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Robert R. Marcus

Robert R. Marcus

Partner in Charge

T (704) 384-2630
F (704) 384-2910
Overview

Rob Marcus is an experienced trial attorney, the immediate past Chairman of the firm's Management Committee, former Litigation Practice Area Co-Leader, and one of the founding partners of the firm's Charlotte office. Over the last 20 years, Rob has developed a diverse litigation practice, giving him a wide range of trial experience in high-stakes, complex business disputes. He has litigated significant cases involving intellectual property, securities and financial disputes, insurance coverage matters, contract enforcement, and class actions and personal injury claims. Rob has litigated matters throughout the state and federal courts in North Carolina, with significant experience in litigating in the North Carolina Business Court.

Rob has been consistently recognized for his litigation skills in Chambers and Partners, Best Lawyers in America, Business North Carolina’s Legal Elite, and Super Lawyers in the areas of business litigation, general commercial litigation, and class action defense, among other areas. Many of Rob's cases have been featured in local and national publications. Rob is also a frequent speaker and commentator on issues relating to business litigation and the North Carolina Business Court.

Super Lawyers
Super Lawyers
Super Lawyers
Achievements
  • Recognized by Chambers and Partners, USA, as one of North Carolina Leaders, Litigation: General Commercial (2012-2016)
  • North Carolina Super Lawyers, Listed Business Litigation (2006-2017)
  • Selected to Super Lawyers Business Edition list, Business Litigation (2013-2015)
  • Listed, The Best Lawyers in America® (Woodward/White, Inc.), Commercial Litigation, Mass Tort Litigation, Litigation-Real Estate, Litigation-Securities , Mass Tort Litigation/Class Actions-Defendants, Litigation-Banking & Finance, listed more than 10 years
  • Business North Carolina's Legal Elite, Litigation (2013-2015)
  • Martindale-Hubbell's top ("AV") Peer Review Rating *
  • Selected by Charlotte Business Leader Magazine as a 2008 Impact Law Leader

* CV, BV, and AV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedure's standards and policies.

Experience

Representative Work

  • Lead counsel for life insurance company in claims for class certification in first motion to dismiss argued under SLUSA after the landmark Supreme Court decision in Chadbourne & Parke v. Troice. Reittinger et. al. v. The Lincoln National Life Insurance Company (M.D.N.C. 2013 – present)
  • Lead trial and appellate counsel for the City of St. Petersburg, Florida, in prosecution of claims relating to  losses resulting from Lehman Brothers bankruptcy. City of St. Petersburg, Florida v. Wells Fargo Bank, N.A. (M.D. Fla.) (11th Cir.) (2010-2013)
  • Lead counsel for Charlotte-Mecklenburg Hospital Authority in prosecution of claims involving multi-million dollar contract between Hospital and County for provision of certain medical services.
    Charlotte-Mecklenburg Hospital Authority v. Mecklenburg County (N.C. Sup. Ct.) (2011-2012)
  • Local counsel for US Airways in prosecution of labor claims under Railway Labor Act.
    US Airways, Inc. v. US Airline Pilots Association, et. al. (W.D.N.C.) (2011-2012)
  • Lead counsel for Hospital in prosecution of claims relating to losses resulting from investment in structured investment vehicle.
    Charlotte-Mecklenburg Hospital Authority v. Wachovia Bank, N.A. (N.C. Business Ct.) (2007-2011)
  • Lead counsel for US Airways in putative, nationwide class action relating to claims of breach of contract and unfair and deceptive trade practices.
    Hapgood v. US Airways, Inc. (W.D.N.C.) (2011)
  • Lead trial and appellate counsel in defense of claim challenging the enforceability of a liquidated damages provision in a mortgage loan commitment.
    Ladco Properties XVII, L.L.C. v. Jefferson–Pilot Life Insurance Company (S.D. Iowa) (8th Cir.) (2006 -2008)
  • Counsel for insurer in coverage dispute relating to alleged losses tied to collapse of Enron Corp. and WorldCom.
    Bank of America v. Swiss Re International (N.C. Business Ct.) (2005-2007)
  • Lead trial and appellate counsel in prosecution of claims relating to testamentary powers and tort claims.
    Klinger v. SCI Corp. (N.C. Sup. Ct.) (N.C. Ct. App.) (N.C. Supreme Ct.)  (2005-2007)
  • Lead trial and appellate counsel for prospective property owner with respect to development of site for baseball stadium in downtown Greensboro.
    Petitioners Committee for Downtown Baseball, LLC v. City of Greensboro and Downtown Renaissance, LLC Baseball Stadium (N.C. Sup. Ct.) (N.C. Ct. App.) (N.C. Supreme Ct.) (2005-2007)

