Billy Marsh represents clients in high-stakes product liability, class action, and securities and shareholder litigation. Billy also has experience conducting internal investigations and representing clients in government investigations and enforcement proceedings. Clients appreciate Billy’s ability to quickly understand their business, grasp complex issues, and provide practical counsel and guidance.
Selected Client Representations:
Class Action Litigation
- Defense of Consumer Class Action in California. Secured voluntary dismissal of all claims in response to motions to dismiss filed on behalf of manufacturer of water filtration systems in putative class action brought in California federal court alleging breaches of warranty and false advertising.
- Defense of AT&T in Environmental Class Action Litigation. Defeated class action bid for AT&T brought by property owners alleging that AT&T telephone cable buried on their properties was contaminating their properties.
- Defense of the National Football League in Consumer Class Action. Defeated class certification for National Football League in lawsuit alleging claims of breach of contract and fraud against the NFL and the Dallas Cowboys for allegedly not providing prescribed seats to Super Bowl XLV ticketholders. Defeated individual plaintiffs’ fraud claims at jury trial.
Product Liability
- Defense of Highway Products Manufacturer in Product Liability Litigation. National coordinating counsel in products liability lawsuits asserted throughout the United States against a major manufacturer of highway products.
- Defense of Consumer Products Company in Consumer Class Action. Secured dismissal for consumer products company in connection with class action claims brought in California federal court under California consumer protection statutes.
- Counsel Automotive Parts Manufacturer on Product Recall.
- Advise Trailer Manufacturing Company on Restructuring in Connection with Product Liability Exposure.
Securities Litigation
- Defense of Putative Federal Securities Act Class Action in Federal and Texas State Court. Defense of an international chemical manufacturer against parallel putative class actions pending in federal and Texas state court alleging violations of the Securities Act of 1933 and Securities Exchange Act of 1934 in connection with two public stock offerings.
- Defense of Securities Class Action for Healthcare Company. Obtained dismissal of securities class action filed against Tenet Healthcare challenging disclosures arising from regulatory proceeding.
- Defense of Securities Claims Brought against Hedge Fund and Fund Managers. Successfully defended BP Capital Management and related defendants in securities case alleging misrepresentations regarding hedge fund strategy. After filing a motion for summary judgment, obtained a voluntarily dismissal of plaintiffs' claims without the exchange of any consideration other than mutual releases.
Shareholder Litigation
- Defense of Shareholder Derivative Suits in Texas State Court. Obtained dismissal of shareholder derivative suits filed against the board of directors of AT&T.
- Defense of Shareholder Derivative Suits for Healthcare Company. Obtained dismissal of shareholder derivative action filed against Tenet Healthcare.
- Defense of Oil and Gas Exploration Company in Shareholder Litigation before the Delaware Court of Chancery. Represented Sanchez Resources, LLC (a privately held oil and gas exploration company) and its president in shareholder derivative litigation before the Delaware Court of Chancery.
Compliance
- Counsel large industry organization on compliance with FinCEN regulations.
- Counsel healthcare laboratory on data breach response and compliance; internal investigations relating to alleged accounting fraud.
- Counsel government contractor on compliance with gifting and ethics laws.
- Counsel large beverage distributor on antitrust compliance.
Government Investigations
- Defense of Plastics Executive in Criminal Antitrust Investigation.
- Defense of Financial Services Executives in CFPB Investigation.
- Defense of Fund Manager in SEC Investigation.