Marino, Tortorella & Boyle, P.C., a four-lawyer litigation boutique considered by many to be the preeminent such firm in the New York metropolitan area, was founded by Kevin H. Marino in 1996. The firm is best known for the extraordinary results it has achieved, for both corporations and individuals, in a broad range of complex commercial litigation and regulatory matters as well as grand jury investigations and criminal prosecutions. The firm also conducts internal corporate investigations and advises corporations, law firms and senior executives on strategic business decisions.
Among the firm’s notable achievements, it successfully defended a hedge fund and its principal against allegations that they facilitated a multi-billion dollar fraud that led to the demise of one of the world's largest commodities and futures brokerage firms, persuading authorities not to pursue civil enforcement or criminal charges against the firm or the principal and winning the dismissal of civil litigation brought on behalf of investors in the brokerage; negotiated a nuisance-value settlement on behalf of a major Wall Street investment bank accused of orchestrating a $1 billion fraud with the owners of a sub-prime lender and several other Wall Street banks; won an injunction leading to the dismissal of a FINRA arbitration brought against the investment bank by a former broker; won summary judgment for the plaintiff in a shareholder oppression suit against a closely-held advertising firm; negotiated the favorable settlement of an employment action brought against a prominent university by the former head coach of one of its NCAA Division I athletic programs; successfully represented an official in the university’s athletic department in an investigation by the NCAA’s Division of Enforcement; prevailed in two separate labor arbitrations on behalf of a New Jersey public utility; won summary judgment for the utility in five separate civil actions, including one brought by a major developer seeking to compel the public utility to bear the cost of relocating its facilities to accommodate a private development; and won a multimillion dollar arbitration award against a New Jersey municipality that wrongfully terminated its redevelopment agreement with one of the country’s largest real estate development companies.
The firm also recovered more than $50 million from a major investment bank for an investor whose funds were improperly invested in municipal auction-rate securities; won a probationary sentence and reinstatement to the National Hockey League for a former NHL All Star and coach charged with running an illegal gambling enterprise; negotiated the settlement of a copyright infringement suit on behalf of an author whose original book was appropriated and used as the basis for a film directed by a prominent filmmaker; won an eight-figure settlement on behalf of a public utility whose insurer defaulted on two multi-million dollar environmental insurance policies and won an additional multi-million dollar settlement in a follow-on action against the insurance broker that originally procured the policies; steered two prominent hedge funds through a complex web of criminal investigations, an SEC enforcement action and a host of investor arbitrations and lawsuits in cases involving dollar losses in the hundreds of millions, persuading the United States Attorneys in New York and New Jersey not to indict the entities or their principals; persuaded the SEC to take no action against two prominent political figures implicated in an insider trading probe; successfully represented senior executives at two prominent investment banks and a major insurance company in IPO allocation, market timing and broker commission investigations instituted by their respective firms, the SEC, the NASD and the New York Attorney General.
The firm also successfully negotiated a first-of-its-kind consent order on behalf of a Utah-based internet pharmacy, winning the right to dispense specified legend drugs based entirely on an online assessment tool, resulting in the adoption in 2010 of a Utah statute closely tracking the terms of that consent order; successfully brokered the settlement, during trial, of a multi-million dollar rescission action arising from the failed merger of two hospital holding companies; won summary judgment on behalf of one of New Jersey's largest law firms in a highly-visible employment action brought against the firm by one of its founding partners; won a $22 million counterclaim against a Korean trading company on behalf of an importer following a two-week bench trial in federal district court in Iowa; won the acquittal of a physician charged with income tax evasion following a two-week jury trial in federal district court in New Jersey; won a no-cause verdict following a jury trial on behalf of a New Jersey municipality sued by the executor of a municipal detainee injured in a failed suicide attempt while in police custody; won a new trial that led to a probationary sentence for a securities broker convicted of bribery in federal district court in New York, and negotiated an SEC settlement that preserved much of the profit earned by a 16-year-old Internet stock trader who was the youngest person ever to be charged by the S.E.C., a case that was the subject of a 60 Minutes segment, a cover story by the author Michael Lewis that appeared in The New York Times Magazine, and a segment of Mr. Lewis's book, Next: The Future Just Happened.
The firm is presently defending a major Wall Street investment bank in a multimillion dollar FINRA arbitration brought by a former managing director of the firm; defending the former CEO of a manufacturing company charged with insider trading in an SEC civil enforcement action and a federal criminal complaint brought by the United States attorney in New Jersey; representing a public utility in a dispute arising from a failed solar energy project; and representing numerous other companies and individuals in complex commercial litigation and ongoing federal and state grand jury and regulatory investigations.
