Marcy Ressler Harris

Marcy Ressler Harris, a partner in the New York office, concentrates her practice in the areas of securities enforcement and regulatory litigation, internal investigations, white collar defense and complex commercial litigation. Marcy has conducted internal investigations concerning accounting fraud, insider trading, market manipulation, supervisory issues, commissions and rebates, conflicts of interest, family office fraud and Internet use and abuse; and represented individuals, partnerships and corporations before the SEC, self-regulatory organizations and other regulators relating to trading, pricing and compliance issues; hedge funds in market timing investigations; and broker-dealer executives in customer arbitrations. Her representation of a multi-billion dollar hedge fund in a proxy contest with an oil and gas company, resulted in favorable settlement for the fund that included adoption of its corporate initiatives (Marcy Kerr-McGee Corp. v. Carl C. Icahn). Marcy’s defense of a group of former hedge fund investors against current investors’ claims of unjust enrichment and fraudulent transfer ended in the case’s voluntary dismissal with prejudice (Arbor Place, LP, et al. v. Weiss, et al). Marcy also has represented companies, officers, directors and partnerships in various litigation related to failed corporate transactions; advocated for fiduciaries in estate litigations and guardianship proceedings; and fought for health care executives in white collar criminal matters, obtaining the acquittal of the chair and CEO of a medical device manufacturer charged with conspiring to defraud the FDA and securing immunity from prosecution for the chairman and CEO of major clinical laboratory in connection with an investigation into his firm’s billing practices, to cite just two examples.

Marcy graduated magna cum laude from Yale University, where she was co-features editor of the Yale Daily News. Initially pursuing a career in journalism, Marcy decided to attend New York University School of Law, where she distinguished herself by winning the Moot Court Advocacy Award and serving on The Journal of International Law and Politics. She is a member of the Litigation Section and Business Law Section of the American Bar Association.

Selected Representations

Internal Investigation, Securities Regulatory Matters
Internal investigations concerning accounting fraud, insider trading, market manipulation, supervisory issues, commissions and rebates, conflicts of interest, family office fraud and Internet use and abuse.

Ongoing representations of individuals, partnerships and corporations before the SEC, self-regulatory organizations, and other regulators related to trading, pricing and compliance issues.

Ongoing representation of hedge funds in market timing investigations.

Defense of broker-dealer executives in customer arbitrations.

Hedge Fund Litigation
Kerr-McGee Corp. v. Carl C. Icahn, et al., W.D. Okla, CIV-05-276-L: Defended multibillion dollar hedge fund in proxy contest against oil and gas company, resulting in favorable settlement for client and adoption of client’s corporate initiatives.

Arbor Place, LP, et al. v. Weiss, et al. (Del. Chancery Ct., New Castle Co., C.A. No. 20436): Defended former hedge fund investors against current investors’ claims of unjust enrichment and fraudulent transfer, leading to voluntary dismissal of case with prejudice.

Alteram S.A., et al. v. Beacon Hill Asset Management LLC, et al. (03 Civ. 2387 (SDNY)): Obtained dismissal of offshore hedge fund administrator in investors’ litigation related to failure of Beacon Hill hedge funds.

Health Care and White Collar
United States v. Maloney, et al. (D. Mass. 1995): Obtained acquittal for chairman and CEO of medical devices manufacturer on charges of conspiring to defraud the FDA following eight-week jury trial.

Obtained immunity from prosecution for chairman and CEO of major clinical laboratory in connection with investigation into laboratory billing practices.

Obtained immunity from prosecution for quality assurance manager of medical devices component manufacturer in FDA fraud investigation.

Represented senior manager of national blood testing laboratory in connection with allegations of test-tampering.

United States v. Freidin (2d Cir. 1988): Obtained reversal of conviction for personal income tax evasion on behalf of lawyer and “Big Four” accounting firm.

Civil Litigation
ACG Credit Company, LLC v. Berry-Hill Galleries, Inc., et al. (Sup. Ct. N.Y. Co., No. 05-603032): Defended family-owned art gallery against loan default claims.

Brooklyn Navy Yard Cogeneration Partners, L.P. v. PMNC, A Joint Venture, et al. (Sup. Ct. Kings Co. 1999-2003): Obtained favorable settlement on behalf of joint venture in breach of contract and professional negligence action relating to design and construction of cogeneration power plant.

In re ABN AMRO Bank, N.V. (Sup. Ct. N.Y. Co. 2000): Obtained permanent stay of arbitration based on lack of NYSE jurisdiction over foreign bank.

Farberware, Inc. v. William Groben, et al. (S.D.N.Y. 1989-94): Following internal investigation, prosecuted civil RICO and fraud action against corporate vice president and vendors related to kickback and invoice inflation scheme. Obtained judgments, insurance recovery and restitution award.

Ongoing representations of companies, officers, directors and partnerships in litigation related to failed corporate transactions.

Ongoing representations of fiduciaries in estate litigations and guardianship proceedings.

Pro Bono
Cabrera v. AM Realty Co., Inc., et al. (E.D.N.Y. 1987-1994): Investigated and prosecuted housing discrimination action resulting in jury finding that landlords may be liable for employing real estate brokers engaged in racial steering. Decision affirmed by Second Circuit.

Obtained political asylum for individuals fleeing persecution in China and Togo.

Selected Publications

Selected Speaking Engagements

Memberships

American Bar Association
     Litigation
     Health Care Section

Bar Admissions

• New York
• Connecticut

Court Admissions

• U.S. District Court, Eastern District of New York 1987
• U.S. District Court, Southern District of New York 1987

Education

Prior Experience

Journalist, 1980-1983