Mark Jacoby

Partner

Weil, Gotshal & Manges LLP

Current

Current

Citi; Lehman Brothers Acquisition Financing for Allison Transmission Represented Citi and Lehman Commercial Paper Inc., as lenders, in the $4.6 billion financing of a portion of the purchase of certain assets of Allison Transmission from General Motors Corporation.

Current

Wal-Mart Furman v. Walton Successfully defended the Board of Directors in a case related to the largest employment discrimination case ever certified as a class action. Won motion to dismiss.

Current

Tyco International Ltd. Outside Directors/Audit Committee Member of Tyco International Ltd. Obtained dismissal of breach of fiduciary duty claims against outside directors in ERISA class action against Tyco and others by 401K plan participants for losses suffered in plan investments in company stock. more

Current

Merrill Lynch Merrill Lynch/ERISA Obtained appellate victory affirming a lower court's summary judgment decision in an ERISA breach of fiduciary duty action, and the Third Circuit of Appeals affirmed.

Current

Merrill Lynch Merrill Lynch/Herzog Heine Geduld ESOP Successful defense of suit by ESOP participants for breach of ERISA fiduciary duty against plan sponsor, executives and plan trustee based upon alleged failure to ensure that current plan participants reaped benefit of premium received on unallocated stock held by ESOP, in connection with exchange offer and corporate merger. more

Current

Merrill Lynch & Co. Inc. Merrill Lynch/Securities Class Action Obtained dismissal of claims against Merrill Lynch & Co., Inc. in a complex purported shareholder derivative and class action involving alleged securities and ERISA violations, for the alleged failure to disclose material information in connection with Merrill Lynch's acquisition of a leading NASDAQ market-maker.

Current

America Online, Inc, MTV Networks and Others Copyright Arbitration Royalty Panel and Copyright Royalty Board Proceedings Represented a group of “webcasters” (including America Online, Inc., MTV Networks and others) in a series of Copyright Arbitration Royalty Panel and Copyright Royalty Board proceedings under sections 112 and 114 of the Copyright Act, to determine the structure and amount of royalties for the “streaming” of sound recordings on the Internet. These proceedings involve hearings spanning many months and involve economic issues of critical importance to our clients. more

Current

Internet Radio “Webcasting” Industry In the Matter of Digital Performance Right in Sound Recordings & Ephemeral Recordings Lead counsel heading Weil Gotshal's trial team in representation of the online "webcasting" industry in the largest-ever Copyright Arbitration Royalty Panel proceedings under sections 112 and 114 of the US Copyright Act, to determine the structure and amount of royalties for the “streaming” of sound recordings on the Internet. These cases have spanned the 1998-2002 and 2003-04 statutory license periods and involved successful three-month trial proceedings and subsequent appellate proceedings. Clients involved included AOL, Yahoo!, MTV Networks, RealNetworks and others. Related litigation involved rulemaking proceedings on behalf of these clients before the US Copyright Office. more

Columbia University

LL.B.

1966

Cornell University

1963

B.S.E.E.

Publication

Publication

Publication

Publication

Publication

Publication

Publication

Publication

New York Labor & Employment Law Seminar, "Alternative Staffing Arrangements." Sponsored by Lorman Education Services. (New York, NY, February 21, 2001)