Marc R. Lieberman: Lawyer with Kutak Rock LLP

Marc R. Lieberman

Partner
Scottsdale,  AZ  U.S.A.
Phone(480)-429-7103

Peer Rating
 5.0/5.0
AV® Preeminent

Client Rating

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Practice Areas

  • Business and Corporate
  • Corporate and Securities
  • Commercial Lending - Banking
  • Commercial and Asset-Based Lending
  • Benefits Issues With Corporate Transactions
  • Fiduciary Issues and Plan Governance
  • Government Plans
  • Governmental Agency Defense
  • Government Contracts
  • Private Investment Funds
  • Distressed Investments
  • Exit Strategies and Execution
  • Fund Investment Activities
  • Fund Structuring
  • Real Estate Issues With REITs
  • Investment Management
  • Private Equity -- Mergers and Acquisitions
  • Representation of Limited Partners and Other Investors
  • Litigation
  • Real Estate Litigation
  • Business and Class Action Litigation
  • Government Disputes
  • ERISA and Benefits Litigation
  • Financial Institutions Litigation
  • Real Estate
  • Commercial Lending
  • Private Equity and Hedge Transactions
  • REITs -- Real Estate Investment Trusts
  • REITs-related Corporate and Securities Issues
 
University Indiana University, A.B., with Honors, 1980, National Winner, 1979 Moeller Prize for excellence in journalism
 
Law SchoolDePaul University College of Law, J.D., 1983 Notes Editor, DePaul Law Review
 
Admitted1983, Arizona; 1985, District of Columbia; 2011, Colorado; 2011, Texas
 
Memberships 

Memberships and Affiliations

•Certified Specialist in Real Estate Law, Arizona Board of Legal Specialization
•Member, Arizona Supreme Court Committee on Character and Fitness
•Arizona Court of Appeals, Judge Pro Tempore (1995-1998)
•State Bar of Arizona, past chair (Appellate Section), member (Real Property Section), faculty member (Professionalism Course)
•Past member, Arizona Commission on Judicial Performance
•Past member and past chair, Editorial Board, Arizona Attorney
•fellow, Arizona Foundation for Legal Services and Education
•Past master and past president, Thurgood Marshall Inn of Court
•Former faculty, Appellate Practice Institute
•Chair, Arizona Hate Crimes Task Force (1996-1998)
•Chair, Anti Defamation League, Arizona Regional Board (1999-2000)
•Chair, Civil Rights Committee, Arizona Chapter (1994-1998)
•Past president, Biltmore Kiwanis Club and Scottsdale Executive Association

Other Distinctions

Professional Designations:
The Best Lawyers in America (21 st Edition)
•Top AV Rated Lawyers in Labor & Employment (Martindale-Hubbell )
Arizona's Top Lawyers (since 2010)
Super Lawyers (since 2009) [cover story, 2009 Southwest Super Lawyers Magazine]
Arizona's Finest Lawyers (since 2011)
•Best Of The Bar, Ranking Arizona Magazine (since 2010)
•AV Rating (Preeminent, 5 out of 5), Martindale-Hubbell
Board Certified Specialist, Real Estate Law, State Bar of Arizona

Professional Distinctions:
•1997 Arizona Attorney General's Civil Rights Award
•1997 Central Arizona Hate Crimes Advisory Board Award
•1996 ADL Herb Brooks Community Leadership Award
•National Winner, 1979 Moeller Prize

Community Involvement

•Chair, Anti Defamation League, Arizona Regional Board (1999-2000)
•Chair, Civil Rights Committee, Arizona Chapter (1994-1998)
•Past president, Biltmore Kiwanis Club and Scottsdale Executive Association

 
BornChicago, Illinois, December 6, 1956
 
Biography

Mr. Lieberman, an AV-rated Super Lawyer and Chair of the firm's Public Pension and Alternative Investments Group, serves as outside counsel to numerous public pension plans, including the Public Safety Personnel Retirement System, the Elected Officials' Retirement Plan and the Corrections Officer Retirement Plan. He also serves as counsel for the City of Phoenix Employees' Retirement System, the Arkansas Teachers Retirement System, the Texas Municipal Retirement System, the City of Omaha Police Retirement System, the Illinois Pre-paid Tuition Trust Fund and other plans.

