Damien Marshall

• Defense of HSBC in a series of civil litigations and government investigations relating to its RMBS issuance business
• The successful representation of American Express in its antitrust case against Visa and MasterCard, in which American Express recovered a record-breaking $4 billion
• Successful defense of DraftKings in a class action challenging the use of the college athlete statistics in daily fantasy sports contests
• Leading defense of DraftKings in MDL proceedings challenging the legality of daily fantasy sports
• Leading defense of HSBC in MDL proceedings alleging antitrust and Commodity Exchange Act violations involving the precious metals markets
• Leading defense of Ripple Labs in a federal securities class action alleging sale of an unregistered security

Damien Marshall is a partner in the Trial and Global Disputes Practice Group and Co-Head of the Firm’s Business Litigation Practice.  His practice focuses on the resolution of complex business disputes over a broad range of substantive areas, including corporate governance and shareholder disputes, antitrust, securities, consumer protection and general commercial disputes.  Damien has extensive experience representing clients on a broad range of litigation and regulatory matters with particular emphasis on defending financial institutions and technology companies in class action and MDL proceedings.  

Damien has successfully represented clients in significant matters for more than 20 years, including: American Express in antitrust litigation against Visa and MasterCard, in which American Express recovered a record breaking $4 billion; BNY Mellon in a RICO suit  brought by the Russian Federal Tax Authority and venued in the Russian Arbitrage Court where BNY Mellon resolved the matter for less than 1 percent of claimed damages; DraftKings in a class action lawsuit challenging the use of college athlete statistics in daily fantasy sports contests, where DraftKings obtained summary judgment; DraftKings in MDL proceedings challenging the legality of daily fantasy sports, where the matter was resolved for play credits; Ripple Labs in a federal securities class action alleging the sale of an unregistered security where Ripple obtained summary judgment; HSBC in all civil litigation related to its RMBS issuance business; and Goldman Sachs in a partnership dispute in which Goldman Sachs obtained a complete defense victory after an arbitration hearing.  

Currently, Damien’s disclosable work includes representation of: Madison Square Garden in litigation and administrative matters; EarthLink LLC in a partnership dispute with Charter Communications; a group of 14 hospital systems in antitrust litigation against Blue Cross Blue Shield; and Ripple Labs in numerous matters. 

Damien regularly practices before federal and state courts throughout the nation.  His clients include large global financial institutions, as well as companies in the media and entertainment space, technology companies, Fintech companies, hedge funds and private equity funds.

Regardless of the client or forum, Damien focuses on achieving his client’s legal and business goals in an efficient and effective manner.  Damien is recognized by The Legal500 for his general litigation practice and GAR for his antitrust practice. In addition to his dispute resolution practice, Damien provides risk analysis and advice to clients regarding potential exposures and risk mitigation strategies.