Danielle J. Marlow is a Partner in the firm’s Litigation Practice Group.

Ms. Marlow has over 25 years of experience, and has litigated extensively in both state and Federal courts throughout the country, and before the American Arbitration Association.  She has represented both plaintiffs and defendants.  On the plaintiff’s side, Ms. Marlow has successfully obtained judgments and settlements totaling hundreds of millions of dollars, and on the defendant’s side, she has obtained dismissal and summary judgment of numerous claims.

Ms. Marlow’s particular practice areas include financial services and securities litigation, creditors’ rights, employment litigation, trust and estate litigation, real estate litigation, breach of fiduciary duty and derivative claims, shareholder and partnership disputes, antitrust, breach of contract, business torts, and class actions.

Ms. Marlow has litigated numerous claims arising out of investments in securities, hedge funds, and other investment vehicles.  She has also litigated numerous business disputes, loan defaults, claims for breach of contract, restrictive covenant claims, real estate and lease disputes, disputes between members of limited liability companies and partnerships, and dissolution proceedings.  With respect to class actions, she has both prosecuted and defended against class actions, and is well versed in the Class Action Fairness Act, the requirements of class certification, fact and expert discovery related to class actions, and class action settlements.

Education

Harvard Law School, J.D. cum laude
Rutgers College, B.A. summa cum laude

Admissions

Ms. Marlow is admitted to practice in New York as well as before the United States District Courts for the Eastern and Southern Districts of New York.

Affiliations

Ms. Marlow is a member of the New York County Bar Association, and the Nassau County Bar Association (Commercial Litigation Committee).

Publications

“The Top 5 Legal Issues Lenders Should Look Out For In 2021,” The Secured Lender, January/February 2021

“Remedies Available (or Unavailable) to Secured Lenders in the Covid-19 Environment,” Monitor Daily, December 23, 2020

“The Courts’ View of UCC Article 9 Sales In The Covid-19 Environment Is Clearly Changing,” SF Net TSL Express, November 30, 2020

“Enforceability of Liability Waivers In the Age of Covid,” New York Law Journal, October 20, 2020

“The Road Ahead For Covid-19 Retail Lease Disputes In New York,” Law 360, October 29, 2020

“Will Courts Allow Lease Cancellation In The Wake Of Covid-19?” Monitor Daily, August 18, 2020

“Lender Stayed From Proceeding With UCC Article 9 Sale,” MH&H Blog Post, June 24, 2020

“UCC Sales Held Not Subject To Cuomo Executive Order Barring Mortgage Foreclosures”, MH&H Blog Post, May 21, 2020

“Should The Absolute Privilege Apply To Defamation Per Se?” New York Law Journal, December 4, 2019

Representative Matters

Obtained over a million-dollar arbitration award, plus attorneys’ fees and expenses, on behalf of the client, a prominent New York real estate broker, against her two partners. The client alleged she was not paid commissions due her, was charged hundreds of thousands in unauthorized expenses, and was forced out of the venture without being paid for her interest.  A three-arbitrator panel of the American Arbitration Association awarded the client her commissions, the unauthorized expenses, and a buyout of her interest, for a total award near to $1 million, plus attorneys’ fees and expenses.

Obtained an over million dollar judgment on behalf of the client, a major insurance firm, against individual defendant and his corporate entities based upon the defendant’s breach of restrictive covenants and other acts of wrongdoing.

Successfully defended against multi-million dollar claims for breach of a “best efforts” clause, resulting in a settlement pursuant to which the clients not only avoided all liability, but were reimbursed their attorneys’ fees.

Successfully obtained order appointing a receiver and denial of borrower’s motion to dismiss in action against defaulting borrower relating to prestigious Manhattan property.

Represented a business owner in claims for corporate theft, tortious interference, and unfair competition, resulting in a significant settlement for the client.

Represents a major distressed real estate asset manager in multiple matters asserting claims based upon loan defaults in jurisdictions throughout the Northeast.

Represented a shareholder of a major telecommunications company, who asserted fraud, breach of contract and other wrongs when the company attempted to force the shareholder to convert his shares at an unfavorable rate. The case resulted in a significant and favorable settlement for the client.

Represented a major casket manufacturer in claims against its most significant competitor for unfair competition and related claims based upon the competitor’s poaching of its employees who were subject to restrictive covenants. The case resulted in an eight-figure settlement for the client.

Represented the liquidator of two Bear Stearns hedge funds that lost all value in the subprime crisis in claims against their former management and other responsible parties. The case resulted in a nine-figure settlement.

Defended a major New York landlord in defense of claims by a major tenant of breach of the tenant’s lease resulting in dismissal of the most significant claims, leading to settlement on a “walk away” basis.

Represented team of four managing directors of a major financial institution in FINRA arbitration against their former employer seeking deferred compensation, lost assets under management, revenues, and other damages, and defending against former employer’s counterclaims.   Headed up multi-day arbitration hearing.