Transactions : A Board Certified Real Estate Specialist (State Bar of Arizona), Mr. Lieberman handles much of the legal work attendant to the extensive and varied investments of many of his public pension clients. He has personally negotiated and documented more than $2 billion in alternative investments for public pension systems. These transactions have been structured as private equity, hedge fund, beta overlay, portable alpha or investment management deals, and have targeted investments in commodities, credit opportunities, real assets, infrastructure, venture capital (all stages), real estate, timber, tax or environmental credit, fixed income, long/short, currency, TIPS, and other assets to numerous to mention. Mr. Lieberman has documented many other key contracts for public pension systems, including custody agreements, securities lending agreements, consultant and adviser agreements, brokerage agreements, and lender acknowledgments. He regularly issues enforceability opinions in connection with fund lender cash collateral agreements, and has drafted investment policies for several pension systems, as well as their ethics and fiduciary standards.

Litigation : Mr. Lieberman has prosecuted and defended numerous actions, prevailing in 58 of the 63 cases tried for just one of his clients. He obtained one of the largest settlements ever obtained by mediation in a securities case. In addition to the various public plans, Mr. Lieberman has represented numerous private pension plans in ERISA litigation, and obtained the first published decision in the Ninth Circuit that awarded a plan its fees against a benefit claimant, something unusual in benefit cases. Mr. Lieberman has successfully prosecuted and defended scores of appeals for various state agencies, municipalities and corporations in Arizona. Two of the arguments he presented were televised.

Pensions : Mr. Lieberman is a Chair of the firm's Public Pension Group, which represents plans in matters as diverse as class action defense, statutory drafting and interpretation, plan design, fiduciary and governance claims, administrative and employee disputes, tax compliance and securities matters, real estate, private equity, hedge and investment management transactions, appellate battles and federal, state and local litigation involving benefit claims. He has been a member of the National Association of Public Pension Attorneys for more than two decades, and regularly attends that body's meetings to stay apprised of all developments in the areas of public pension law and specifically, public pension investment law.

Open Meetings and Public Records: Mr. Lieberman is well versed in open meeting and public record law, including agenda, notice of meeting and ratification issues. He regularly drafts legislation and issues legal opinions for client agencies. The past and current administrators of several public pension systems have recognized him as one of the most knowledgeable and experienced public pension lawyer in this State.

Alternative Investments: Mr. Lieberman and his Public Pension/Alternative Investment Group have documented over $2 billion worth of private equity, hedge and investment management transactions, and over $1 billion worth of direct real estate transactions, for public retirement systems. Some of these transactions have been domiciled in Grand Cayman, Luxembourg, Scotland, Bermuda, BWI, Canada, Jersey, and other offshore centers. He has documented many portable alpha, beta overlay and other derivative transactions, as well as custody, securities lending, brokerage, consultant and adviser agreements, and regularly issues enforceability opinions in connection with cash collateral agreements required by fund lenders. He is responsible for SEC, ethics, fiduciary and compliance matters for several public pension systems, and designed many of their investment and ethics policies. Mr. Lieberman is charged with ensuring that the firm's public pension/alternative investments group delivers the most prompt and professional work product conceivable.

No public pension system has ever lost money as a result of documentation prepared by Kutak Rock.

Bar Leadership : Mr. Lieberman is the past Chair of the Appellate Section of the State Bar of Arizona and past Chair of the Editorial Board of Arizona Attorney Magazine. He is a former Judge Pro Tem on Department S of Division One of the Arizona Court of Appeals. He just retired as a Commissioner on the Arizona Judicial Performance Review Commission, and currently serves as a member of the Arizona Supreme Court Committee on Character and Fitness. He has been a presenter and panelist at appellate practice seminars and has served as a faculty member of the Arizona Appellate Practice Institute. Mr. Lieberman has lectured on public pension investment issues, and has written numerous articles on a wide variety of legal topics, including a book on consumer rights and remedies (Your Rights As A Consumer).

Community Leadership : Mr. Lieberman is active in his local community. Mr. Lieberman is past President of the Thurgood Marshall Inn of Court, the Biltmore Kiwanis Club and the Scottsdale Phoenix Executive Association. In addition, he served as Chair of the Arizona Hate Crimes Task Force, which was responsible for enacting Arizona's first hate crime laws aimed at levying harsher sentences on those committing crimes for discriminatory reasons. He previously served as Chair of the Arizona Regional Board of the Anti Defamation League and its Civil Rights Committee and is the Recipient of the Arizona Attorney General's Civil Rights Award.

