Marc Wolinsky has been a member of the Litigation Department at Wachtell, Lipton, Rosen & Katz since 1987. His practice includes corporate governance, contracts, insurance and securities litigation.
Most recently, Mr. Wolinsky led the successful representation of Rohm and Haas in compelling Dow Chemical to close on the acquisition of that company. Mr. Wolinsky was a lead member of the trial team that successfully defeated Tyson’s claim that IBP had suffered a "material adverse change" in its business. The case, IBP v. Tyson, is the lead precedent on what constitutes a "material adverse change." Mr. Wolinsky also was the lead lawyer representing J.C. Flowers, Bank of America and JPMorgan Chase in Delaware Chancery Court litigation with Sallie Mae over whether Sallie Mae had suffered a material adverse change in its business.
Mr. Wolinsky recently led the representation of JPMorgan Chase in Delaware Chancery Court and New York Supreme Court litigation over JPMorgan’s acquisition of Bear Stearns, and participated in the successful defense of Delaware Chancery Court litigation between IAC/Interactive and Barry Diller against Liberty Media and John Malone.
Following 9/11, Mr. Wolinsky was a lead member of the team representing Larry Silverstein in insurance litigation arising out of the destruction of the World Trade Center. As part of that representation, Mr. Wolinsky was a member of the trial team that successfully convinced a New York jury that the attacks on the World Trade Center should be treated as two "occurrences" for insurance purposes. He then led the effort to settle the case, which resulted in the May 24, 2007 announcement by then-Governor Spitzer of what was reported to be the largest property insurance settlement in history. Mr. Wolinsky is continuing to represent Silverstein in its ongoing with the Port Authority.
As part of his pro bono work, Mr. Wolinsky was the lead lawyer representing Joseph Steffan in his challenge to the ban on the service of gay men and women in the military, arguing the case to the D.C. Circuit sitting en banc.
Marc Wolinsky joined Wachtell after clerking for the Honorable Henry J. Friendly of the United States Court of Appeals for the Second Circuit from 1980 - 1981. He received his B.A. with High Honors from Swarthmore College in 1977, and his J.D. with Honors from the University of Chicago Law School. While in Law School, he was a member of The University of Chicago Law Review and served as a Comment and Articles Editor. Mr. Wolinsky has argued appeals in the D.C. Circuit, the New York Court of Appeals and the Appellate Division of the New York State Supreme Court. He is admitted to practice in the State of New York, the United States District Court for the Southern and Eastern Districts of New York, the United States Courts of Appeals for the Second, Seventh and D.C. Circuits and the United States Supreme Court. |