Bruce Marks
As the founder and managing member of the firm, Bruce has earned an international reputation as an expert litigator on legal matters involving the West and the former Soviet Union since 1998. He is known for his skilled trial advocacy and legal strategy both in the U.S. and abroad. Bruce has successfully represented Western, Russian and Ukrainian clients in commercial, professional malpractice, lender liability, security fraud, maritime, and RICO litigation matters – some involving billions of dollars in claims. He also advises clients on cross-border corporate work. Notably, he has extensive experience with 28 U.S.C. §1782, an important statute that allows litigants in foreign disputes to gain discovery in the U.S. through federal courts. In addition, Marks has engaged in groundbreaking litigation in having Russian bankruptcies recognized under Chapter 15 of the U.S. bankruptcy code, obtaining nationwide discovery and the turnover of significant assets in two matters. He has successfully represented plaintiffs and defendants.
A former Republican Pennsylvania State Senator, Bruce also served as counsel (1985-1989) to late U.S. Senator Arlen Specter (R-PA) and represented the Donald J. Trump campaign in 2016. He received a JD cum laude from the University of Pennsylvania Law School (1984); an LLM from the University of Cambridge, England (1984), and two undergraduate degrees, cum laude, from the University of Pennsylvania: BS, Economics (Wharton), BA, Russian. He also studied at the Pushkin Institute in Moscow in 1980. He is admitted in courts throughout the United States, including Pennsylvania, Alabama, California, Colorado, Delaware, Florida, Georgia, New York, New Jersey, Ohio, Texas, and West Virginia, as well as the U.S. Supreme Court. Bruce is an avid squash player, having played in over 20 countries.
Experience
Bruce’s representations include:
Complex Litigation and Dispute Resolution
- Represented shareholders of Ukrainian ferro-alloy plant who suffered damages exceeding hundreds of millions of dollars in RICO claims in Massachusetts. The case was favorably settled with the client obtaining control of the plant.
- Brought RICO claim against foreign defendants and obtained a preliminary injunction freezing $6 million of the defendants’ assets in the United States and Poland, in West Virginia. The case was settled with the client obtaining control of steel and ferro-alloy plants in the United States.
- Obtained dismissal based upon the “internal affairs doctrine” of a $58.5 million claim based on the law of the British Virgin Island in Ohio state court, which was affirmed on appeal.
- Represented foreign trading partners of a Russian aluminum factory in a $2.7 billion suit whose contracts were abrogated in a sham foreign bankruptcy proceeding. The matter was favorably settled.
- Represented foreign investor against Russia’s largest oil company for $3.6 billion claim for wrongdoing related to the denial of rights to develop one of the world’s richest diamond fields, in Colorado state court. Secured landmark decision in the Colorado Supreme Court reversing dismissal for lack of personal jurisdiction.
- Represented Canadian oil company in $1.5 billion suit in the Southern District of New York against U.S. based entities engaged in a massive racketeering scheme to take over a substantial portion of the Russian oil industry.
- Represented founder of $1 billion international oil and gas company regarding company management, control and family succession issues, in Colorado state court.
- Obtained dismissal of Pennsylvania lawsuit based on lack of personal jurisdiction, because the California defendant manufacturer had not purposefully availed itself of the privilege of doing business in Pennsylvania.
- Represented a Russian industrial company against foreign investors for recovery of $150 million that was improperly diverted in a trade fraud scheme and obtained a favorable settlement.
- Represented individual in an action for breach of the covenant of good faith and fair dealing against Corestates Bank (now Wells Fargo Bank). The court held the bank liable for $1,150,000 plus $680,000 in pre-judgment interest.
- Obtained declaratory judgment in Equal Credit Opportunity Act claim against bank releasing spouse from liability on credit instruments who was improperly required to execute loan notes for independently creditworthy spouse.
International Arbitration
- Defeated $6.5 million arbitration claim brought before the International Chamber of Commerce in Paris, France related to cancellation of a contract to dismantle a steel mill in Ohio for shipment to Ukraine.
- Obtained dismissal of $1 million+ breach of contract claim brought by a Russian coal supplier against a U.S. broker/distributor, at ICC arbitration in Geneva.
Discovery in Aid of Foreign Proceedings – 28 U.S.C. §1782
- Represented Russian, Swiss, English, Canadian and other foreign litigants in 28 U.S.C. §1782 proceedings throughout the United States seeking discovery for use in foreign matters. In New York, successfully obtained an order requiring Renova, Inc., a company controlled by Victor Vekselberg, to produce documents and present a witness for deposition in New York for use in Russian proceedings. In California, successfully obtained an order requiring the production of medical reports for use in English proceedings.
- Represented Russia’s largest diamond company to obtain an order authorizing 28 U.S.C. §1782 discovery from New York banks of wire-transfer and account information regarding various international shell trading companies alleged to have siphoned funds from an African diamond mining company.
- Defended against 28 U.S.C. §1782 actions seeking discovery for use in foreign proceedings in New York, Florida, Ohio and Alabama. Obtained restrictive protective orders, narrowing the scope of permissible discovery and in November 2019, secured a landmark ruling from the Eleventh Circuit Court of Appeals vacating an authorizing discovery order from the Southern District of Florida on the basis that the discovery would not be used in a foreign proceeding.
- Defended S. clients served with subpoenas seeking sensitive commercial information by Maltese and Antiguan companies under 28 U.S.C. §1782 for use in “anticipated” foreign legal proceedings in Canada and the Republic of Singapore. Successfully moved to vacate the order authorizing discovery and the subpoenas were quashed based upon a demonstration that the discovery applicants had failed to disclose material information to the court.
Chapter 15 Foreign Bankruptcy Recognition Asset Recovery
- In the Southern District of New York, obtained an order under Chapter 15 of the U.S. Bankruptcy Code recognizing a Russian insolvency proceeding of a Russian individual, who owns real estate in Manhattan worth over $15 million, as a “main proceeding” in the U.S. Bankruptcy Court, and allowing collection of U.S. based assets. In addition, we obtained an order ordering the turnover of over $4 million the Russian debtor’s funds held in U.S. banks.
- Represented the Russian State Corporation “Deposit Insurance Agency,” the trustee and the foreign representative of the Foreign Economic Industrial Bank Limited “Vneshprombank” Ltd. and obtained an order under Chapter 15 of the U.S. Bankruptcy Code recognizing a Russian insolvency proceeding as a “main proceeding” in the U.S. Bankruptcy Court and allowing collection of U.S. based assets. In re Foreign Econ. Indus. Bank, 607 B.R. 160 (Bankr. S.D.N.Y. 2019).