Professional Publications:

• Modern Pension Fund Diversification, Journal of Asset Management, Vol. 15, issue 3, July 2014.
• From Sow's Ear to Silk Purse: Transformation of the Arizona Public Safety Personnel Retirement System, Benefits Magazine, June 2014.
• Impact of GASB's New Pension Rules on Government Bond Ratings, Pension & Investments magazine, April 14, 2014.
• Cities' Pension Obligations Get More Public Exposure Under New Rules, Arizona Capitol Times (January 2014).
• American Companies Abroad-Complying With The New U.K. Bribery Act, Arizona Attorney (March 2012).
• The Deal is in Delaware-Why Should I Demand Compliance with the UK Bribery Act?, February 2012 NAPPA Report.
• Need Business? Look Over Your Shoulder, Attorney at Law Magazine (January 2012).
• A U.K. Act's Impact on U.S. Investors, Pensions & Investments Magazine (December 26, 2011).
• Key Issues in Securing Investment Managers, Benefits Magazine (September 2011).
• The Forgotten Founder, Arizona Attorney (July 2011).
• The Necessity Of Investigating Investment Management, February, 2010 NAPPA Report.
• Social Security: Finding Ways to Fill the Gap, East Valley/Scottsdale Tribune (August 2005).
• The Jig Is Up! The Death of Gamesmanship, Arizona Attorney (March 2005).
• The $5,000 Complaint: Why the Rule in Creasy's Case May Signal Adoption of UPL Legislation, Arizona Attorney (June 2001).
• The Enemy Within: Detecting and Fighting Administrator Fraud, Arizona Attorney (January 2001).
Learned Hand for a Day: The Rewards of Division One's Pro-Tem Program, Arizona Attorney (June 1997).
• Your Rights as a Consumer: Legal Tips for Savvy Purchases of Goods, Services and Credit, Career Press (2d Ed.).
• The Case for Hate Crime Legislation, Arizona Attorney (March 1996).
• Eek! Run for Your Lives! It's the Equity Suckers! Don't Get Bitten by This Latest Bankruptcy Beast, Arizona Attorney (November 1993).
• The Refinancing Trap: The Hidden Peril of Refinancing Home Mortgage Debt, Arizona Attorney (May 1993).
• COLA Wars: The Ongoing Battle to Eliminate Cost-Of-Living Adjustments to the Pensions of Arizona Retirees, Arizona Attorney (June 1991).
• The Five Bases of Third-Party Lender Liability: Let the Lender Beware, Arizona Attorney (February 1991).
• Overtime Compensation v. Pension Benefits: Will Arizona Public Employees Be Denied One to Achieve the Other?, State Bar of Arizona CLE Monograph (1986).
• The Happy Demise of Constructive Incorporation, Arizona Bar Journal (October 1986).
Illinois Multi-State Plaintiff Class Actions: Abrogation of Jurisdictional Limitations on State Sovereignty, 31 DePaul Law Review 471 (1982).
• Model Uniform Rules of Local Board Procedure for the Public Safety Personnel Retirement System.
• Model Uniform Rules of Local Board Procedure for the Corrections Officer Retirement Plan.

Professional Lectures:

• Legal and Compliance Trends for Alternative Investments, Investment Trends Summit (September 2014).
• Options for Governments to Obtain Relief From Pension Liabilities Post Fields, Arizona League of Cities and Towns (August 2014).
• Legal Threats and Challenges for International Investment, NAPPA, June 2014.
• 'Salary' on Steroids, NAPPA (June 2013).
• Legal Threats And Challenges Facing Public Pension Systems, Phoenix, Arizona (February 2012).
• Issues In Securing New Investment Management, Las Vegas, Nevada (April 2011).
• Trustees' Duties Upon Discovery Possible Fraud, Las Vegas, Nevada (February 2006).
• Understanding Your Fiduciary Responsibility, Phoenix, Arizona (January 2006).
• Third Annual Supreme Court Review, State Bar of Arizona (April 2005).
• 2004 Appellate Highlights, Working With the Arizona Court of Appeals (November 2004).
• Land Use Law: Development, Regulation and Environmental Issues, CLE International (October 1997).
• The Reach of Impact Fees, National Conference, League of Cities (September 1997).
• Land Use Law: Development, Regulation and Environmental Issues, CLE International (December 1996).
• The Ethics of Life, Death, Care and Creation: A Roundtable of Bio Medical Ethical Conundrums, Seminar Chair (March 1991).
• The Inns and Outs of Appellate Special Actions, State Bar of Arizona Seminar on Working with the Arizona Court of Appeals (November 2006).

