About Marbury

Marbury's practice involves representation of public companies and their officers and boards in connection with corporate governance matters and securities litigation, representation of health care clients in antitrust matters and medical staff disputes, antitrust litigation and representation of clients in a broad range of commercial litigation and bankruptcy matters.  He has a wide range of litigation experience including class actions, derivative suits, RICO claims, government (SEC, FTC and Department of Justice) investigations, arbitration and mediation.  He has litigated cases involving, among other things, mergers, joint ventures, accounting restatements, accounting malpractice, breach of fiduciary duty, employment disputes and restrictive covenants, fraud, misappropriation of corporate opportunities, misappropriation of trade secrets, insurance coverage issues, and disputes involving breach of contract and commercial torts. Marbury also frequently serves as an expert on corporate governance issues and standards of care involving claims against attorneys for malpractice and for awards of attorneys' fees.

Representative Engagements

  • Represent international wine broker in action involving alleged sale of counterfeit wines
  • Represent public company in action against former Senior V.P. for breach of fiduciary duty for conflicting interest transaction
  • Served as Expert Witness on issues of ethics and standards of care in attorney malpractice action.
  • Represent officers and directors of private and public companies in derivative actions and actions by bankruptcy trustees alleging breach of duties owed to the companies and creditors.
  • Represent international manufacturers of optical fiber in trade secret litigation.
  • Represent buyers and sellers in actions against sellers of merged or acquired companies for breach of representations and warranties.
  • Represent public company in insurance coverage litigation against D&O insurance company.
  • Consult with management and board of a public company regarding malpractice action against outside auditors as a result of restatement.
  • Represent agricultural chemical supplier in antitrust action against a larger competitor for monopolization arising out of private branding, patent issues and full-line forcing.
  • Represent bankrupt public company in action against merger partner for breach of fiduciary duties and breach of contract and defended counterclaim for securities fraud based on revenue recognition and other financial statement issues.
  • Represent bankrupt public company in action by D&O insurer to collect retainage following settlement of securities fraud claims.
  • Represent banks in a wide-range of actions against debtors and borrowers and in defending actions involving allegations of breaches of duties and fraudulent conveyances.
  • Represent outside directors of public company in securities class actions and state and federal derivative actions.
  • Represent closely held corporation and management in connection with law suit between former owners and venture capital firms/majority shareholders over the terms of the venture capital investment agreement.
  • Represent former non-executive chairman of public company in securities fraud, derivative and D&O insurance rescission actions.
  • Represent former CFO of public company in stock option back dating investigation and related litigation.
  • Represent public company and its board in connection with implementation of Sarbanes-Oxley compliance requirements.
  • Represent former CEO of closely held corporation in connection with allegations of breach of fiduciary duty by minority shareholders.
  • Represent insurance agency in actions by customer alleging breach of fiduciary duty in policy selection.
  • Represent partners in major accounting firm in action brought by former firm alleging breach of restrictive covenants and breach of fiduciary duty.
  • Represent former Chairman and CEO of a public company in securities fraud class actions, state and federal derivative actions, SEC enforcement action and D&O insurance rescission actions.
  • Represent NFL player agent and agency in action brought by former employer for breach of fiduciary duty and for commissions earned on player contracts.
  • Represent minority shareholder of a large closely held corporation in action against majority shareholder for breach of fiduciary duty and misappropriation of corporate assets.
  • Represent pension fund in malpractice claim against former actuary.
  • Represent public company in actions against former CEO for breach of duties to corporation and in pursuit of fraudulently transferred assets.
  • Advise numerous hospitals regarding antitrust issues in connection with mergers and various joint ventures.
  • Represent public hospitals in physician staff privileges actions.
  • Represent senior vice president of marketing of publicly held corporation in SEC and United States attorney investigations and civil actions arising out of a financial restatement over revenue recognition issues.
  • Represent insurance agency in action alleging fraud and RICO violations in sale of insurance products.
  • Represent real estate developers in dispute with partners and investors.

Professional and Civic Involvement

  • Serves as the Firm's General Counsel
  • Georgia Justice Project - Director, 2010 - Present
  • Past President, Harvard Law School Association of Georgia
  • Member, University of Alabama President's Cabinet, 1998 - Present, Chair, 2012 - 2016; University of Alabama Capital Campaign Steering Committee; Former National Vice President, National Alumni Association
  • Orchard Ministries, Director
  • State Bar of Georgia
  • American Bar Association (Member, Sections on Litigation, Business Law and Antitrust Law)
  • Atlanta Bar Association
  • Former Director, Meritas Law Firms Worldwide
  • Merit Key Recipient, Sigma Alpha Epsilon Fraternity, Atlanta Alumni Board
  • Kiwanis Club of Atlanta, 1991 - Present, Director 2017 - Present
  • Atlanta Botanical Gardens, Magnolia Circle
  • Peachtree Presbyterian Church, Adult Sunday School Teacher
  • Lecturer, Annual seminar entitled "Lessons in Leadership," Terry School of Business, University of Georgia


  • Selected by Best Lawyers in America as the 2018 Lawyer of the Year in Georgia in the practice area of Litigation – Mergers and Acquisitions
  • Listed in Chambers USA Leading American Business Lawyers in Litigation: General Commercial
  • Selected by his peers for inclusion in "The Best Lawyers in America" in the practice areas of Commercial Litigation, Litigation-Merger and Acquisition and Litigation-Securities (2008 - 2018)
  • Selected as one of Georgia's "Super Lawyers" by Law & Politics and Atlanta Magazine (2005 - present)
  • Recognized as one of Georgia's "Top Rated Lawyers" by Martindale-Hubbell and ALM

Publications and Presentations

  • Presenter, "Update on Director and Officer Liability," 37th Annual Georgia Business Law Institute, October 2018.
  • Moderator, Meritas Business Success Stories panel discussion, U.S. Regional Session at the Meritas Annual Meeting (May 2018)
  • Speaker for The Knowledge Group webinar, "Heightened Developments in D&O Liability Exposure: Important Highlights Uncovered" (July, 2017)
  • Presented the topic "Officers and Directors Liability: Today's State of Play" at the 35th Annual Georgia Business Law Institute (October, 2016)
  • Co-author, "Accountant Liability to Third Parties in Georgia," 20 Georgia Bar Journal Vol. 2 (October, 2014)
  • Presented the topic "Judicial Developments in Officer and Director Liability: Loudermilk and Beyond" at the 33rd Annual Georgia Business Law Institute (October, 2014)

  • Panel member for "A Panel Discussion of Ethical Issues Faced by Young Lawyers," sponsored by the Young Lawyers Division of the State Bar of Georgia (February, 2012)
  • Presented the topic "Protecting Directors and Officers -- D&O Insurance, Exculpation and Indemnity" at the 30th Annual Georgia Business Law Institute (October, 2011)
  • Presented the topic "The Directors' and Officers' Reliance Defense, New Issues and Problems," at the 23rd Annual Georgia Business Law Institute (November, 2004)
  • Fraudulent Conveyances - Author: Chapter in Georgia Jurisprudence, W. Group, Vol. XIV, 1998
  • Recovery of Lost Profit Damages for Business Interruption or Destruction - Author: 28 Georgia State Bar Journal 63, 1991
  • The State Action Doctrine and the Local Government Antitrust Act: The Restructured Public Hospital Model - Coauthor: American Journal of Law & Medicine, Vol. XIV, Nos. 2 and 3, 1988
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