Aaron H. Marks, P.C.

Aaron has been involved in the following representations:

• Blackstone affiliates in broken deal litigation as to sales of several hotel properties in which the purchasers sought to be excused due to the COVID-19 crisis. In one multi-jurisdictional matter, Aaron achieved precedent-setting rulings on summary judgment holding that purchaser’s failure to close during the pandemic was not excused. Aaron also secured in that matter an anti-suit injunction enjoining parallel litigation in Puerto Rico.
• H.I.G. Capital and Lionbridge Technologies, Inc. in the defense of trade secret litigation brought by TransPerfect Global, Inc., arising from H.I.G. and Lionbridge’s participation as a bidder in the auction sale of TransPerfect. In 2022, Aaron won summary judgment in full, which was affirmed by the Second Circuit in 2024.
• Home Partners of America (“HPA”) in defending several class actions around the country in which plaintiffs allege consumer fraud and similar claims arising from HPA’s rent-to-own contracts with tenants/purchasers. Ongoing.
• Gulf Oil and Cumberland Farms in defending against tortious interference with contract claims brought by Capital Petroleum Group relating to Gulf’s re-branding of several gas stations on New York parkways. Aaron successfully tried this case before a New York jury in April–May 2024.
• Fox Corporation and Fox News, and certain of its on-air commentators, in a defamation lawsuit brought by Smartmatic USA Corp and affiliates concerning Fox’s coverage of the 2020 Presidential Election. Ongoing.
• Fortress Credit Corp., in defeating plaintiff Cohen Realty Enterprises’ (CRE’s) motion for a preliminary injunction to stop Uniform Commercial Code (UCC) foreclosure on a $550 million in loans, which is being reported as the largest UCC foreclosure sale in history, and in an action to enforce a $190 million personal guaranty. Ongoing.
• Canoo Inc., an electric vehicle manufacturer, in securities litigation brought against DD Global Holdings Ltd. seeking to recover over $60 million in “short-swing profits” under Section 16(b) of the U.S. Securities Exchange Act. In 2023, Aaron defeated defendants’ motion to dismiss.
• Blackstone and affiliated funds in multi-jurisdictional litigation and arbitration concerning media conglomerate RCS Mediagroup’s challenge to Blackstone’s ownership of multiple commercial buildings in Milan. In 2021, the arbitration tribunal ruled in favor of Blackstone, dismissing attempts to reverse the 2013 sale and claim compensation.
• FirstFire Capital in litigation with DarkPulse Inc. in New York federal court and the Delaware Court of Chancery concerning a defaulted note. Defeated a preliminary injunction motion in New York in 2022 and successfully argued to the Second Circuit that the federal case should be transferred to Delaware. Ongoing.
• Blackstone in two putative class actions in Illinois federal court alleging violations of the Illinois Genetic Privacy Act (GIPA) related to Blackstone’s acquisition of Ancestry.com. Dismissal by Illinois federal court affirmed by the Seventh Circuit.
• Lime Rock Management managing directors in litigation in Connecticut federal court in their response to an application under Section 1782 seeking to obtain discovery for use in a foreign proceeding in Scotland.
• Blackstone affiliates in litigation concerning the J-51 property tax exemption and abatement status for Blackstone’s StuyTown property in New York City.
• Confidential real estate company in an arbitration seeking dissolution of a joint venture and damages for alleged breaches of contract and fiduciary duties. Aaron successfully settled the matter in 2021.
• McCormick Foundation and Cantigny Foundation in litigation concerning Tribune’s 2007 leveraged buyout and subsequent bankruptcy. A trustee filed suit seeking to recover LBO proceeds from more than $1 billion from the Foundations. In April 2019, the Southern District of New York rejected the trustee’s efforts to pursue a constructive fraudulent transfer claim. Dismissal of all claims affirmed on appeal.
• National counsel for a private equity firm in multiple state attorneys general and class actions concerning allegations of usury and RICO conspiracy in connection with consumer lending businesses.
• Various companies in litigations in which bondholders assert that company transactions, including spin-offs, debt exchanges and intellectual property transfers, breached the company’s credit agreements and/or indentures.
• Coach, the luxury fashion brand, in the defense of several putative class actions alleging that the company used deceptive comparison pricing at the company’s outlet stores.
• A large real estate private equity firm in multiple lawsuits and investigations relating to portfolio companies and other investment vehicles.
• A large hedge fund administrator in a federal court action against a major software manufacturer for unfair competition and breach of contract.