News

August 18, 2014 2015 Best Lawyers in America Recognizes 56 Kutak Rock Attorneys
Kutak Rock is pleased to announce that 56 of its attorneys are included in the 21st edition of The Best Lawyers in America publication.

April 29, 2014 Lasee and Lieberman Published in Pensions and Investments Magazine
Mark Lasee and Marc Lieberman, partners in the Scottsdale office of Kutak Rock LLP, recently published an editorial in Pensions and Investments online magazine about the impact of the Governmental Accounting Standards Board's (GASB's) new pension rules on government bond ratings.

April 14, 2014 Fears of New Pension Rules' Impact on Credit Ratings May Be Overblown
Kutak Rock is one of few law firms in the nation with a practice group devoted to Public Pension and Alternative Investments. The firm has earned widespread recognition for finding creative solutions to problems and unique needs of public pension plans. Attorneys Marc Lieberman and Mark Lasee have co-authored an editorial appearing in the April 2014 issue of Pensions and Investments Magazine, Impact of GASB's New Pension Rules on Government Bond Ratings, which discusses the fears and realities of the Governmental Accounting Standards Board's new pension reporting rules becoming effective June 15, 2014.

January 1, 2014 Marc Lieberman Appointed to Arizona Supreme Court Committee
Marc Lieberman, a partner at Kutak Rock LLP, has been selected by the Arizona Supreme Court to serve on the Court's Committee on Character and Fitness for the next three years, effective January 1, 2014.

March 1, 2013 First-in-Nation Judgment for Homeowners' Association

March 1, 2012 Does Your Business Comply With the UK Bribery Act? Marc Lieberman and Mark Lasee of the firm's Scottsdale office recently authored American Companies Abroad: Complying With the U.K. Bribery Act, which was published in the March 2012 edition of Arizona Attorney.

November 9, 2010 Super Lawyers Chooses Kutak Rock Western Attorneys

Publications

September 3, 2014 Modern Pension Fund Diversification
Marc Lieberman of the firm's Scottsdale office recently co-authored Modern pension fund diversification, which was published in the Journal of Asset Management, Vol. 15, issue 3, 2014.

Article

June 2, 2014 From Sow's Ear to Silk Purse: Transformation of the Arizona Public Safety Personnel Retirement System
Article

April 23, 2014 Impact of GASB's New Pension Rules on Government Bond Ratings
Marc Lieberman and Mark Lasee co-author Impact of GASB's New Pension Rules on Government Bond Ratings, which was published in the April 14, 2014 edition of Pension & Investments online newspaper.

Article

March 1, 2012 American Companies Abroad: Complying With the New U.K. Bribery Act
Lieberman and Lasee author American Companies Abroad: Complying With the U.K. Bribery Act, which was published in the March 2012 edition of Arizona Attorney.

Article

February 15, 2012 The Deal is in Delaware: Why Should I Demand Compliance With the UK Bribery Act?
Marc Lieberman authors The Deal is in Delaware: Why Should I Demand Compliance With the UK Bribery Act? which was published in the February 2012 issue of the NAPPA Report.

Article

January 15, 2012 Need Business? Look Over Your Shoulder
Marc Lieberman, a partner in the Scottsdale office of Kutak Rock LLP, has authored Need Business? Look Over Your Shoulder, which was published in the January 2012 issue of Greater Phoenix Attorney at Law Magazine .

Article

December 26, 2011 A U.K. Act's Impact on U.S. Investors
Marc Lieberman, a partner in Kutak Rock LLP's Scottsdale office, has co-authored A U.K. Act's Impact on U.S. Investors, which appears in the December 26, 2011 edition of Pensions&Investments newspaper.

Article

September 15, 2011 Key Issues in Securing Investment Managers
Marc Lieberman authors Key Issues in Securing Investment Managers, which was published in the September 2011 issue of Benefits Magazine.

Article

July 15, 2011 The Forgotten Founder
Marc Lieberman, a partner in the Scottsdale office of Kutak Rock LLP, has published The Forgotten Founder, which appears in the July/August 2011 edition of Arizona Attorney.

Article

February 15, 2010 The Necessity of Investigating Investment Management
Marc Lieberman and William Papazian have authored The Necessity of Investigating Investment Management, which was published in the February 2010 issue of the NAPPA Report.

Article (Certified Specialist, Real Estate Law, Arizona Board of Legal Specialization)

 
ISLN905446576
 


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Office Information

Marc R. Lieberman

8601 North Scottsdale Road
ScottsdaleAZ 85253-2738




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