Heather Marx

Heather L. Marx applies her experience in the areas of complex business and commercial litigation to represent a variety of clients. Her practice includes the representation of corporations and individuals in corporate contractual and partnership disputes, customs, imports, and trade matters, real estate and leasing issues, and litigation related to leases and guaranties, bankruptcy adversary proceedings, commercial transactions and disputes, and issues of employment law and benefits.

Heather handles contract disputes, commercial and private loan disputes, business liquidation priority issues, lease obligations, receivership appointments, real estate transactions, insurance claims, import-export contracts and litigation, and employment and labor disputes.

Further, Heather’s experience in bankruptcy litigation includes years of representing both debtors and creditors in significant adversary disputes and work-outs, including clawback litigation both in Minnesota and other states.

Heather advises both domestic and international clients on strategies for foreign-based manufacture, importation, and distribution of goods and how to safeguard against anti-competitive trade barriers, regulatory systems, and trade remedies.

She represents clients in matters before U.S. Customs and Border Protection, the U.S. Department of Commerce, the International Trade Administration, and the U.S. Trade Representative. Cozen O’Connor’s Customs, Imports, and Trade Remedies lawyers also represent the interests of clients before the United States District Courts, the U.S. Court of International Trade, and the Court of Appeals for the Federal Circuit.

Heather is involved in all aspects of litigation, from initial pleadings through discovery, motion practice, negotiated resolution, trial, and any necessary appeals. Her extensive litigation experience gives her perspective on how best to achieve her clients’ goals in a cost-effective and positive manner, in even the most competitive of business environments.

Having obtained significant appellate victories, she can also provide clients with the insight and excellence to understand how to protect their significant legal victories. She has authored numerous articles detailing both litigation mechanics and emerging issues in litigation involving business clients and frequently leads seminars for human resource professionals in regard to cutting-edge human resources developments.

As a product of her significant experience, Heather is also an adjunct professor, currently teaching the bankruptcy litigation clinic at the University of St. Thomas Law School. This distinction recognizes the top up-and-coming attorneys and is awarded to no more than 2.5 percent of practicing attorneys in Minnesota. The 2014-2018 editions of Mpls.St.Paul Magazine also recognized Heather as one of the “Top Women Attorneys in Minnesota.”

Finally, for her work in 2016 and again in 2017 and as confirmation of her commitment to our firm’s pro bono mission, Heather has also received the North Star Lawyer distinction from the Minnesota State Bar, which recognizes Minnesota lawyers who have provided more than 50 hours of pro bono legal service to the community.

EXPERIENCE :

• Won appointment of a special receiver to control real property underlying a protracted partnership dispute by utilizing the new standards of the recently-amended Minnesota receivership statute.
• Successfully completed numerous, simultaneous foreclosures for our banking client, which foreclosures were required in regard to both urban and rural properties in Minnesota following the indictment and felony conviction of our client’s lending customer.
• Forced multiple arbitrations, both nationally and internationally, each involving the enforcement of contractual software obligations and stating seven-figure damages on behalf of our large, international corporate client.
• Regularly advise numerous long-term clients regarding varied employment law issues, including the drafting and implementation of employee policies and comprehensive employee handbooks, employee termination issues, and employee benefit programs.
• Lead investigative and recovery efforts, including all necessary insurance and regulatory reporting claims, for an employer in response to multiple instances of employee accountant embezzlement, resulting in complete recovery for the employer prior to the initiation of litigation.
• Obtained a full defense verdict through trial in a matter alleging our client’s mishandling of partnership funds and business and alleged minority shareholder oppression.
• Represented Eurofins Scientific SE in its $670 million acquisition of Covance Food Solutions from Laboratory Corporation of America Holdings (LabCorp). The transaction drew on the experience of Cozen O’Connor’s corporate, litigation, employee benefits and executive compensation, intellectual property, antitrust, and utility, environmental, and energy attorneys.

EDUCATION :

• Georgetown University Law Center, J.D., 2002
• Gustavus Adolphus College, B.A., 1999

BAR ADMISSIONS : Minnesota

COURT ADMISSIONS :

• Minnesota State Courts
• U.S. District Court – District of Minnesota
• U.S. Bankruptcy Court – Minnesota
• U.S. Court of International Trade
• U.S. Court of Appeals for the Eighth Circuit

AFFILIATIONS :

• Hennepin County Bar Association
• American Bar Association
• Minnesota Women Lawyers
• American Bankruptcy Institute