Michael T.Marcucci (Mike)

Partner

Boston + 1.617.449.6887

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.

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.

Experience

  • U.S. Bank prevails on summary judgment in case alleging hundreds of millions of dollars in losses relating to residential mortgage-backed securitiesJones Day secured summary judgment on behalf of U.S. Bank National Association in a lawsuit seeking hundreds of millions of dollars in alleged losses concerning investments in certificates issued by residential mortgage-backed securities trusts for which U.S. Bank served as trustee.
  • Universities defend multidistrict putative class action litigation brought by former football playersJones Day is serving as lead counsel for all NCAA member institution defendants in a multidistrict litigation ("MDL") consolidating more than 500 putative class actions brought on behalf of former football players.
  • U.S. Bank prevails on appeal and obtains settlement in putative class action alleging tens of billions in class-wide losses in connection with residential mortgage backed securitiesJones Day represented U.S. Bank National Association in putative class actions filed in New York state court seeking tens of billions of dollars in alleged class-wide losses in connection with investments in certificates and notes issued by over 800 residential mortgage backed securities trusts for which U.S. Bank served as trustee.
  • U.S. Bank obtains another appellate victory in cases alleging hundreds of millions of dollars in losses relating to residential mortgage-backed securitiesJones Day successfully defended on appeal the dismissal of an action against U.S. Bank seeking hundreds of millions of dollars in alleged losses in connection with certificates issued by 32 residential mortgage backed securities trusts for which U.S. Bank serves as trustee.
  • U.S. Bank defeats appeal alleging hundreds of millions of dollars in losses related to residential mortgage backed securitiesJones Day successfully defended U.S. Bank National Association on appeal against an action seeking hundreds of millions of dollars in alleged losses in connection with certificates issued by 98 residential mortgage backed securities trusts for which U.S. Bank serves as trustee.
  • U.S. Bank defeats class certification in putative class action alleging billions in class-wide losses in connection with residential mortgage backed securitiesJones Day represented U.S. Bank N.A. in a putative class action seeking billions of dollars in alleged class-wide losses in connection with investments in notes issued by 25 residential mortgage backed securities trusts for which U.S. Bank served as trustee.
  • National bank resolves threat of service discontinuation by vendorJones Day represented a national bank in litigation brought by a vendor that provides armored car and other cash-in-transit services to the bank's branches and ATMs.
  • Jefferies finances AMAG Pharmaceuticals' acquisition of Cord Blood Registry®Jones Day advised Jefferies Finance LLC, as administrative agent, collateral agent, joint lead arranger and joint bookrunner, and Jefferies LLC, as representative of the initial purchasers, in connection with the $850 million in financing provided to AMAG Pharmaceuticals, Inc., a specialty pharmaceutical company with a focus on maternal health, anemia, and cancer supportive care, to finance a portion of its acquisition of Cord Blood Registry® (CBR®), a large stem cell collection and storage company.
  • Jefferies Finance provides $340 million financing to AMAG Pharmaceuticals for acquisition of Lumara HealthJones Day represented Jefferies Finance LLC, as administrative agent, collateral agent, sole lead arranger, and bookrunner, in connection with a $340 million term loan financing provided to AMAG Pharmaceuticals, Inc., a specialty pharmaceutical company, for the acquisition of Lumara Health Inc.
  • Dr. Reddy's Laboratories successfully defends against allegations of "pay for delay" in multidistrict antitrust class action litigationJones Day represented Dr. Reddy's Laboratories, Ltd. and Dr. Reddy's Laboratories, Inc. in a multidistrict class action litigation.
  • Genzyme and its officers obtain dismissal of purported securities fraud class actionOn June 5, 2014, the First Circuit upheld the dismissal of claims against Jones Day clients Genzyme Corporation and six current and former officers of Genzyme ("Genzyme") in a securities fraud class action.
  • USI Insurance Services acquires certain insurance brokerage assets from Wells Fargo InsuranceJones Day advised USI Insurance Services in the acquisition of 42 insurance brokerage and consulting locations owned by Wells Fargo Insurance, part of Wells Fargo & Company.
  • High-figure settlement is obtained by paraplegic who developed life-threatening pressure ulcers during his incarcerationJones Day's Boston office obtained a $275,000 settlement for pro bono client Michael Black, a paraplegic, in a case involving the treatment of pressure ulcers on his buttocks.
  • Jones Day persuades a federal judge to equitably toll the statute of limitations in a Federal Tort Claims Act case, prompting a settlementJones Day’s Boston office obtained a favorable ruling in federal court for pro bono client Michael Black.
  • Attachmate granted motion to dismiss in shareholder suit alleging violations of securities laws and aiding and abetting breach of fiduciary dutyJones Day represented Attachmate, Inc. and Novell, Inc. in putative shareholder class actions filed in the Delaware Court of Chancery and the U.S. District Court for the District of Massachusetts, arising out of Attachmate's acquisition of Novell in a transaction valued at approximately $2.2 billion.
  • The Commerce Insurance Company prevails in business torts and breach of contract case involving claims of unfair trade practicesOn December 15, 2011, the Business Litigation Session of Suffolk Superior Court entered summary judgment for The Commerce Insurance Company, represented by Jones Day, on all counts of a complaint brought by a former Exclusive Representative Producer (agent) in an action involving claims of unfair and deceptive trade practices and breach of contract.
  • GMAC Mortgage defends against Unfair and Deceptive Practices lawsuitJones Day is representing GMAC Mortgage LLC in unfair and deceptive practices claims brought by the Attorney General of Massachusetts under Chapter 93A arising out of certain mortgage foreclosures carried out on behalf of GMAC LLC.
  • Technology company disputes severance claims from former CEO and CFOJones Day represented a technology company in disputes with its former CEO and former CFO arising out of the executives’ alleged misconduct and their claims for severance.
  • Financial services company disputes entitlement claim to severance benefits under ERISA planOn behalf of a financial services company, Jones Day led a 7-day bench trial in U.S. District Court involving a dispute over entitlement to severance benefits under an ERISA "top hat" plan.
  • 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.

  • Speaking Engagements

    • 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
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