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, the Employee Retirement Income Security Act (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 residential mortgage-backed securities (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.
Mike has considerable experience in New York courts, including the Supreme Court Commercial Division, Appellate Division, First Department, and the SDNY (Southern District).
Mike is active in his hometown of Medfield, Massachusetts, where he is chairman of the town's Affordable Housing Trust, and was formerly a member of the Board of Selectmen. He is also a member of the Legal Advisory Council of the Academic Freedom Alliance and a director of the Abigail Adams Institute.
The following represents experience prior to joining Jones Day:
Lead trial lawyer representing the 50% shareholder in an action brought by the other 50% shareholder alleging, inter alia, breach of fiduciary duty. Handled evidentiary hearing on corporate dissolution and successfully defeated a motion for a preliminary injunction.
Represented a broker-dealer in a Financial Industry Regulatory Authority (FINRA) arbitration with a former senior executive including alleged breach of contract, breach of fiduciary duty, and breach of a severance agreement.
Represented a German manufacturer in a contract dispute with a U.S. broker arising out of a client's acquisition of a Slovakian manufacturer.
Represented a hedge fund in federal civil and criminal investigations concerning market timing and so-called "late" trading.
Represented a technology company in government investigations and private class and derivative actions regarding alleged stock option "backdating."
Represented a broker-dealer in a breach of contract action alleging nondelivery of securities; second chaired jury trial in Federal District Court.
Represented a mutual fund adviser and distributor in government investigations regarding market timing and associated private litigation.
Represented an individual in an SEC insider trading investigation.
Conducted internal investigations of alleged insider trading on behalf of a publicly traded financial services company and of alleged malfeasance by the former CEO of a broker-dealer.
- November 6, 2018
Sufficiently Conspicuous? Enforcing Online Arbitration Agreements
- October 19, 2016
Litigation Considerations in Drafting Contracts
- April 24, 2014
Closely Held Business Disputes: Legal Issues and Practical Considerations for Litigation and Negotiation, Boston Bar Association
- 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)
- Massachusetts, New York, U.S. Courts of Appeals for the First and Second Circuits, and U.S. District Courts for the District of Massachusetts and Southern District of New York
Massachusetts Super Lawyers (2015-2019)
New England Super Lawyers (2013-2014), including recognized as a"Rising Star" (2008-2012)
The Best Lawyers in America in commercial litigation (2023)
- Law Clerk to the Honorable Kenneth F. Ripple, U.S. Court of Appeals, Seventh Circuit (2001-2002)