Edward A. Marshall
Ed is a payments lawyer with more than a decade of experience representing merchant acquirers and financial technology firms. He co-chairs the Payment Systems industry team and is a past co-chair of AGG’s Litigation & Dispute Resolution practice. His national practice focuses on litigating complex business disputes, with an emphasis on controversies involving the payment systems industry.
Ed’s noteworthy successes representing acquiring banks, payment processors, Independent Sales Organizations (ISOs), and payment facilitators include disputes involving private litigants, putative class representatives, states attorneys general, the Department of Justice (DOJ), the Consumer Financial Protection Bureau (CFPB), and the Federal Trade Commission (FTC). He is frequently called upon to leverage his litigation insights and understanding of the legal and regulatory challenges facing the payments industry to help clients develop defensible underwriting and risk monitoring programs, respond to regulatory inquiries, and more effectively negotiate agreements with merchants and business partners.
Ed has been fortunate to be recognized by Best Lawyers in America, Chambers USA, Super Lawyers, and the Daily Report’s “40 Under 40.” He is an active participant in the Electronic Transactions Association (ETA) and serves on the board of directors of the Association of Payment Professionals.
- Successfully resolved two-year FTC enforcement action against merchant acquirer with no individual liability or monetary payment.
- 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.
- 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.
- Successfully defended claim brought against acquiring bank by former FSP seeking more than $200 million in damages, resulting in plaintiff’s voluntary dismissal on the eve of trial.
- 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.
- Secured dismissal in class action against payment processor for allegedly improper assessment of fees.
- 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
- Defeated claims against card issuer for allegedly improper resolution of chargebacks in favor of merchant, securing seven-figure recovery against business cardholder
- 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
- Obtained dismissal of claims against payment processor in putative class action challenging processing fees and fee increases
- 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 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 clients in federal actions 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.
- 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.
- Provided compliance advice regarding a range of payments issues, including FTC and CFPB enforcement priorities, permissibility of surcharging, money transmission licensure, CBD processing, and participation in EBT programs.
- Successfully represented contract research organizations (“CROs”) in disputes with medical device and drug manufacturers regarding clinical trials, including prevailing in week-long arbitration hearing initiated by study sponsor.
- 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.
- Supported redrafting of merchant processing agreements on behalf of several payment processor and payment facilitator clients.
- 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.
- 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.
- 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 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).
- Co-led review team of 40 lawyers in 1.8 terabyte ESI document review in response to FTC inquiry.
- 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.
- 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.
- 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 obtained judgment on behalf of financial institution in data breach litigation involving compromise of credit card data and ensuing credit card network liability.
- 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.
- 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 aerostructures supplier in multimillion dollar controversies with business jet manufacturer and aerostructures component manufacturer.
- Successfully secured an $850,000 judgment on behalf of an international investor against the perpetrator of complex money laundering and pyramid fraud scheme.
- Successfully obtained dismissal of an opponent’s million dollar counterclaims on spoliation grounds.
- 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 represented seller in multimillion dispute involving acquisition of a subsidiary by a national management contractor.
- Successfully represented regional telecommunications company in complex telecommunications billing practices dispute involving claims for fraud, breach of contract and RICO.
- 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 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 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 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 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 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.
- Worldpay US, Inc. – Aggressive Defense Against ISO’s Lawsuit Pays Off
- Chattanooga-Hamilton County Hospital Authority d/b/a Erlanger Health System – Trial Court Awards $36 Million to Client
- Helga Glock – AGG Convinces 11th Circuit to Establish New Law in Discovery Related to Cross-Border Litigation
- Long County, Ga., Board of Commissioners and Board of Education - Innovative Solution to Redistricting Problem
- SSC Equity Holdings, LLC - Landlord’s Demand for $13 Million Rent Hike Preliminarily Enjoined
- Worldpay US, Inc. - Validity of Reserve Fund Defended After Data Breach
- Ningbo Hailun Musical Instruments Co. Ltd. - Dispute Creates Crisis in North American Market, AGG Succeeds in Obtaining Injunctive Relief in International Arbitration Forum
- CryoLife, Inc. - Use of Cutting Edge E-Discovery Helps Procure Advantageous Settlement
- Quantum Medical Radiology - Practice Enjoys Economic Gain After Business Divorce Lawsuits Settled
- University of Georgia School of Law, Juris Doctor,summa cum laude
- Order of the Coif
- Georgia Law Review, Notes Editor, 2002
- Samford University, Bachelor of Science,summa cum laude
- State of Georgia – 2002
- United States Court of Appeals for the Federal Circuit – 2014
- United States District Court for the Middle District of Georgia – 2007
- Supreme Court of Georgia – 2007
- Georgia Court of Appeals – 2007
- United States Court of Appeals for the Eleventh Circuit – 2003
- United States District Court for the Northern District of Georgia – 2003
- Association of Payment Professionals, Board of Director, 2021-23, 2023-25
- American Bar Association, Section of Litigation, Inaugural Co-Chair of Payment Systems Litigation Subcommittee, 2014-present
- Electronic Transactions Association, Risk, Fraud & Security Committee, 2014-present
- Atlanta Bar Association, Continuing Legal Education Committee, Chair, 2013-present
- Georgia Bar Journal Editorial Board, 2010-14
- State Bar of Georgia, Section of Employee Benefits, Past Chair
- Defense Research Institute, Life, Health, Disability & ERISA Claims Committee
- Best Lawyers in America®, Commercial Litigation, 2023
- Chambers USA: America’s Leading Lawyers, Litigation, 2022-23
- Georgia Super Lawyers, 2014-22
- “40 Under 40: Georgia Attorneys On the Rise,” Daily Report, 2015
- “Rising Star,” Georgia Super Lawyers, 2009-13
- Master, Joseph Henry Lumpkin American Inn of Court
- Law Clerk, Honorable Richard W. Story (N.D. Ga.), 2004-06
News & Insights
- NewsAGG Earns Significant Practice and Attorney Rankings in Chambers USA 2023 GuideJune 1, 2023 | News Releases | Rankings & Recognition | Arnall Golden Gregory LLP
- NewsEd Marshall to Serve Second Term on APP Board of DirectorsMay 30, 2023 | In the News | Rankings & Recognition | Association of Payment Professionals
- EventsEd Marshall Spoke on Business and Legal Considerations for Processors and Sponsor Banks and Threats to the Payments Industry During 2023 ETA TransactApril 25-26, 2023 | Speaking Engagements | Atlanta, Georgia