Billy Marsh represents clients in high-stakes securities, shareholder, class action, product liability, and complex commercial 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.
- Defense of Putative Federal Securities Act Class Action in Federal and Texas State Court. Defending 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.
- 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.
Class Action Litigation
- Defense of AT&T in Environmental Class Action Litigation. Defeated class action bid for AT&T in a suit in federal court in Houston brought by property owners alleging that AT&T telephone cable buried underneath their properties — pursuant to easements that had been granted to AT&T in the 1950s — were contaminating their properties.
- Defense of Consumer Products Company in Consumer Class Action. Represented consumer products company in connection with class action claims brought in California federal court under California consumer protection statutes.
- 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 & Complex Commercial Litigation
- 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 Midstream Energy Company at trial in Bankruptcy Adversary Proceeding. Represented midstream company in adversary proceeding to uphold its gas gathering agreements with bankrupt producer.
- Defense of Plastics Executive in Criminal Antitrust Investigation.
- Defense of Financial Services Executives in CFPB Investigation.
- Defense of Fund Manager in SEC Investigation.
- Counsel large industry organization on compliance with FinCEN regulations.
- Counsel government contractor on compliance with gifting and ethics laws.
- Counsel large beverage distributor on antitrust compliance.
- Counsel healthcare laboratory on data breach response and compliance.
- Internal investigations relating to alleged accounting fraud.
- “Developing Effective Compliance and Audit Committees,” Presenter, Clear Law Institute, May 2016.
- “Compliance Post Affordable Care Act,” author, New Perspectives of Healthcare Risk Management, Control and Government, February 2016.
- “Antitrust and Business Litigation” author, Texas Bar Journal, January 2016.
B.S., Economics, Brigham Young University, 2011, cum laude
J.D., University of Virginia School of Law, 2014
U.S. District Court for the Northern District of Texas
*This alert was co-authored by summer associate Greta Gieseke The Texas Supreme Court recently determined that a defendant involved in a sales transaction cannot be liable as a “seller” under the Texas Products Liability Act (“TPLA”) unless it held and relinquished title to the product at some point in the distribution chain. The Court’s decision, issued in response to a question certified by the [...]