Ranked in 1 Practice Areas
5

Band 5

Litigation: General Commercial

New York

3 Years Ranked

About

Provided by Lori Marks-Esterman

USA

Practice Areas

• Litigation

• Shareholder Activist Litigation

• Corporate Governance & Directors & Officers Litigation

• Real Estate Litigation

• Employment Litigation

• Activist & Equity Investment Practice

• Construction Litigation

• Cross-Border

• Loan Restructuring & Distressed Real Estate

Career

Lori Marks-Esterman is among the nation’s leading litigators representing investors and other stakeholders in capital markets matters and other complex commercial disputes. She is a seasoned trial attorney proficient in handling capital markets litigation and corporate governance disputes and she chairs Olshan’s Litigation Group.

Hedge funds, private equity companies, shareholder activists, real estate developers, and other public and private entities entrust their most challenging litigation matters to Lori. She litigates and has secured critical wins in multimillion- and multibillion-dollar litigation matters in influential jurisdictions in securities-related litigation, M&A disputes, and cases involving corporate governance, shareholder activism, breach of contract, breach of fiduciary duty, and D&O liability.

Lori also excels in general commercial litigation, assessing risk, defining strategy, and devising business solutions that drive value. She has prevailed in business, contract, and investor disputes, real estate litigation, business tort cases, and commercial employment-related claims.

Investors in private and public companies routinely rely on Lori in high-profile contentious activist matters. She has served as lead trial counsel in several highly sophisticated matters tried in the Delaware Court of Chancery and New York courts.

Lori also has significant experience in cross-border matters, utilizing Section 1782 cases to obtain critical evidence in the U.S. for use in foreign litigation. Working closely with foreign co-counsel, Lori develops case and discovery strategies for foreign disputes. Among these, she represented IsZo Capital LP in the Southern District of New York in a $170 million private placement dispute that culminated in what various media called “an epic” victory. She also recently secured a multibillion-dollar precedent-setting win on a Section 1782 application that sought discovery from multiple corporate respondents in a $2.7 billion merger. Lori’s consistent success in these matters has helped increase the potency of Section 1782 as a tool in litigation involving international business transactions.

A fierce, persistent, and zealous advocate, Lori evaluates the pros and cons of the client’s position and then leverages the pressure points through the various stages of litigation to routinely deliver successful results. With a clear understanding of the problems and her clients’ goals in mind, she plots a strategic course focused on the finish line. Chambers commented that “Lori Marks-Esterman is a strong choice for hedge funds, public companies and shareholders in contentious matters arising from merger transactions.”

Lori is a fellow of the prestigious Litigation Counsel of America, an invitation-only trial lawyers’ honorary society recognizing excellence among American litigation and trial counsel. She is a member of Olshan’s Executive Committee, Women’s Committee, and Diversity and Inclusion Committee.

Professional Memberships

• Litigation Counsel of America

• New York City Bar Association

• 100 Women in Finance

• Co-Founder, Women in Alternatives, a senior-level women’s group focused on advancing the interests of professional women

Personal

• Named a “Leading Lawyer” by Chambers USA, 2021 and 2022

• Fellow of the prestigious Litigation Counsel of America, an invitation-only trial lawyer honorary society. Membership is limited to 3,500 fellows, representing less than one-half of one percent of American lawyers.

• Named among the “Notable Diverse Leaders in Law” by Crain’s New York Business in 2022

• Named among the “Notable Women in Law,” in 2018 and 2020.

• Honored as a “Leading Lady” at the Third Annual Mann Charitable Foundation Event in 2019

• Consistently named to the New York Metro Super Lawyers list since 2013

• Named a “Rising Star” by New York Metro Super Lawyers, 2012

• Recognized among the “Top Women Attorneys” in the New York Metro Area by Super Lawyers since 2013

• Awarded “Deal of the Year” and “Activist Campaign of the Year” by The Deal for representation of George Feldenkreis in his nomination of directors and successful unsolicited acquisition of Perry Ellis.

Expert in these Jurisdictions

• U.S. District Court for the Eastern District of New York, 2012

• U.S. District Court for the Southern District of New York, 2003

• New York State, 1999

Education

George Washington Law School

J.D., with honors

1998

Binghamton University

B.A., magna cum laude

1995

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