Marilyn has over 30 years of prior experience representing both plaintiffs and defendants, individuals and corporations, in state and federal courts across the country.

In private practice, Marilyn focused on complex commercial and securities litigation, internal investigations and corporate governance disputes. Her practice concerned financial markets, shareholder derivative suits, corporate governance issues, accounting fraud, and other types of business disputes, as well as governmental and internal investigations. Types of clients included financial institutions, corporations, boards of directors, accounting firms, private equity investors, hedge funds, pharmaceutical companies, start-ups and individuals.

Representative matters include:

• Representing corporate directors of a major media company in class actions alleging they aided and abetted breaches of fiduciary duty by others;

• Representing an individual in connection with issues related to a start-up;

• Representing a multi-billion dollar investment company in securities fraud claims against the promoters, auditors, and principals of a failed reverse merger with a Chinese operating company;

• Representing one of the world’s largest publicly traded hedge funds, settling a potential billion dollar claim in a securities class action for $32.5 million;

• Representing victims of a terrorist attack in litigation against a major international bank, alleging violations of anti-money-laundering and counter-terrorism financing laws;

• Representing a major bond fund in defending class action claims brought under the Commodity Exchange Act;

• Representing a hedge fund in an action against a fund-of-funds for misrepresentations under New York’s Martin Act and common law;

• Representing a pharmaceutical start-up asserting claims for breach of a collaboration agreement to develop an important new drug;

• Representing a multi-billion dollar corporation in one of the country’s largest multidistrict securities litigations, directing significant portions of a worldwide internal investigation; co-leading the successful navigation of simultaneous congressional, SEC and state criminal investigations; and prosecuting the company’s affirmative claims against its former executives.

Marilyn is a member of the Commercial Panel of the American Arbitration Association. She has served as AAA arbitrator for multi-million dollar business disputes as well as commercial disputes brought pursuant to the AAA expedited proceedings process.

Marilyn also serves as a mediator for the Mediation Program of the U.S. District Court for the Southern District of New York. As a member of the SDNY panel, Marilyn has mediated numerous employment and Fair Labor Standards Act cases as well as contract disputes.

As a neutral, Marilyn draws on her own experience representing parties in arbitrations and mediations concerning business disputes. She recognizes that it is important that every party’s position be heard. Her experience as an educator has been invaluable in working with the parties.

Through Vista Arbitration & Mediation LLC, Marilyn aims to take a broad view of disputes needing resolution, focusing on the big picture while taking into account the perspectives of all sides, with the goal of achieving a fair and equitable outcome through efficient and cost-effective methods appropriate to the case.

Vista Arbitration & Mediation LLC (Member/Principal, 2024-present)

Boies Schiller Flexner LLP (Partner, 2003-2023; Counsel, 2001-2003)

Columbia University, Lecturer/Instructor, Technology and Law, Technology Management Program, School of Professional Studies (2016-2023)

Schulte Roth & Zabel LLP (Associate, 1996-2001)

Davis Polk & Wardwell LLP (Associate, 1990-1996)

Education

Columbia University School of Law (Columbia Law Review, Harlan Fiske Stone Scholar) (JD, 1989)

University of Washington, BA (with distinction in English); MA

Clerkship

U.S. Court of Appeals for the Ninth Circuit, Law Clerk to Hon. Robert R. Beezer (1989-1990)

Awards

Top 50 Women Lawyers in New York-Metro Super Lawyers (2018); listed regularly in Super Lawyers since 2006

American Inns of Court Professionalism Award for the Second Circuit (2011)

Advisory Group of the Judicial Improvements Committee of the U.S. District Court for the SDNY (2012)

Associations

New York State Bar Association (Dispute Resolution Section)

New York City Bar Association (Chair, Federal Courts Committee, 2010-2013)

New York State-Federal Judicial Council, Advisory Group (Founding member, Co-Chair, 2000-2007)

New York Women's Bar Association Foundation, Inc. (Board of Directors)

American Bar Association

Admissions

New York 1992 (active)

U.S. Supreme Court (2000)

U.S. Courts of Appeals for the Second, Third, Seventh Circuits

U.S. District Courts for the Southern and Eastern Districts of New York (1992)

Specialized Court Programs in Federal and State Court, New York State-Federal Judicial Council, Program Chair (2021)

Publication: Complex Litigation Just Got More Complex: Adapting to a Virtual New Reality, New York Law Journal (2020)

New York State and Federal Courts: Adapting to Covid and Beyond, New York State-Federal Judicial Council, Panelist (2020)

“Is Corporate Law Dead?” Columbia Law School Symposium, Panelist (2019)

Admissibility of Expert Testimony in State and Federal Courts, New York State-Federal Judicial Council, Moderator, Program Chair (2018)

Crisis Management and Internal Investigations, Columbia Law School, Guest Lecturer (2015)

E-Discovery 2015: Best Practices and Ethical Implications, New York City Bar Association, Panelist (2015)

2014 Litigation Summit: In-House Counsel, Outside Counsel, Judges and Academics Examine the Changing Practice of Litigation, NY City Bar Association, Panelist (2014)

“Bet the Company” Litigation 2012: Best Practices for Complex Cases, PLI Seminar, Panelist (2012)

Publication: Protecting Directors Against Liability in Light of the In Re Citigroup Shareholder Derivative Litigation Decision, Bloomberg Law Reports (2009)

NY City Bar Basic and Advanced Commercial Mediation Training (2018)

NY State Bar Dispute Resolution Training (2017, 2018)

NY State Bar Arbitration Training (June 2019)

AAA Arbitration Training (July 2019)

Continuing Education in Dispute Resolution:

Mediation in the Federal Courts, SDNY Mediation Program (May 2019)

Best Practices when Using Zoom for Mediations: 10 Things All Lawyers Should Know, NYSBA Dispute Resolution Section (December 2020)

Impartiality: Do You Know Where Your Biases Are? AAA (March 2022)

Recent Developments in Arbitration, New York University (November 2022)

Process Essentials for AAA Arbitrators, AAA (December 2022)

Tough Calls and Recurrent Issues in Arbitration: Solutions from Experts, NYSBA Dispute Resolution Section (December 2022)

Why Do You Mediate the Way You Do? SDNY Mediation Program (October 2023)

Thinking 101 and Mediation: Second Circuit Civil Appeals Mediation Program, Courthouse Colloquy (December 2023)

Arbitration “War Stories”: Cautionary Tales from Panel Members, NYSBA Dispute Resolution Section (December 2023)

ADR and Diversity, NY Law School (January 2024)