Edward A. Marshall

Partner
171 17th Street NW
Suite 2100
Atlanta, Georgia 30363
404.873.8536 phone
404.873.8537fax

Representative Experience

Payment Systems Litigation and Counseling

  • Secured dismissal in class action against payment processor for allegedly improper assessment of fees.
  • Successfully represented payment card processor in contempt action brought by the FTC and court-appointed receiver involving challenge to use of reserve funds to cover consumer-initiated chargebacks.
  • Secured dismissal of multi-million dollar claims against payment processor by referral partner, including claims for breach of contract, conversion, unjust enrichment, negligence, and aiding and abetting breach of fiduciary duty. 
  • Obtained TRO preventing ISO partner from thwarting migration of hundreds of merchants to an alternative payment processor and, thereafter, negotiated favorable conclusion to parties’ business relationship.
  • Obtained summary judgment on behalf of payment card processor in adversary proceeding involving challenge to recoupment of Visa liability assessment following data breach at merchant location.
  • Successfully resolved litigation brought against payment processor as a relief defendant by a state attorney general.
  • Successfully defended and prosecuted the rights of payment processors in litigation with former merchants, including, e.g., in disputes involving early termination of merchant agreements, unreimbursed chargebacks, and alleged misdirection of merchant funds.
  • Successfully represented card issuer in a variety of actions alleging violations of the Fair Credit Reporting Act (“FCRA”), the Electronic Funds Transfer Act (“EFTA”), the Truth in Lending Act (“TILA”), the Telephone Consumer Protection Act (“TCPA”), and the terms of the cardmember agreement.
  • Supported redrafting of merchant processing agreements on behalf of several payment processor clients.
  • Worked with various state governments on behalf of the firm’s payment systems clients in a range of matters, from business taxation to money transmitter licensure.
  • Provided compliance advice regarding a range of payments issues, including CFPB counseling, permissibility of surcharging, and participation in EBT programs.

Class Action Defense

  • Obtained voluntary dismissal of putative class action against healthcare services company for alleged FLSA violations with no payment or other relief provided to proposed class or class representatives
  • Achieved dismissal of putative nationwide class action against payment processor brought in California state court through successful invocation of choice-of-forum provision
  • Successfully defeated certification of putative class action against petroleum company and payment processor related to allegedly flawed implementation of Visa’s Real Time Clearing program.
  • Obtained dismissal of claims against payment processor in putative class action challenging processing fees and fee increases

RICO Litigation

  • Successfully represented biomedical company in connection with a contentious, multimillion dispute arising from an exclusive distribution agreement, which included claims for breach of contract, breach of implied duty of good faith and fair dealing, fraud, RICO, misappropriation of trade secrets, libel, tortious interference, and the Georgia deceptive trade practices act.
  • Successfully represented regional telecommunications company in complex telecommunications billing practices dispute involving claims for fraud, breach of contract and RICO.
  • Successfully represented creditor in complex collections action involving the transfer of a debtor’s assets to an asset protection trust using RICO, in combination with the Georgia Fraudulent Transfer Act, to achieve recovery significantly in excess of the underlying judgment amount.
  • Successfully secured an $850,000 judgment on behalf of an international investor against the perpetrator of complex money laundering and pyramid fraud scheme.

Business and Commercial Litigation

  • Successfully obtained preliminary injunction preventing landlord from increasing national tenant’s rent obligations by $13 million per year, equating to $167 million over remaining term of Master Lease.
  • Successfully defeated subordination claims of an alleged senior lender on a motion to dismiss in federal court, allowing client to pursue approximately $30 million from defaulted borrower.
  • Successfully obtained $36 million judgment in favor of hospital lender, simultaneously defeating claims to tens of millions of dollars related to alleged “mismanagement” under hospital management agreement.
  • Successfully obtained $6.7 million federal district court judgment in a controversy involving asset purchase agreement and subordinated notes for a national equipment-rental company.
  • Successfully represented the American College of Rheumatology as amicus in patent litigation before the Federal Circuit Court of Appeals, overturning an injunction against the introduction of a competitive gout-treatment drug. See Takeda Pharmaceuticals USA, Inc. v. West-Ward Pharmaceutical Corporation et al., Nos. 2015-1139, -1142 (Fed. Cir. 2015).
  • Successfully invoked 28 U.S.C. § 1782 to obtain documents for use in foreign proceedings and, thereafter, obtained leave for use such documents in domestic RICO litigation, including through successful appeal to the Eleventh Circuit.
  • Successfully resolved multi-million dollar claims related to alleged fraud and breaches of representations and warranties in connection with asset purchase agreement against sellers of medical services business.
  • Successfully defeated multi-million dollar claims against real estate fund by claims by investment banker.
  • Successfully represented the Atlanta Public Schools in connection with a board leadership dispute, resulting in a favorable settlement after the Court’s oral announcement of ruling, see Burks v. Atlanta Independent School System, 2010 CV 192686 (Superior Court of Fulton County, GA).
  • Successfully obtained dismissal of a developer’s claims for breach of contract and tortious interference with fiduciary duties in a multimillion dollar real estate dispute before a Georgia Superior Court and the Georgia Court of Appeals, see Perry Golf Course Development, LLC v. Housing Authority of the City of Atlanta, 294 Ga. App. 387 (2008).
  • Successfully obtained Article 37 emergency measures of protection before the International Centre for Dispute Resolution, and shortly thereafter, successfully resolved a multimillion dollar controversy between an international manufacturer and an American distributor.
  • Successfully represented German-based respondents in three-week JAMS arbitration involving claims for earnout payments under asset purchase agreement, defeating all causes of action asserted by claimants and obtaining award of $2.5 million on behalf of respondents.
  • Successfully represented bankruptcy trustee in D&O action against former CEO of bankrupt company based on alleged breaches of the duty of care associated with decision to take on $5 million line of credit.
  • Co-led review team of 40 lawyers in 1.8 terabyte ESI document review in response to FTC inquiry.
  • Successfully represented aerostructures supplier in multimillion dollar controversies with business jet manufacturer and aerostructures component manufacturer.
  • Successfully represented clients in complex medical billing practices disputes.
  • Successfully represented seller in multimillion dispute involving acquisition of a subsidiary by a national management contractor.
  • Successfully obtained dismissal of an opponent’s million dollar counterclaims on spoliation grounds.

ERISA Litigation

  • Served as special ERISA litigation counsel in action involving allegations of breach of fiduciary duty by plan actors overseeing employee stock ownership plan (“ESOP”).
  • Successfully represented COBRA plan sponsor in dispute with third-party benefits administrator.
  • Successfully represented national health care provider in dispute with former shareholders involving allegations of usurpation of corporate opportunities, breach of fiduciary duty, securities fraud, and denial of employee benefits.

Civil Rights Litigation

  • Successfully represented clients in federal action alleging violations of the Equal Protection Clause of the Fourteenth Amendment and Section 5 of the Voting Rights Act of 1965 associated with redistricting plan with allegedly retrogressive effect on racial minorities.