Martin L. Seidel

Phone212 504 5643

Peer Rating
 5.0/5.0
AV® Preeminent

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Practice Areas

  • Antitrust
  • Antitrust Litigation & Civil Investigations
  • Commercial Litigation
  • Corporate & Securities Litigation
  • Securities Enforcement & Investigations
  • Corporate Governance
  • International Litigation
  • Investment Management Litigation
  • Litigation
 
University University of Wisconsin-Madison, B.A., magna cum laude, 1987
 
Law SchoolColumbia Law School, J.D., 1990 Managing Editor of the Columbia Journal of Transnational Law, Harlan Fiske Stone Scholar
 
Admitted1991, New York; Michigan; U.S. Court of Appeals, 2nd Circuit; U.S. Court of Appeals, 3rd Circuit; U.S. Court of Appeals, 11th Circuit; U.S. District Court, Eastern District of Michigan; U.S. District Court, Eastern District of New York; U.S. District Court, Southern District of New York
 
Biography

Martin Seidel focuses on complex commercial litigation and arbitration, with an emphasis on multiparty class and derivative suits and corporate control contests.

He is experienced in all aspects of shareholder and commercial litigation, internal corporate investigations, governmental investigations, and regulatory proceedings. He has represented underwriters, investment advisers, issuers, and corporate directors and officers in state and federal courts throughout the United States, arbitral tribunals in the U.S. and Europe, and before the U.S. Securities and Exchange Commission, FINRA, the U.S. Department of Justice, the U.S. Federal Trade Commission, as well as in investigations by state and federal prosecutors and state Attorneys General throughout the U.S. Martin has represented key players in the highest profile corporate governance and securities litigations and investigations of the past decade, including the Bear Stearns Hedge Fund Litigations, Refco/SphinX Funds, Fletcher Asset Management, Adelphia, Enron, Interstate Bakeries, Hollinger, and HealthSouth.

Martin received his B.A., magna cum laude, from the University of Wisconsin and his J.D. from Columbia Law School, where he was managing editor of the Columbia Journal of Transnational Lawand a Harlan Fiske Stone Scholar. He has been recognized as a leading securities litigator and a future star by New York Super Lawyers, the Legal 500 U.S. Volume III Litigation and Benchmark Litigation. Martin has published articles and spoken on corporate governance, securities litigation, directors and officers insurance and complex litigation. He is a member of the American Bar Association and the Committee on Securities Litigation of the New York State Bar Association.

Experience

• Walkers Fund Services and two independent directors of the Bear Stearns High Grade Structured Credit Strategies Fund in class action and derivative litigation arising out of the collapse of two multibillion dollar hedge funds

• Successfully defended Richard N. Perle in connection with litigations and investigations in the United States and Canada arising out of allegations that Conrad Black and others looted over $450 million from Hollinger International, Inc., the publisher of the Chicago Sun-Times and London Sunday and Weekly Telegraph. All investigations were dropped without any action against Mr. Perle and all civil claims were dismissed

• Successfully defended Pfizer, Inc. in a securities fraud class action alleging that Pfizer concealed the failure of an experimental cardiovascular medicine as part of a scheme to prop up its stock price. All claims dismissed on motion to dismiss

• Pfizer in connection with consolidated securities and ERISA class actions arising out of Pfizer's alleged failure to disclose certain cardiovascular risks associated with Celebrex and Dextra

• The Board of Directors of Pfizer in connection with shareholder derivative litigation alleging that Pfizer's Board breached its fiduciary duty by failing to prevent off-label marketing of certain blockbuster drugs which had resulted in Pfizer paying a $2.3 billion civil and criminal penalty

• Martha Stewart in lawsuits brought by SEC and shareholders in Martha Stewart Living Omnimedia in connection with alleged insider trading of stock of ImClone Systems, Inc.

• Five outside directors of HealthSouth, Inc. in connection with securities fraud, breach of fiduciary duty, ERISA, and tax claims arising out of accounting fraud allegedly perpetrated by former CEO, Richard Scrushy and others

• Merrill Lynch & Co. in securities class actions and other lawsuits arising out of Merrill Lynch's role as managing general partner in two multibillion dollar private equity funds sponsored by the Thomas H. Lee Company

• Deutsche Bank Securities, Inc. in litigation arising out of allegedly illegal naked short selling activities

• MasterCard International in connection with investigations and lawsuit brought by the Antitrust Division of the U.S. Department of Justice alleging that MasterCard and Visa conspired to restrain trade in the U.S. credit card marke

• Major prime broker and portfolio manager in SEC and New York State Attorney General investigations arising out of allegedly illegal market timing and late trading of mutual funds

• Conseco, Inc. in litigation and arbitration against Donald Trump over ownership of the General Motors Building

• Coca Cola in litigation and arbitrations brought by PepsiCo arising out of Coca Cola's acquisition of former Pepsi bottling operations in South America

• Two independent directors of Sensormatic in class action securities fraud litigation

 
ISLN903868639
 

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M&A Update: Delaware Court Upholds Sotheby’s Poison Pill Defense Against Activist Citing “Negative Control” as a Corporate Threat
Jason M. Halper,Gregory A. Markel,Braden McCurrach,William P. Mills,Martin L. Seidel, May 7, 2014
In a May 2, 2014 ruling relating to activist hedge fund Third Point LLC’s proxy battle with auction house Sotheby’s, the Delaware Chancery Court found that Third Point was not likely to succeed in its argument that the Sotheby’s board violated its fiduciary duties when it adopted...

Chancery Court Provides Another Lesson for a Reasonable Sale Process
Jason M. Halper,William P. Mills,Martin L. Seidel, May 2, 2014
In a recent decision, Chen v. Howard-Anderson, the Delaware Chancery Court once again questioned the reasonableness of how a board conducted the sale of a company when it permitted stockholder claims to go to trial. The decision provides yet another reminder—if one is needed—that boards...

First Amendment and Off-Label Promotion - Prosecute What I Do, Not What I Say
Bret A. Campbell,Jason Jurgens,Adam S. Lurie,Brian T. McGovern,Martin L. Seidel, April 23, 2014
On December 3, 2012, the United States Court of Appeals for the Second Circuit vacated the conviction of Alfred Caronia (“Caronia”), who had been tried and convicted of participating in an unlawful conspiracy to introduce a misbranded drug into interstate commerce in violation of the...



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Martin L. Seidel


New YorkNY 10281-0006




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