Marc I. Gross
Position:
Partner
Office:
New York
Practice Areas:
Law School:
New York University
Admitted:
State of New York; U.S. District Courts for the Southern and Eastern District of New York; Western District of Missouri; District of Arizona; U.S. Court of Appeals for the First, Second, Third and Eighth Circuits; U.S. Supreme Court
Marc I. Gross is the Firm's Managing Partner. For over three decades, he has focused on securities fraud class actions and derivative actions, while also litigating antitrust and consumer cases. Mr. Gross heads the Firm's Institutional Investor Practice and New Case Groups. He is Lead Counsel in many of the Firm's major pending cases, including Chesapeake, a case challenging a grant of a $75 million bonus to the company's CEO, in a year when the company's profits plunge and its stock price fell 60%.
Mr. Gross has extensive trial experience and has obtained numerous large recoveries on behalf of clients. In In re Charter Communications Inc. Sec. Litig., MDL No. 150 (E.D. Mo.) (CAS), where Pomerantz was sole lead counsel, the Court lauded the Firm's efforts in obtaining a $146.25 million settlement. He was also co-lead counsel in Snyder v. Nationwide Insurance Co., Index No. 97/0633 (N.Y. Supreme Court, Onondaga County,) which resulted in a settlement valued at $100 million for defrauded life insurance policy customers in New York. In approving the settlement, Judge Tormey stated:
The Court approves the settlement in all respects. It is so ordered, and I compliment you all, not only the manner in which you arrived at this result today, but the time that you -- in which it was done. And I thank you all did a very, very good job for all the people. You made attorneys look good. I thank you very much. It was nice working with you all.
Mr. Gross was the attorney in charge of Texas Int'l Co. Sec. Litig. (W.D. Okla.), where, in granting class certification, the Court observed:
The performance of plaintiffs' counsel thus far leaves the Court with no doubt that plainitffs' claims will be vigorously and satisfactorily prosecuted throughout the course of this litigation.
In approving the subsequent settlement of the case, the Court added:
I would like to compliment all the parties and attorneys in this case . . . You have all worked together better than I think any case I've had that involved these extensive issues and parties and potential problems. And I for one appreciate it. And I think it shows certainly a great deal of professionalism on all your parts.
Other examples of Mr. Gross' representation as sole or co-lead counsel are: In re Elan Corp. Sec. Litig., No. 02-CV-865 (RMB) (FM) (S.D.N.Y.) ($75 million settlement); In re Salomon Analysts AT&T Litig., (S.D.N.Y.) ($74.75 million settlement); In re National Health Labs., Inc. Securities, CV-92-1949-h (CM) (S.D. Cal. 1995) ($64 million recovery); In re American Italian Pasta Co. Sec. Litig., No. 05-CV0725-W-ODS (S.D.N.Y.) ($25 million partial settlement with case ongoing against auditors); Mardean Duckworth v. Country Life Insurance Co., No. 98 CH 01046 (C.D. Ill. 2000) ($45 million settlement); and Frank v. Paul (Centrust Savings Bank Securities Litigation), 93 Civ. 1453 (TCP) (E.D.N.Y. 1996) (over $20 million recovery). He was a member of the Plaintiffs' Executive Committee in In re Transkaryotic Therapies Sec. Litig., (03-CV-10165-RWZ) (D.Mass.), which has settled for $50 million (court approval of settlement has been requested.)
Mr. Gross is currently a Vice President of the Institute of Law and Economic Policy ("ILEP"), a not-for profit organization devoted to promoting academic research and dialogue in securities law issues and litigation and for many years was an officer of the National Association of Securities and Commercial Law Trial Attorneys ("NASCAT".) He is a frequent speaker at legal forums on various shareholder related issues, including Risk Management and Due Diligence (Brooklyn Law School, March 2009); Say on Pay (Vanderbilt Law School, March 2009); Basic 20 Years Later (Wisconsin Law School/ILEP November 2008/University of Arizona April 2008); and The Scott/Paulson "Reform" Proposal (Duke 2007).
Mr. Gross is the author of the journal article "Loser-Pays - or Whose 'Fault' is it Anyway: A Response to Hensler-Rowe's "Beyond 'It Just Ain't Worth It'", which appeared in the 64 Law & Contemporary Problems (Duke Law School) (2001) in an issue addressing Complex Litigation at the Millennium..
Mr. Gross has been a member of the New York City Bar Association's Federal Courts Committee, an early neutral evaluator for the Eastern District of New York, and a mediator for the Commercial Division of The Supreme Court of the State of New York.
Mr. Gross is active in civil affairs and served as Chairman of Neighbors Helping Neighbors, a not-for-profit housing group based in Brooklyn, New York.
Mr. Gross graduated from New York University Law School in 1976, and received his undergraduate degree from Columbia University in 1973.
