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Linda H. Martin
Partner

425 Lexington Avenue
New York, NY 10017-3954
Phone:  (212) 455-7722
Fax:  (212) 455-2502
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Linda Martin is a Partner in the Firm’s Litigation Department. She has extensive experience in a broad range of large, complex commercial litigations and arbitrations including bankruptcy and banking, international arbitration and dispute resolution, product liability and mass torts, and insurance/reinsurance.

Ms. Martin’s courtroom and trial experience includes work on behalf of UBS in connection with various contested matters and adversary proceedings arising out of the Chapter 11 bankruptcy filing of LyondellBasell Industries; representing Accenture (formerly Andersen Consulting) in connection with its winning bid to obtain a cost-free separation from the Andersen Worldwide organization in one of the largest ICC arbitrations in history; obtaining a $370 million trial verdict against Motorola on behalf of JPMorgan Chase in a breach of guarantee contract action relating to the bankruptcy of satellite telecommunications company Iridium LLC; representing Korean conglomerate the Hanwha Group in its successful multi-billion dollar arbitration dispute with the Korean government; and representing other clients in confidential arbitrations in the United States and abroad.

In bankruptcy matters, Ms. Martin has represented debtors, creditors, and lenders in connection with the bankruptcies of, inter alia,  Bionol Clearfield LLC, LyondellBassell Industries, Iridium LLC, Mesa Airlines, American Safety Razor, Commercial Financial Services Inc., G-I Holdings, Mark IV, and Superior Telecom.  These representations have included fraudulent conveyance litigations, contested debtor-in-possession and confirmation hearings, and various other matters.

In the financial services and banking industries, Ms. Martin’s clients have included UBS Securities, TD Bank N.A., JPMorgan Chase, Barclays Capital, KKR, and hedge funds and other distressed trading participants, both in litigation and counseling matters.  She also has represented various companies and outside directors in shareholder class actions and derivative litigation.

In insurance and reinsurance matters, Ms. Martin’s clients have included Travelers Casualty and Surety Co., AIG, AXA Equitable, ACE, Lexington Insurance Company, and Radian Guaranty Inc.  These representations have included an appeal before the Second Circuit successfully reversing an unfavorable summary judgment decision relating to the important reinsurance doctrine of follow-the-fortunes; asbestos and other coverage disputes; and theft of trade secrets and other litigations.

Ms. Martin also has represented participants in the alcohol, tobacco, transportation, energy, and pharmaceutical industries, among others, on matters involving product liability and mass tort litigation, contract disputes, and false advertising.

Ms. Martin speaks regularly at client, industry and law school presentations.  She is on the Board of Directors of the Law Alumni Association of Duke University School of Law, for which she also serves as chairperson of the Regional Alumni Affairs Committee.  She is a past recipient of the Duke Young Law Alumni Award in recognition of her professional achievements and work on behalf of the law school.  Ms. Martin also is an officer of the Board of Directors of the Children’s Tumor Foundation, a not-for-profit organization dedicated to funding research and finding a cure for neurofibromatosis.  Within the Firm, Ms. Martin serves on the Recruiting, Technology, and Women’s Committees, and she is chairperson of the Litigation Training Committee.

Ms. Martin received her B.A., cum laude, from Harvard University in 1988, and received her J.D., cum laude, from Duke University School of Law in 1996, where she was an editor for the Duke Law Journal.

Honors/Associations
•  The Association of the Bar of the City of New York
•  New York State Bar Association
•  American Bar Association
•  American Bankruptcy Institute (Bankruptcy Litigation Committee)
•  Federal Bar Council
•  Duke University School of Law, Law Alumni Association, Board Member; Young Law Alumni Award Recipient
•  Children's Tumor Foundation, Officer and Board Member
Publications
•  New York Court of Appeals Rejects Martin Act Preemption of Common Law Claims of Breach of Fiduciary Duty and Gross Negligence
•  Supreme Court Considers Tolling of Statute of Limitations in Section 16(b) Claims
•  The Standard of Materiality for Misrepresentations Under New York Insurance Law - A State of Unwarranted Confusion
•  Delaware Court of Chancery Arbitration Provides Option for Delaware Parties to Resolve Disputes with Foreign Counterparties
•  The Supreme Court Affirms the Constitutional Validity of the PCAOB; Strikes Down “Double For-Cause” Removal Provisions as Unconstitutional
•  The Supreme Court Limits the Extraterritorial Application of the Antifraud Provisions of the U.S. Securities Laws
•  The Supreme Court Holds That Arbitrators, Not Courts, May Decide Challenges To The Enforceability Of Stand-Alone Arbitration Agreements
•  The Supreme Court Vacates Arbitrators' Decision Allowing Class Arbitration Based Solely On Arbitrators' Own Policy Views
•  The Supreme Court Rejects “Inquiry Notice” as Trigger to Start Running the Statute of Limitations in Securities Fraud Cases
•  The Supreme Court Examines Whether Courts Must Decide the Enforceability of Arbitration Clauses Challenged as Unconscionable
•  The Supreme Court Considers the Application of the Antifraud Provisions of the United States Securities Laws in “Foreign-Cubed” Cases
•  The Supreme Court Considers Whether Class Arbitration is Permitted When the Arbitration Clause is Silent on the Issue
•  The Supreme Court Considers the Constitutionality of the Public Company Accounting Oversight Board
•  The Supreme Court Considers the ‘Inquiry Notice’ Standard in Federal Securities Fraud Cases
•  Getting the Deal Through:  Dispute Resolution 2004, 2005, 2006 (USA - New York chapter)
•  The Supreme Court Rejects "Scheme" Liability For Secondary Actors In The Absence Of Actual Reliance On The Deceptive Conduct Or A Separate Duty To Speak
•  Supreme Court Hears Arguments on Expanding Securities Fraud Liability to Secondary Actors Based on Allegedly Fraudulent, Arm's Length Business Transactions
Speaking Engagements
•  Linda Martin, Juan Arteaga, Brian McCloskey and Ryan Gavin Speak to Columbia Students
March 14, 2011
•  Linda H. Martin and Robert A. Bourque Participate in ACI’s Conference on Litigating and Resolving Advertising Disputes
June 25, 2010
Admissions
•  New York 1997
•  U.S. District Court Southern District of New York 1997
•  U.S. District Court Eastern District of New York 2000
•  U.S. District Court for the Northern District of Oklahoma 2003
•  U.S. Court of Appeals 3rd Circuit 2007
•  U.S. District Court Western District of New York 2007
•  U.S. Court of Appeals 2nd Circuit 2010
Education
•  Duke University School of Law, 1996 J.D.
cum laude; Duke Law Journal, Member (1994 - 1996)
•  Harvard University, 1988 B.A.
cum laude



•  Litigation
•  Bankruptcy Litigation
•  Restructuring and Bankruptcy
•  International Arbitration and Dispute Resolution
•  Product Liability and Mass Tort
•  Securities/Shareholder Litigation
•  Insurance/Reinsurance
 
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