Marc D. Ashley

Partner
Norton Rose Fulbright US LLP

New York
United States
T:+1 212 408 5194
New York
United States
T:+1 212 408 5194
Marc D. Ashley

Marc D. Ashley

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Biography

Marc Ashley is a partner in Norton Rose Fulbright's Commercial Litigation group.  A seasoned litigator with over 20 years of experience, Marc has represented domestic and foreign clients, including companies, individuals, and directors and officers, in various types of complex, high-stakes and bet-the-company litigation.  Marc's practice focuses on bankruptcy litigation, in which he has represented creditors' committees and other estate fiduciaries, securities and derivative litigation, antitrust class action litigation, and other business-related disputes. Marc has first- or second-chaired more than a dozen trials and arbitrations, and has substantial regulatory investigation experience, across a wide range of clients from diverse industries.


Professional experience

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JD, cum laude, Boykin C. Wright Memorial Prize, Ames Moot Court Competition finalist, Editor, Journal on Legislation, Harvard Law School, 1994
MA, with distinction, Columbia University, 1989
Visiting student, Hebrew University of Jerusalem, 1986
BA, magna cum laude, University of Pennsylvania, 1985

Marc is admitted to the United States Court of Appeals for the Second Circuit, the United States District Court for the Southern District of New York, and the United States District Court for the Eastern District of New York.

  • New York State Bar
  • Represented the court-appointed Examiner in the bankruptcy of Residential Capital, LLC; helped manage investigation of fraudulent transfer, fiduciary duty, and related claims.
  • Represented the Creditors' Committee in investigating and pursuing certain claims arising out of the bankruptcy of the Tribune Company.
  • Represented financial advisory firm AMA Capital Partners, LLC in restructuring-fee litigation related to the bankruptcy of Tidewater Inc.
  • Represented Mercuria Energy Group, one of the world's largest independent energy and commodity companies, as DIP lender in the bankruptcy of Aegean Marine Petroleum.
  • Represented the liquidators of a foreign telecommunications company in a bankruptcy adversary proceeding against private equity firms and other defendants.
  • Represented the BVI-based joint liquidators of a financing subsidiary for Brazilian group of companies in a Chapter 15 bankruptcy case; conducted evidentiary recognition hearing.
  • Represented a major bond insurer in an adversary proceeding in the municipal bankruptcy case of the City of Detroit, Michigan.
  • Represented NextEra Energy as a potential purchaser of substantial assets in the bankruptcy of Energy Future Holdings Corp.
  • Represented an original equipment manufacturer in the bankruptcy of Takata Corporation.
  • Represented defendants in litigation related to the bankruptcy of Ultrapetrol (Bahamas) Limited.
  • Represented officers and directors of telecommunications company in multi-jurisdictional shareholder derivative litigation.
  • Represented officers and directors of telecommunications company in securities fraud class action litigation and related regulatory proceedings; helped negotiate $2.5 billion cross-border class action settlement.
  • Represented financial advisor in investment advisory fee dispute; first-chaired trial and negotiated favorable settlement.
  • Represented telecommunications company in $100 million securities fraud action; obtained dismissal of all claims in federal district and appellate courts.
  • Represented automotive parts manufacturer and certain officers and directors in securities, ERISA and derivative litigation; helped negotiate class action settlement in context of bankruptcy proceedings.
  • Represented officers and directors of a China-based aquaculture company in securities class action and related shareholder derivative litigation.
  • Represented European paper manufacturer in federal and state antitrust class action litigation; obtained dismissal of all actions.
  • Represented reinsurer in complex insurance action; obtained federal appellate court affirmance of dismissal of fraud and RICO claims.
  • Represented building products manufacturer in securities fraud class action litigation.
  • Represented European carbon products manufacturer in antitrust class action litigation.
  • Represented pharmacy benefit manager in antitrust class action litigation.
  • Represented European air cargo carrier in antitrust class action litigation.
  • Represented bar review provider in antitrust class action litigation.
  • Represented electronic equipment manufacturer in securities fraud class action litigation.
  • Represented media company in expedited exchange offer litigation.
  • Represented chemical products manufacturer in expedited merger litigation.
  • Represented workers of several New York City restaurants in pro bono wage and hour litigation, helping to secure favorable settlements of claims in a series of cases.
  • Community Service Award, Urban Justice Center’s Community Development Project, 2014
  • "Bankruptcy Litigation: Overview and Recent Developments," AICPA Forensic and Valuation Services Conference, Las Vegas, NV, November 10-12, 2013