Marissa Alter-Nelson

Ms. Alter-Nelson’s experience includes representing:

Antitrust and Competition

• Counsel for Citigroup and affiliates in In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, a consolidated MDL, consisting of putative class actions brought on behalf of all merchants in the US. The lawsuits have alleged that card issuers have colluded with and through Visa and Mastercard for the networks to adopt rules regarding interchange fees and merchant “point-of-sale” conduct. This ongoing litigation has been described as the largest private antitrust litigation in US history.*

Derivatives and Securities

• A commercial bank in a favorable settlement related to proceedings in the US District Court for the Southern District of New York and Texas state court for various contract and tort claims concerning the sale of derivative financial products
• A global financial services firm and affiliated entities in individual and putative class actions alleging misrepresentations and omissions relating to mortgage-backed and asset-backed pass-through certificate offerings

Business Torts

• AT&T in securing the dismissal of a lawsuit in the Northern District of Georgia — which the US Court of Appeals for the 11th Circuit affirmed — that brought tort, contract, and statutory claims against and sought almost US$2 billion in damages*
• The Canadian Imperial Bank of Commerce (CIBC) in a hotly contested litigation and three-week trial against Cerberus Capital Management, in which Cerberus sought more than US$1 billion in damages and CIBC asserted counterclaims exceeding US$600 million*
• A party in a real estate partnership dispute that included multiple-day hearings on emergency litigation in New York state court, in which she successfully preserved ownership and management rights of property at issue*
• An electronics company in a successful motion to dismiss and motion for summary judgement in a dispute with a major cell phone manufacturer regarding technology development, both of which were upheld on appeal*

Bankruptcy

• Accor Hotels, as co-lead trial counsel, in:
  • Bankruptcy litigation against the former Fairmont San Jose Hotel’s ownership group arising out of the breach termination of the hotel management agreement, in which she obtained a favorable claim estimation ruling*
  • A follow-on arbitration proceeding to the bankruptcy litigation, in which she secured an eight-figure damage award for Accor*
• A defendant in multibillion-dollar bankruptcy court litigation in which a debtor asserted claims of fraudulent transfer and alter-ego liability*
• A group of ad hoc noteholders in a footwear and apparel company’s Chapter 11 proceedings*
• Debtors and secured lenders in various adversary proceedings brought in the US Bankruptcy Court for the Southern District of New York and District of Delaware*

Cybercrime and Data Breaches

• An investment bank in connection with a global rapid data breach response effort*

Government Investigations and Litigation

• Huawei Technologies, one of the world’s largest telecommunications equipment and consumer electronics manufacturers, in US v. Huawei Technologies, one of the highest profile corporate prosecutions that the DOJ has brought in the past decade and a focal point of the United States’ increasingly contentious relationship with the People’s Republic of China*
• A ride-sharing service in emergency litigation with state and local regulators that generated substantial media coverage, including from Law360, The American Lawyer, CBS News, and the Associated Press, in which she prevented the court from issuing a temporary restraining order and obtained a favorable settlement that permitted the company to launch its ride-sharing service in all five New York City boroughs*
• Numerous financial institutions in connection with DOJ- or FTC-issued civil investigative demands*
• An accounting firm in a DOJ investigation into the firm’s audit client’s potential Foreign Corrupt Practices Act (FCPA) violations, including representing former employees in DOJ and US Attorney’s Office interviews*

Arbitration

• A Korean client under the aegis of the International Chamber of Commerce (ICC) in obtaining a multimillion-dollar damages award in arbitration for breach of contract and good faith claims related to a long-term metals offtake agreement — including a US$3.5 million award for attorney’s fees and costs — and defending against counterclaims for tens of millions of dollars*
• A financial holding company in a pending arbitration under the aegis of the International Institute for Conflict Prevention & Resolution against its predecessor arising from a tax agreement*
• A petroleum company in defending against claims seeking hundreds of millions of alleged damages in the London Court of International Arbitration and obtaining a US$4 million award in fees and costs, which generated significant media coverage*

*Matter handled prior to joining Latham

Speaking Engagements

• Moderator, “2022 Juneteenth Commemoration with Dr. Jelani Cobb,” June 16, 2022
• Panelist, “Cyber Risk: Our Roles as Attorneys and Surviving a Corporate Cyber Attack,” National Bar Association 33rd Annual Corporate Counsel Conference, New Orleans, February 2020
• Panelist, “Using the Media to Litigate,” National Association of Women Lawyers (NAWL) Thirteenth General Counsel Institute, New York, November 2017

Publications

• Co-author, “New York Passes Nation’s First Right-to-Repair Law for Electronics,” Sidley Update, July 5, 2022
• Co-author, “New York Court of Appeals Rules Corporate Convertible Loans May Be Subject to Usury Laws,” Sidley Update, October 18, 2021
• Co-author, “Examining the Scope of Waivers for Intentional Production of Privileged Information,” NYSBA NYLitigator, Fall 2017