Michael T. (Mike) Marcucci is an experienced, first-chair trial lawyer who has advocated on behalf of clients facing complex, often novel, financial and corporate governance issues. He has tried matters concerning misappropriation of corporate opportunities, breach of fiduciary duty, fraudulent conveyance, unfair and deceptive trade practices, ERISA, executive severance agreements, and bond trading.
Mike has served as a first chair in a bankruptcy adversary proceeding and a contested corporate dissolution hearing. He has considerable experience litigating matters involving structured financial products and the duties of indenture trustees.
Mike has argued a number of dispositive motions, including motions to dismiss in securities class actions, merger disputes, and RMBS litigation, and taken or defended dozens of depositions.
He has tried an ERISA case to a successful verdict, winning a judgment that the client’s board of directors had discretion to decide the claimant’s entitlement to benefits. Mike has litigated matters involving residential mortgage-backed securities, antitrust, corporate governance, accounting fraud, and minority shareholder rights.
In addition to his trial practice, Mike represents companies and individuals facing government investigations, often involving complex financial instruments or products, including foreign currency trading, insider trading, mutual fund trading, and stock options.
Mike is a member of the Boston Bar Association and was formerly co-chair of its Securities Litigation and Enforcement Committee. He is active in his hometown of Medfield, Massachusetts, currently serving as a member of the Board of Selectmen and formerly as chairman of the Warrant Committee.
- Boston College (J.D. summa cum laude 2001; Order of the Coif; Managing Editor, Boston College Law Review);
- Harvard University (B.A. magna cum laude 1998)
- New York,
- U.S. Courts of Appeals for the First and Second Circuits, and
- U.S. District Court for the District of Massachusetts
- Law Clerk to the Honorable Kenneth F. Ripple,
- U.S. Court of Appeals, Seventh Circuit (2001-2002)
- U.S. Bank defeats appeal alleging hundreds of millions of dollars in losses related to residential mortgage backed securities
- Universities defend multidistrict putative class action litigation brought by former football players
- Jefferies finances AMAG Pharmaceuticals’ acquisition of Cord Blood Registry®
- Jefferies Finance provides $340 million financing to AMAG Pharmaceuticals for acquisition of Lumara Health
- Dr. Reddy’s Laboratories successfully defends against allegations of “pay for delay” in multidistrict antitrust class action litigation
- Genzyme and its officers obtain dismissal of purported securities fraud class action
- USI Insurance Services acquires certain insurance brokerage assets from Wells Fargo Insurance
- Jones Day persuades a federal judge to equitably toll the statute of limitations in a Federal Tort Claims Act case, prompting a settlement
- Attachmate granted motion to dismiss in shareholder suit alleging violations of securities laws and aiding and abetting breach of fiduciary duty
- GMAC Mortgage defends against Unfair and Deceptive Practices lawsuit.
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