Martin L. Perschetz concentrates his practice in the areas of white-collar criminal defense, SEC enforcement, securities litigation, accountant's liability and other large commercial litigation. With the firm for more than 30 years, Marty was previously an Assistant U.S. Attorney for the Southern District of New York, where he was chief of the Major Crimes Unit and led a team of prosecutors in the investigation and prosecution of federal criminal cases involving a wide variety of complex business and tax frauds. Immediately before coming to SRZ, he served as chief counsel to the Mayor of New York City's Special Commission to Investigate City Contracts and as deputy commissioner of the New York City Department of Investigation. Drawing on four decades of broad and deep prosecutorial, investigative, defense and trial experience, Marty has represented a wide array of clients in significant matters involving federal and state prosecutors, the SEC, the NYSE and FINRA, as well as in large and complex private civil litigation and in corporate internal investigations. His clients in securities and financial statement matters have included PricewaterhouseCoopers LLP and Big Four accounting firm auditors; investment funds Millennium Partners and The Clinton Group; various other large financial institutions and public companies, such as Monster Beverage Corporation; and former senior officials at Merck, Vivendi Universal, Kmart Corp. and other large companies.

In the Vivendi Universal matter, following a four-month trial in the Southern District of New York, the jury returned a verdict in favor of Marty’s client, Vivendi’s former Chief Financial Officer, on all claims against him. Believed to be the largest federal securities class action ever to proceed to a jury verdict, the case involved numerous complex issues under the antifraud provisions of the federal securities laws, and under U.S. and French Generally Accepted Accounting Principles. The American Lawyer named Marty a “Litigator of the Week” for his successful work on the Vivendi trial. In addition, Marty successfully defended the former chief scientist of Merck & Co. Inc. in a high-profile securities class action and related cases concerning the painkiller Vioxx. He is a former co-chair of the firms Litigation Group and a former member of the Executive Committee.

Publications

“Scienter: Trading ‘On the Basis Of,’” Insider Trading Law and Compliance Answer Book (Practising Law Institute), 2011-2018 (co-author)

“Regulatory Change: 2015 Diagnosis, 2016 Prognosis — Schulte Roth & Zabel’s Leading Securities Litigation Practice,” The Hedge Fund Journal, November 2015 (profile)

Newman’s Aftermath: District Court Vacates Four Insider Trading Guilty Pleas; Government Seeks Rehearing in Second Circuit,” SRZ Client Alert, Jan. 27, 2015 (co-author); republished in The Hedge Fund Journal, February/March 2015

“Second Circuit Clarifies Insider Trading Liability of Tippees,” SRZ Client Alert, Dec. 15, 2014 (co-author); republished in The Hedge Fund Journal, January 2015

SRZ Insider Trading Developments Newsletter, Summer 2014 (contributor)

Speaking Engagements

“Regulatory Examinations and Enforcement,” SRZ 23rd Annual Private Investment Funds Seminar, January 2014

“Crisis Management: Handling Government Investigations,” SRZ 20th Annual Private Investment Funds Seminar, January 2011

“Recent Developments in Civil Litigation,” PLI Auditor Liability in the Current Environment 2010: How to Protect Yourself, October 2010

“Privilege Issues in Troubled Times: Perspectives from In-House & Outside Litigation Counsel,” City Bar Center for CLE, April 2009

“A Conversation with [Connecticut U.S. Attorney] Kevin O’Connor,” SRZ 17th Annual Private Investment Funds Seminar, January 2008

Greenwich Private Investment Funds Seminar, May 2007

“Enforcement and Litigation Update: What Are the Regulators up to and Impact on Civil Litigation,” SRZ 16th Annual Private Investment Funds Seminar, January 2007

SRZ Securities Enforcement Seminars, 2000–06

“Federal and State Enforcement: A New Way of Thinking About Dealing with Securities Regulators,” SRZ Private Investment Funds Seminar, January 2004

“Corporate Criminal Liability,” Annual General Counsel Conference, Law Journal Seminar Series, June 1993–2004

Memberships

  • American Bar Association
  • Federal Bar Council 
  • New York City Bar Association 
  • New York Council of Defense Lawyers

Distinctions

Prior Experience

  • Assistant U.S. Attorney, Southern District of New York, 1980-86  
    • Chief, Major Crimes Unit, 1985-1986
  • Chief Counsel to City of New York Special Commission to Investigate City Contracts, 1986
  • Deputy Commissioner of the New York City Department of Investigation, 1986
  • Associate, Obermaier, Morvillo & Abramowitz, 1977-80