Reported Appellate Decisions

  • Redmond v. Green Tree Servicing, LLC,  941 F.Supp. 2d 694 (E.D.N.C. 2014), aff’d per curiam,  __ F. 3d ___ (4th Cir. 2015).
  • Henson v. Green Tree Servicing, 197 N.C.App. 185 (2009)
  • Ladco Properties XVII v. Jefferson-Pilot, 531 F.3d 718 (2008)
  • Klinger v. SCI, 362 N.C. 472 (2008)
  • Caudill v. Board of Adjustment for the City of Greensboro,166 N.C.App. 279 (2004)
  • Guilford Financial Services v. City of Brevard, 150 N.C.App.1 (2002)
  • Singleton v. Sunset Beach, 147 N.C.App. 736 (2001)
  • Phillips v. Restaurant Management, 146 N.C.App. 203 (2001)
  • Romig v. Jefferson-Pilot Life Insurance, 351 N.C. 349 (2000)
  • Piland v. Hertford County, 141 N.C.App. 293 (2000)
  • Romig v. Jefferson-Pilot Life Insurance, 132 N.C.App. 682 (1999)
  • Brown & Williamson Tobacco Corp. v. FDA, 153 F.3d 155 (1998)
  • Taylor v. Nationsbank, 125 N.C.App. 515 (1997)


* Past success does not indicate the likelihood of success in any future legal representation.

Thought Leadership

Published Works

  • "The Fall-Out from the Financial Crisis: LIBOR, Bid-Rigging, and Securities Lending," The Journal of Local Government Law, January/February 2013.
  • "Pitts and its Progeny:  The Uncertain State of Class Action Law in North Carolina," Antitrust News, June 2004

Presentations

  • "The Key to Success is Knowing What Comes Next: Top Trends and Changes in the Law that Your Firm Should be Preparing for Now,"  FDCC/IADC Joint Conference on Law Firm Management, May 2015
  • "Helpful Hints for Drafting Forum Selection Clauses and Integration Clauses to Avoid Litigation,"  Association of Corporate Counsel, May 22, 2014
  • "Who's Responsible for Your Investment Losses: The Fallout from the Financial Crisis," International Municipal Lawyers Association, Mid-Year Seminar, 2010
  • Life Insurance Litigation, "Emerging Trends in Life Insurance Litigation and E-Discovery," Association of Fraternal Benefits Counsel, Annual Meeting, June 12, 2008
  • E-Discovery, "Ethics in the Electronic Age:  Surviving and Thriving in Today's Electronic Environment," North Carolina Bar Association, Litigation Section Annual Meeting, April 26, 2008
  • Class Action Litigation, "The Changing Landscape of Consumer Class Actions:  An Overview of the Class Action Fairness Act of 2005 and Class Actions Under North Carolina Chapter 75," North Carolina Bar Association, April 22, 2005
  • Appellate Advocacy, "State and Federal Appellate Practice," Program Planner, North Carolina Bar Association, February 4, 2004
  • Appellate Advocacy, "An Overview of the North Carolina Rules of Appellate Procedure: – What You Don't Know Can Hurt You," North Carolina Bar Association, November 15, 2002
  • Land Use Litigation, "Zoning and Restrictive Covenant Litigation," North Carolina Bar Association, March 1, 2002
  • Commercial Real Estate, "Adequate Public Facility Ordinances," North Carolina Bar Association, October 22, 1999
News

News

Education
  • Hamilton College, B.A., cum laude, 1990
  • Duke University School of Law, J.D., with honors, 1993
Admissions
  • United States Court of Appeals, Eighth Circuit, 2007
  • United States Court of Appeals, Eleventh Circuit, 2012
  • United States Court of Appeals, Fourth Circuit, 1997
  • North Carolina, 1993
  • United States District Court, Middle District of North Carolina, 1993
  • United States District Court, Eastern District of North Carolina, 1995
  • United States District Court, Western District of North Carolina, 2003
Affiliations
  • American Bar Association
  • North Carolina Bar Association
  • North Carolina Association of Defense Attorneys
  • Defense Research Institute
  • Federation of Defense and Corporate Counsel
  • Litigation Counsel of America
Academic Honors
  • Bidlake Award (Excellence in Legal Research & Writing), Duke University
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