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ProfessionalsMarques S. Tracy

Marques S. Tracy
Counsel

Tel: +1-212-373-2271
Fax: +1-347-626-2672
mtracy@paulweiss.com

Tel: +1-212-373-2271
mtracy@paulweiss.com
New York

1285 Avenue of the Americas
New York, NY 10019-6064
Fax: +1-347-626-2672

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A counsel in the Litigation Department, Marques Tracy focuses on complex civil litigation, including M&A litigation, federal securities litigation and other complex shareholder and corporate governance disputes. He has litigated high-stakes cases in federal and state courts nationwide, with a particular emphasis on the Delaware Court of Chancery. Marques also has experience representing clients in regulatory and internal investigations, both domestically and internationally. His clients have included public companies across a wide range of industry sectors, including financial services, energy, industrials, manufacturing, pharmaceuticals, sports and technology.

EXPERIENCE

Marques’s recent experience in M&A litigation includes representing:

  • Moelis & Company LLC, Archer Aviation Inc., and various related entities, directors and officers in a class action pending in the Delaware Court of Chancery related to the de-SPAC merger between Moelis and Archer;
  • The Special Committee and additional independent directors of travel platform Expedia Group, Inc. in a multi-year litigation and internal investigation of claims of a shareholder derivative breach of fiduciary duty class action brought in the Delaware Court of Chancery related to Expedia’s $2.6 billion acquisition of Liberty Expedia Holdings;
  • SourceHOV in an appeal to the Delaware Supreme Court after an adverse judgment in an appraisal action before the Delaware Chancery Court;
  • Tyson Foods in the dismissal of a books and records lawsuit brought by a shareholder in the Delaware Court of Chancery alleging corporate mismanagement and child labor law violations;
  • Two special committee directors of Qualtrics in the dismissal of a shareholder action brought in the Delaware Court of Chancery challenging its sale to affiliates of Silver Lake Group; and
  • A private equity firm in a derivative action pending in the Delaware Court of Chancery alleging breaches of fiduciary duty in connection with payments made to founders and others upon its conversion from a public partnership to a C-corporation pursuant to a tax receivable agreement.

His recent experience in federal securities litigation includes representing:

  • Rent the Runway and certain officers and directors in a securities class action brought in the Eastern District of New York challenging statements made in connection with company’s IPO;
  • 3M Company and several of its officers and directors in the dismissal, with prejudice, of a securities class action and related shareholder derivative suits in the District of Minnesota based on the alleged failure to disclose contingent environmental liabilities;
  • Apyx Medical, its CEO and CFO in the settlement of a securities class action in the Middle District of Florida based on the issuance of FDA medical device safety communication;
  • Centessa Pharmaceuticals, its CEO, and several other officers and directors in a securities class action challenging statements made in connection with its IPO regarding a clinical trial of experimental treatments;
  • Energy Recovery in the dismissal of a federal securities class action in filed in the Southern District of New York in connection with the termination of a licensing agreement;
  • Palantir Technologies and certain officers and directors in the dismissal of a securities class action brought in the District of Colorado;
  • Li-Cycle and certain of its officers in the dismissal of a securities class action brought in the Southern District of New York alleging that the company misled investors about the construction costs and progress of its battery recycling facility in New York;
  • a large investment management firm in a putative class action brought by contemporaneous traders of pharmaceutical stocks under Section 20A of the Exchange Act; and
  • a large multinational investment bank in connection with a billion-dollar class action alleging misconduct in U.S. Treasury auctions.

Marques also has significant experience representing clients in regulatory investigations by the U.S. Department of Justice, the Securities and Exchange Commission and the Financial Industry Regulatory Authority, as well as in internal investigations. Among others, his experience includes representing:  

  • multiple investment management firms in connection with federal insider trading investigations by the DOJ and SEC;
  • a French transnational natural resources company in connection with internal and FCPA investigations by the DOJ and SEC;
  • a large technology firm in connection with an FCPA investigation by the SEC; and
  • a professional sports league in connection with an internal investigation into allegations of misconduct by team officials and players.

Marques previously completed a six-month in-house secondment at a Fortune 50 technology company where he focused on class action litigations in federal and state courts and advised teams across various business units.

While in law school, Marques was co-managing editor of the Columbia Business Law Review.

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