising out of the General Motors bankruptcy.  
  • A financial advisory firm in connection with the bankruptcy of Caesars Entertainment Operating Company, Inc.
  • JPMorgan Chase in connection with the Chapter 11 restructuring of the Tribune Company, including in disputes with unsecured creditors concerning claims for fraudulent transfer, and post-bankruptcy, multibillion dollar fraudulent transfer litigation pending in federal court New York and before the Second Circuit.
  • Natixis in connection with derivatives claims in the bankruptcy of Lehman Brothers Holdings Inc.
  • Goldman Sachs in connection with successful dismissal of post-bankruptcy litigation brought following the litigation of Capmark, Capmark Financial Group Inc. v. Goldman Sachs Credit Partners L.P., 491 B.R. 335 (S.D.N.Y. 2013).
  • JPMorgan Chase and Bank of America in post-bankruptcy fraudulent transfer litigation brought by a litigation trustee in connection with the bankruptcy of Extended Stay.
  • Pinnacle Airlines Corp. in connection with its chapter 11 cases.
  • Patriot Coal Corporation and its affiliates in connection with 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 multiple litigations nationwide, including in state courts in New York, Ohio, and Washington relating to residential mortgage-backed securities and collateralized debt obligations (CDO).
  • Intellicorp Records, Inc., in connection with a class action alleging violations of the Fair Credit Reporting Act.

Professional History

  • Counsel, 2018-present
  • Associate, 2009-2018
  • Law Clerk, Hon. Miriam Goldman Cedarbaum, U.S. District Court, S.D. New York, 2008-2009

Bar Admissions

  • State of New York
  • U.S. Court of Appeals, First Circuit
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. District Court, E.D. New York
  • U.S. District Court, S.D. New York

Education

  • B.A., Philosophy, Columbia University, 2005
    • magna cum laude
    • Phi Beta Kappa
  • J.D., Harvard Law School, 2008
    • cum laude

Languages

  • French