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David R. Marriott is a partner in Cravath’s Litigation Department. His practice focuses on litigation and alternative dispute resolution, generally concerning business disputes and matters in the areas of intellectual property, employment, securities and antitrust.
Mr. Marriott has tried, argued and litigated cases in both state and federal courts, and has been involved with numerous forms of alternative dispute resolution. His clients have included CSX Corporation, Delta Air Lines, IBM, Mylan, NCR Corporation, Novartis, Alcon Laboratories, Qualcomm, Bristol-Myers Squibb, Lazard Frères & Co., AT&T, Bank of America, Eli Lilly, the Massachusetts Institute of Technology and the President and Fellows of Harvard College.
Several of Mr. Marriott’s current and recent representations include:
• Representing IBM in a 13-year-old litigation alleging unfair competition and tortious interference relating to the UNIX operating system.
• Representing Alcon Laboratories in connection with more than 50 putative class actions centralized in Florida federal court alleging that Alcon’s unilateral pricing policies for contact lenses violate Section 1 of the Sherman Act and state antitrust and consumer protection/unfair competition laws.
• Representing NCR Corporation in several environmental actions brought under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), relating to the environmental remediation of Wisconsin’s Fox River and Michigan’s Kalamazoo River, which were tried in February 2012 and February 2013. Phase II of the Kalamazoo litigation was tried between September and December 2015.
• Representing Mylan Laboratories in consolidated antitrust litigation filed in Pennsylvania federal court regarding alleged reverse-payment settlement agreements concerning the narcolepsy drug modafinil.
• Representing Merck Sharp & Dohme as plaintiff in three separate patent infringement actions seeking to enjoin the marketing and sale of generic versions of Merck’s anti-fungal agent, Noxafil®.
• Representing a medical device manufacturer in a purported class action lawsuit filed in New York federal court by employees alleging gender discrimination with regards to pay and promotion.
• Representing artist Donald Graham as plaintiff in a copyright infringement lawsuit filed against Richard Prince and others concerninginfringement of Mr. Graham’s copyright in his photograph of a Rastafarian man.
• Represented Qualcomm in antitrust litigation against Broadcom Corporation concerning telecommunications chips.
• Won summary judgment following oral argument before the New York Court of Appeals in October 2015, in an action brought by Nomura Asset Capital Corporation in connection with a commercial mortgage-backed securitization.
• Advised AT&T Corporation in connection with a dispute with a competitor concerning telecommunications products and services.
• Won summary judgment for IBM in a lawsuit brought by The SCO Group in Utah federal court involving breach of contract and copyright infringement regarding the Linux operating system.
• Obtained a judgment in favor of CSX Corporation after trial in a securities lawsuit in New York federal court arising from its proxy contest with two hedge funds.
• Secured a favorable decision following trial for a leading eyecare company in a contract dispute purportedly worth more than $10 billion dollars.
• Obtained a favorable result for a movie producer in a dispute with a major motion picture studio regarding profit sharing rights in a popular television show.
• Obtained a judgment for an investment bank defeating a common law claim for over $240 million after a six-week trial in defense of an adversary complaint filed in Massachusetts bankruptcy court.
• Represented an Italian television manufacturer at trial in an action against Royal Philips Electronics N.V. alleging breach of contract, fraud and other claims.
• Handled multi-district antitrust litigation filed against Bristol-Myers Squibb alleging that the company misused its patents concerning BuSpar®, an anti-anxiety drug to exclude generic competitors.
• Won dismissal of seven claims filed against the Executors of the Estate of Christopher H. Browne asserting contract and tort claims.
• Represented a Fortune 500 company in putative class action securities fraud litigation with respect alleged fraud concerning a potential new product.
Following graduation from law school, Mr. Marriott served as law clerk to Hon. Eugene F. Lynch of the U.S. District Court for the Northern District of California. The following year, he served as law clerk to Hon. Albert J. Engel of the U.S. Court of Appeals for the Sixth Circuit. Mr. Marriott joined Cravath in 1996 and became a partner in 2003.
Mr. Marriott has been recognized as a leading lawyer by organizations such as Benchmark Litigation, Lawdragon, The Legal 500, IAM Patent, Leaders League, and Super Lawyers.
Mr. Marriott is an Adjunct Professor at New York University School of Law, and a Lecturer in Law at Columbia University School of Law. He has taught antitrust, intellectual property and trial practice.
Mr. Marriott is the editor of New York Business Litigation (NYLJ 2013-2016) and a contributing author and editor of Winning at Trial (ALM 2014).
