Marc Powers has led the national Securities Litigation and Regulatory Enforcement Practice Team since joining the firm in 2004 and he has practiced in securities regulation, litigation and enforcement for more than 30 years. Marc is regularly consulted by clients and the media on securities laws issues due to his successful track record in representing high-profile clients in complex securities litigation and arbitration, as well as when faced with civil and criminal investigations. He also conducts internal investigations for companies, their boards and board committees.
In late 2008, Marc expanded his practice to include bankruptcy-related litigations. Since early in the proceeding, Marc has been part of the BakerHostetler court-appointed counsel to the SIPA Trustee for the liquidation of Bernard L. Madoff Securities LLC. One of the largest financial frauds in recorded history, the liquidation requires global investigations and litigations seeking tens of billions of dollars in worldwide asset recovery from hedge funds, funds of funds, investment banks, other financial institutions, investment managers and other hedge fund fiduciaries. Working with several teams of attorneys, Marc’s primary focus has been to investigate and coordinate strategy for the Trustee’s actions involving the Rye Select, Tremont and Merkin families of feeder funds. He has also been representing an investment bank involving a failed United Kingdom hedge fund which has been the subject of a Chapter 15 foreign bankruptcy proceeding.
During his career Marc has provided compliance and regulatory advice to hedge funds and broker-dealers, and has also represented them in disputes with investors in litigations and arbitrations. He has successfully represented funds in SEC, CFTC and criminal investigations and proceedings against charges of misleading fund valuations, insider trading, market timing and late trading, supervisory failures and futures market manipulations.
Marc began his legal career in the public sector as an Enforcement Division Staff Attorney and Branch Chief at the United States Securities and Exchange Commission. Being at the SEC for five years equipped Marc with a superior understanding of complex securities laws and the regulators who enforce them. This, coupled with the experience of defending hundreds of securities investigations and civil litigations, provides him the well earned confidence to aggressively yet deliberatively act on behalf of his diverse client base, including public company and financial services clients.
5/1/2013 - Powers to Speak at SALT Conference
3/25/2013 - Hedge Fund Managers Should Pay Special Attention to SAC Capital Insider Trading Investigation
3/20/2013 - Powers Speaks at SIFMA Compliance and Legal Seminar
6/18/2013 - The Hedge Fund Industry in 2013: A New Financial and Regulatory Landscape
Hedge Fund Industry Practice Overview
Third Circuit Holds Rule 10b-5 Violations May Be Imputed to Investment Management Company on Basis of Apparent Agency
JOBS Act Update
CFTC Grants Limited Relief to Family Offices From Commodity Pool Operator Registration