FIRM PROFILE

Marc S. Gottlieb       

I obtained my Bachelor of Arts from the University of Miami in 1980.  After working in advertising followed by a stint in the independent film business (my B.A. was in filmmaking), I returned to graduate school to obtain my law degree (J.D., 1989) from Brooklyn Law School where I graduated in the top 25% of my class.  I immediately sat for and passed both the New York and New Jersey State bar exams and was admitted to practice law in both states (N.J., 1989, N.Y. 1990).  At about the same time, I was also admitted to practice law in the U.S. District Courts of the State of New Jersey and the Southern and Eastern Districts of New York.

I began my law career as Associate Trial Counsel at the Law Office of Kevin Kelly, in-house counsel to Fireman’s Fund Insurance Company specializing in insurance defense litigation before moving to Tell, Cheser & Breitbart, also as an Associate Trial Counsel specializing in first party insurance defense and subrogation litigation.  During my first year of practice, I also taught courses in securities regulation and torts for two semesters at the Paralegal Institute of New York.

In 1992 I was offered and accepted the opportunity to became general counsel to Reseal International, a New York and Los Angeles based pharmaceutical technology company holding world-wide patents in the pharmaceutical arena.  This opportunity came as the result of my successful handling of two highly complex lawsuits venued in Los Angeles, California which saved this small public company.

During my tenure at Reseal, in addition to handling all of the company’s litigation, I was responsible for drafting and reviewing the company’s employment and licensing agreements as well as assisting the company with its private offerings and shareholder relations issues.  In 1994 I left Reseal to become a member of and senior trial counsel to the law firm of Beckman & Millman, P.C., ultimately Beckman, Millman & Sanders, LLP. focusing primarily in corporate and securities related matters including corporate and securities litigation.  This included civil and regulatory matters involving the SEC and the NASD (now FINRA).  In addition to securities and corporate matters, I also developed a family law practice which included complex divorce and custody matters, as well as Family Act matters.

In 2000 I elected to leave Beckman, Millman & Sanders to open my own law firm while continuing to remain of-counsel to its successor firm, Beckman, Lieberman & Barandes.  My current practice continues to be devoted to corporate and securities related matters including fraud, shareholders rights and other regulatory issues.  I have served on the advisory board of numerous companies. I have also served and continue to serve as independent counsel to several public companies handling a wide variety of litigation matters, and as legal advisor to the Boards of Directors on such matters as potential financial improprieties, SEC disclosure obligations and proper procedural safeguards in light of Sarbannes Oxley ("SOX').  Simultaneously, I also continue to handle a wide range of domestic relations issues including complex and non-complex matrimonial matters.  

I have substantial trial experience in the federal, state and administrative courts throughout the United States and have argued numerous appeals as well.  I have handled well in excess of 250 FINRA (formerly NASD) arbitrations on behalf of customers and broker/dealers and have tried in excess of 150 securities related cases.[1]  In 2005 I successfully argued a case of first impression before the Virginia Supreme Court unanimously reversing a trial court’s decision and establishing legal precedent in the Commonwealth in the matter of Doe v. Zwelling, 270 Va. 594, 596, 620 S.E.2d 750, 751 (2005).[2]  In 2006, acting as of-counsel to the law firm of Beckman, Lieberman & Barandes, in yet another case of first impression, I successfully appealed to the SEC, NASD’s denial of continued association of a statutorily disqualified person.  This case established for the first time NASD’s obligation to adhere to certain standards established by the SEC in deciding whether to approve or deny re-admission to statutorily disqualified individuals.[3]

Over the years, I have been litigation counsel to a number of public companies, as well as securities broker/dealers including Spencer-Winston Securities, Seaboard Securities, and David Williams Securities, to name a few.  Over the past fifteen years, I have represented about dozens of other broker/dealers and hundreds of registered brokers and compliance officers.  In addition to practicing law in New York and New Jersey, I have been admitted to practice law pro hac vice in California, Florida, Texas, Virginia, and Nevada.

In August 2011, I became of-counsel to Sanders Ortoli Vaughn-Flam Rosenstadt, LLC., a boutique firm located in midtown Manhattan handling numerous corporate and securities litigation matters and creating a securities compliance department within the firm.  The firm’s website can be viewed at www.sovrlaw.com.”

Although I consider myself a successful lawyer, my greatest success is undoubtedly my daughter and my son, both now in their 20s.

 

 CREATIVE WRITING

In addition to practicing law, I am also a novelist.  My first novel Pride is a corporate drama about hostile corporate takeovers.  I am currently completing work on my second novel Dancing Between Raindrops


 

[1] The publicly available FINRA decisions (awards) are available on FINRA’s official website at http://finraawardsonline.finra.org/search.aspx.  To access decisions, input “Marc S. Gottlieb” in the Document Text search engine.