His other publications include:
• “Opening to Win: Seven Tips for Delivering an Effective Opening Statement” (NYLJ, November 14, 2011);
• “Picking a Winner: Ten Tips for Selecting the Best Possible Jury” (NYSBA Journal, September 2011);
• “A Direct Path To Winning: Tips for Conducting an Effective Direct Examination” (NYLJ, July 2011);
• “10 Tips for Picking a Jury” (PLI 2010);
• “7 Tips for a Winning Opening Statement” (PLI 2010);
• “Selecting the Best Possible Jury” (PLI 2009);
• “Current Legal Issues Relating to Complex Litigation” (PLI 2007);
• “Modern Ethical Issues in Complex Litigation” (PLI 2007);
• “Document Production: An Effective System in the Electronic Age is Critical to Withstanding Challenge” (NYLJ, August 21, 2006);
• “Ethical Considerations in Electronic Discovery” (PLI 2006); and
• “Selected Topics Arising in Multiple Defendant Litigation” (PLI 2006).
Mr. Marriott is the chair of the Practising Law Institute’s conference “Trial by Jury” and has been a repeat moderator of other PLI conferences, such as “Bet the Company Litigation.” For several years, Mr. Marriott chaired the New York City Bar’s annual “Institute for Corporate Counsel.”
Mr. Marriott is admitted to practice before the state court of New York and, on the federal level, before the U.S. Supreme Court; the U.S. Courts of Appeals for the Federal, First, Second, Third, Fourth, Sixth, Ninth, Tenth and Eleventh Circuits; and the U.S. District Courts for the District of Utah, the Eastern District of New York, the Eastern District of Michigan, the Northern District of California, the Southern District of New York, and the Western District of Michigan.
Mr. Marriott is a member of the New York State Bar Association, the New York City Bar Association, the American Bar Association and the International Bar Association.
Mr. Marriott received his J.D. from New York University in 1994 and received his B.A. from Brigham Young University in 1991.
United States: Antitrust
Civil litigation/class actions
Within: Civil litigation/class actions
Cravath, Swaine & Moore LLP ‘combines a quick and thorough grasp of clients’ issues with the ability to communicate simply, clearly and completely’. The team is particularly active in financial services litigation and American Express is a key client in this regard. Evan Chesler, Peter Barbur and Kevin Orsini advised the credit card company in a number of disputes, including its appeal of a district court judgment in a case brought by the DOJ and 17 state attorneys general alleging that the merchant acceptance rules imposed by American Express violated the Sherman Act. The pharmaceutical sector is another regular source of work, and Chesler, Rowan Wilson* and David Marriott represented Mylan in its long-running set of lawsuits alleging pay-for-delay agreements with Cephalon relating to the Provigil drug. Qualcomm and Thai Airways are also recent clients. All the lawyers named above are based in the firm’s New York office. *Since publication, Rowan Wilson has been confirmed as an Associate Judge of the New York State Court of Appeals.
United States: Dispute resolution
General commercial disputes
Within: General commercial disputes
New York-based Cravath, Swaine & Moore LLP has a ‘well-deserved reputation’ as ‘one of the finest law firms in the world’. In an illustration of both its reputation in the financial services space and its geographic reach, the team acts as lead counsel to Credit Suisse in ongoing RMBS litigation in nine states across the country. ESPN is another active client; J Wesley Earnhardt, Roger Brooks* and ‘brilliant advocate’ Evan Chesler represented it and other network defendants in a putative class action filed in Tennessee by student athletes regarding compensation; the court granted a motion to dismiss, which has been appealed by the plaintiffs. Sandra Goldstein is representing Mylan in a consolidated class action in Pennsylvania. On the plaintiff side, David Marriott is representing Alcon Laboratories in an action challenging the constitutionality of a state statute concerning pricing policies, which is on appeal before the Tenth Circuit. *Since publication, Roger Brooks has retired from the firm's litigation practice.
United States: Intellectual property
Patent litigation: full coverage
Within: Patent litigation: full coverage
Cravath, Swaine & Moore LLP’s key highlights include representing Alarm.com in a suit filed by Vivint, which alleges infringement of six patents covering remote monitoring systems, acting for Medinol in a number of disputes and arbitrations regarding its stent products, and representing Mylan subsidiary Dey in infringement litigation against Teva seeking to prevent the latter from marketing generic versions of Mylan’s respiratory drug Perforomist. Chairman Evan Chesler leads the team from New York, where Keith Hummel, David Kappos and Roger Brooks* are also leading figures. The lawyers handled cases across a range of sectors, including consumer products, pharmaceuticals, telecoms and media. David Marriott is recommended for litigation and alternative dispute resolution. *Since publication, Roger Brooks has retired from the firm's litigation practice.