Prior to joining Kirkland, Aaron was involved in the following representations:

• AMC Networks in the defense of a lawsuit brought by profit participants alleging, among other things, breach of contract, and seeking additional profit distributions from the AMC television series The Walking Dead. 

• National Australia Bank and Royal Park Investments, an entity created in connection with the Belgian State’s sale of Fortis Bank to BNP Paribas, in three separate actions against Oppenheimer and its affiliates relating to defendants’ misconduct as administrators of three structured finance vehicles, alleging damages of more than $2.5 billion.

• Hilton Worldwide in the defense of a trade secret misappropriation lawsuit brought by Hilton’s competitor, Starwood Hotels & Resorts, and in a grand jury investigation conducted by the U.S. Attorney’s Office (S.D.N.Y.) relating to the same underlying facts.

• MBIA, one of the world’s largest monoline insurers, in litigation brought by 18 of the world’s largest banks seeking to overturn MBIA’s corporate restructuring which, with the approval of the New York Department of Insurance (now the Department of Financial Services), established a separate company for MBIA’s municipal bond insurance business. After a several-week evidentiary proceeding, the New York Supreme Court ruled in favor of MBIA, upholding MBIA’s restructuring.

• Purolite International, a specialty chemical manufacturer, in an action against competitor Thermax Ltd. (India) for misappropriation of trade secrets relating to formulae and production processes for ion-exchange resin. The case settled on the eve of trial with a $38 million payment by Thermax.

• Freescale Semiconductor in an expedited action by senior term lenders challenging Freescale’s issuance of $1 billion of incremental term loans as barred by an occurrence of a material adverse change.

• Port Authority of New York and New Jersey as trial counsel in the trial concerning the Port Authority’s alleged liability arising from the 1993 terrorist bombing of the World Trade Center. The New York Court of Appeals subsequently dismissed the action.

• Interstate Bakeries in litigation against certain lenders that balked on their commitment to provide financing to facilitate the company’s exit from Chapter 11 bankruptcy.

• Apollo Management and its portfolio company, Hexion Specialty Chemicals, in litigation arising from Hexion’s proposed $15 billion merger with Huntsman Corporation. Representation involved the prosecution of an expedited proceeding against Credit Suisse and Deutsche Bank to compel specific performance of the banks’ commitments to fund the acquisition. Successfully negotiated a settlement with Huntsman, bringing an end to one of the largest-ever battles over a leveraged buyout. The Wall Street Journal lauded the settlement as a “sweet deal” for Apollo and Hexion.

• Ernst & Young in a successful appeal and settlement of an accounting malpractice action brought by the creditors of CBI Holdings.

• Basic Element Company, a leading Russian industrial conglomerate, in the trial and appeal of securities fraud claims for insider trading and market manipulation against a major United States investment bank, stemming from the liquidation of a $1.5 billion stake in a Canadian auto parts manufacturer.

• Several of the nation’s largest private-equity firms (Apollo Management, Bain Capital, Carlyle Group, Centerbridge Capital Partners, Clayton, Dubilier & Rice, Fortress Investment Group and TPG Capital) in disputes over acquisitions and acquisition financings for several large leveraged buyout transactions. These disputes involved the applicability of material adverse change clauses, post-merger insolvency, and specific performance of debt financing commitments. Most of these buyouts, including Home Depot Supply ($9 billion) and Harrah’s Entertainment ($30 billion), funded and closed.

• BankUnited, Florida’s largest bank, with respect to non-compete and trade secret lawsuits brought by Capital One.

• Safra National Bank in several arbitrations brought by clients alleging unsuitability and other claims regarding investment portfolios, and in a commercial fraud action brought by Bank of America.

• One of the nation’s largest hotel owners in attorney general and putative class actions arising out of alleged consumer fraud, as well as ADA lawsuits as to certain of the owner’s hotel properties.

• Real estate developers in litigation concerning ownership, financing disputes, and eminent domain.

• Cigarette manufacturer Liggett Group as lead trial counsel in 10 jury trials, including several in which Liggett was the sole defendant. One of the verdicts in favor of Liggett (returned in 90 minutes) is believed to be the fastest rendered jury verdict in the 60-year history of litigation against cigarette manufacturers. Also led Liggett’s defense of the nine-month bench trial of the Department of Justice’s RICO lawsuit against the tobacco industry, with the court awarding judgment in Liggett’s favor (whereas substantial relief was ordered against all of the other major cigarette manufacturers).

• Video-game maker Take-Two Interactive Software in shareholder derivative actions arising out of alleged insider trading.

• Professional athletes in disputes concerning promotional contracts, endorsement deals and use of performance-enhancing drugs.

Kasowitz Benson Torres LLP