Marcy Ressler Harris

Marcy Ressler Harris, a partner in the New York office, concentrates her practice in the areas of securities enforcement and regulatory investigations and litigation for financial services industry clients, including hedge funds and funds of funds. Marcy also has an active litigation practice involving family disputes, will contests and other Surrogate's Court matters, contested guardianships and family office fraud issues. Since December 2008, she has been actively involved defending numerous former customers of Bernard L. Madoff Investment Securities LLC against clawback litigation in the SIPA Bankruptcy case and in related proceedings, including Jeffry M. Picower, his estate, executor and affiliated parties. Previously, Marcy successfully defended several funds within the Sterling Stamos fund of funds group against clawback litigation brought by the receiver for the Bayou Group, LLC and Bayou Superfund, LLC. Marcy has represented numerous individuals and fund clients in SEC enforcement matters and investigations related to insider trading, market manipulation, disclosure and valuation issues, market timing, securities fraud and various other issues. During her 25 years at the firm, she has litigated in federal and state courts in New York and elsewhere, conducted trials, arbitrations and mediations, provided ongoing litigation and regulatory compliance counseling, and represented companies, officers, directors and board committees in connection with activist litigations, failed corporate transactions, and internal investigations related to accounting fraud, conflicts of interest, insider trading and internet abuse.

Marcy graduated magna cum laude from Yale University with a B.A. degree and received her J.D. degree from New York University School of Law. Formerly a professional journalist, she is a member of the bars of Connecticut and New York, the U.S. District Courts for the Southern and Eastern Districts of New York, and the U.S. Court of Appeals for the Second Circuit.

Selected Representations

Bankruptcy and Securities Litigation
Picard v. Picower, et al. (Bankr. S.D.N.Y.): Represented largest individual investor in SIPA liquidation proceeding involving Bernard L. Madoff Investment Securities LLC, resulting in largest SIPC settlement in history.

Bayou Superfund, LLC v. Sterling Stamos Security Fund, L.P., et al.(Bankr. S.D.N.Y.): Survived Bayou receiver's motion for summary judgment which sought to avoid investors' pre-petition redemption payments upon Court finding that investors' good faith defense raised fact questions requiring jury determination. Ruling led to successful settlement for client.

Arbor Place, LP, et al. v. Weiss, et al. (Del. Chancery Ct.): 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.(S.D.N.Y.): Obtained dismissal of offshore hedge fund administrator from litigation related to failure of Beacon Hill hedge funds.

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

John Fitzgerald Kennedy v. The Trustees of the Testamentary Trust of the Last Will and Testament of John F. Kennedy (S.D.N.Y.): Obtained dismissal of claims for genetic testing and to recover inheritance by purported non-marital child of the late President Kennedy and Marilyn Monroe. Judgment affirmed by Second Circuit.

ACG Credit Company, LLC v. Berry-Hill Galleries, Inc., et al. (Sup. Ct. N.Y. Co.): Defended family-owned art gallery against loan default claims.

Brooklyn Navy Yard Cogeneration Partners, L.P. v. PMNC, et al.(Sup. Ct. Kings Co.): After full discovery, 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.): 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.): 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.

Health Care and White Collar
United States v. Maloney, et al. (D. Mass.): 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.): Obtained reversal of conviction for personal income tax evasion on behalf of lawyer and then “Big-Six” accountant.

Pro Bono
Cabrera v. AM Realty Co., Inc., et al. (E.D.N.Y.): 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.

Ongoing representation of Human Rights First on global internet freedom and privacy matters.

Selected Publications

Selected Speaking Engagements

Memberships

American Bar Association
    Litigation, Professional Responsibility and White Collar sections

Education