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Bradley Marcus

Partner

Washington, D.C.

Brad Marcus is a white collar and complex civil litigator with over 15 years of experience representing corporate and individual clients in high-stakes civil and criminal enforcement actions and investigations, with a focus on matters involving the Foreign Corrupt Practices Act (FCPA) and cross-border issues. Brad also has extensive experience representing clients facing complex issues in federal and state courts throughout the United States, including in multi-district litigation and the parallel and related civil proceedings that often stem from criminal or regulatory investigations.

Brad’s practice includes performing case investigations, developing successful case themes, strategies, and defenses and preparing and defending key witnesses. He has significant experience managing complex litigation, handling pre-trial motions, including overseeing successful summary judgment and motion to dismiss briefings, taking and defending critical fact and expert depositions and managing complex and cross-border e-discovery matters.

In the past few years, he has been involved in a number of cutting-edge cases in the FCPA arena spanning a variety of industries, including financial services, gaming, telecommunications and commodities trading.

Prior to joining Orrick, Brad was a partner at Buckley LLP. From 1999 to 2002, Brad covered Navy football and men’s college lacrosse as a reporter for the Washington Times.

  • Brad's recent work includes:

    • Universal Entertainment Corp., a large Japanese gaming manufacturer, and its subsidiary, Aruze USA, Inc., in FCPA-related litigation brought by Wynn Resorts Ltd., as well as in related parallel matters. The case involved one of the first examples of a private party using allegations of FCPA violations as an affirmative weapon to gain an upper hand in an unrelated contract dispute. After six years of litigation – during which the parties produced millions of documents, argued more than a dozen appeals and scores of motions, and took nearly 100 depositions – Wynn Resorts agreed to pay $2.6 billion to our clients just a month before trial
    • Ongoing representation of former senior oil trader of an international commodities trading company in connection with FCPA investigation being conducted by the DOJ into activities in Africa, and related parallel investigation by UK’s Serious Fraud Office
    • Ongoing representation of former senior executive of an international commodities trading company in connection with foreign bribery and market manipulation investigations being conducted by the CFTC and DOJ
    • Former executive at an international telecommunications company in connection with FCPA being conducted by the DOJ into activities in China
    • Former senior executive at an international bank’s Asian office in connection with SEC and DOJ’s “Sons and Daughters” FCPA investigation, which concerned the bank’s hiring of interns who were family members of foreign government officials and bank customers

    His other non-FCPA recent representations include:

    • Amicus counsel for National Association of Criminal Defense Lawyers in USA v. Dubin, No. 19-50912, in the United States Court of Appeals for the Fifth Circuit, arguing in support of reversal of appellee’s aggravated identity theft conviction
    • Ongoing representation of a former executive of a global fruit company in multidistrict litigation involving claims under the Torture Victim Protection Act and Colombian law. Cases pending both in the MDL court (S.D. Florida) and the United States Court of Appeals for the Eleventh Circuit
    • Ongoing representation of former derivatives trader of an international commodities trading company in connection with market manipulation investigations being conducted by the CFTC and DOJ
    • Representation of lender in trial court and on appeal in connection with qui tam action brought under the Florida False Claims Act against a lender and others for the recovery of allegedly unpaid documentary stamp taxes associated with certain assignments of mortgage notes. Stevens v. State of Florida, No. 1D13-1206, 127 So.3d 668, 2013 WL 6097312 (Fla. App. 1 Dist. November 20, 2013)
    • Representation of Chapter 7 Trustee of IndyMac Bancorp in the investigation of the financial affairs and failure of the debtors and the prosecution of claims against certain former directors and officers