Marino, Tortorella & Boyle, P.C. is the firm individuals and companies turn to when the stakes are highest.
While the firm is perhaps best known for its white-collar criminal defense practice, it routinely delivers extraordinary results in a broad variety of matters, including government investigations and complex commercial litigation. The firm's success stems from its consistent and proven approach to solving its client's problems - through excellent written and oral advocacy, sound judgment, imagination, and a fierce determination to achieve the best possible outcome.
437 Southern Boulevard
Chatham NJ 07928
Marino, Tortorella & Boyle, P.C., a five-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.
All of our lawyers are former federal law clerks with years of experience in prestigious national law firms.
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 advises corporations, law firms and senior executives on strategic business decisions. Each member of our team is intimately involved in each of the firm's cases.
Many of the firm's greatest victories are not publicly known because they resulted from persuading prosecuting or regulatory authorities not to pursue charges against the firm's clients. Following are some of the firm's most notable recent public achievements:
-The firm defeated efforts by the New Jersey Legislative Select Committee on Investigation to compel Governor Christopher Christie's former Deputy Chief of Staff and campaign manager, William Stepien, to respond to a subpoena for documents relating to the so-called "Bridgegate" scandal. The New Jersey Superior Court's 98-page opinion fully vindicated Mr. Stepien's position that the Fifth Amendment of the United States Constitution and New Jersey common law protect innocent and guilty witnesses alike from government attempts to compel testimonial acts of production that might be incriminating.
-The firm won the dismissal, affirmed on appeal to the Second Circuit, of aiding-and-abetting fraud and breach of fiduciary duty claims against a hedge fund and its principal in connection with end-of-quarter round-trip loans that allegedly facilitated a fraud by failed financial services firm Refco. Krys v. Sugrue (In re Refco, Inc. Sec. Litig.), 08 Civ. 3086, 2012 U.S. Dist. LEXIS 108305 (S.D.N.Y. July 28, 2012), aff'd sub nom. Krys v. Pigott, 12-3575, 2014 U.S. App. LEXIS 6666 (2d Cir. Apr. 11, 2014).
-Having secured a $10.25 million dollar restitution judgment for a major financial institution against its former hedge-fund portfolio manager convicted of insider trading in securities held by the fund, United States v. Skowron, 839 F. Supp. 2d 740 (S.D.N.Y. 2012), the firm obtained a $31 million dollar summary judgment award against the former portfolio manager, recouping the entire salary the financial institution paid him during the period of his faithless service. Morgan Stanley v. Skowron, 12 Civ. 8016 (SAS), 2013 U.S. Dist. LEXIS 178435 (S.D.N.Y. Dec. 19, 2013).
-After winning a reversal in the Second Circuit Court of Appeals of the Economic Espionage Act and National Stolen Property Act convictions of Sergey Aleynikov, a former Goldman Sachs Vice President charged with stealing trade secrets related to Goldman Sachs's high-frequency trading platform, United States v. Aleynikov, 676 F.3d 71 (2d Cir. 2012), the firm successfully sued Goldman Sachs to secure Mr. Aleynikov's right to advancement of his legal fees and expenses to defend against related charges brought by the New York District Attorney's Office. Aleynikov v. The Goldman Sachs Group, Inc., 12 Civ. 5994, 2013 U.S. Dist. LEXIS 151603 (D.N.J. Oct. 16, 2013). The firm's continuing defense of Mr. Aleynikov was featured in a recent Vanity Fair article by noted author Michael Lewis. http://www.vanityfair.com/business/2013/09/michael-lewis-goldman-sachs-p..., and in Mr. Lewis's book, Flash Boys: A Wall Street Revolt.
-The firm secured the dismissal with prejudice of a complaint brought against a major pharmacy benefits manager by a relator under the False Claims Act and its state law analogues alleging that the PBM received reimbursement from the federal government based on fraudulently inflated drug prices. United States v. Express Scripts, Inc., 05 Civ. 1714 (DMC), 2013 U.S. Dist. LEXIS 175152 (D.N.J. Dec. 9, 2013).
-The firm secured the dismissal with prejudice of a putative class action brought by asbestos injury plaintiffs against the former general counsel of a company acquired by BASF, in which Plaintiffs alleged that the general counsel, the company, and its law firm spoliated evidence and made false statements about the asbestos content in the company's talc product. Williams v. BASF Catalysts LLC, 11 Civ. 1754 (SRC), 2012 U.S. Dist. LEXIS 175918, 2012 WL 6204182 (D.N.J. Dec. 12, 2012)
-The firm secured dismissal of a multi-million dollar FINRA arbitration brought against a major financial institution by the former COO of the firm's Asian real estate business, who had been placed on paid administrative leave in connection with an FCPA investigation.
-The firm is currently actively involved in defending several residential mortgage-backed securities litigations. The firm also regularly serves as local counsel in significant securities and patent litigations filed in New Jersey federal and state courts.
Kevin H. Marino, the firm's founder, received his undergraduate degree magna cum laude in English literature and political science from Drew University and his law degree cum laude from Seton Hall Law School, where he was Editor-in-Chief of the Law Review. He is today a member of the Board of Trustees of Drew University and the Board of Visitors of Seton Hall Law School, which in 2010 honored him with its Distinguished Graduate Award.
Upon graduation from law school, Mr. Marino served as law clerk to the Honorable Maryanne Trump Barry, then a Judge of the United States District Court for the District of New Jersey and today a senior judge of the United States Court of Appeals for the Third Circuit. Following his clerkship, he spent ten years at a prominent federal litigation boutique, interrupted by a one-year leave of absence to serve as Counsel to the Commissioner and Director of Litigation at the Department of the Public Advocate for the State of New Jersey. Mr. Marino has successfully tried and argued appeals in civil and criminal cases in federal and state court and in various administrative forums throughout the country, and has advised a host of corporations and individuals in a wide variety of matters. He has also taught criminal procedure, professional responsibility and legal writing as an adjunct professor at Seton Hall Law School and has published in the areas of constitutional law and professional ethics.
Mr. Marino is a Fellow of the American Bar Foundation; a member of the Board of Directors of the Legal Services Corporation of New Jersey; a member and former Trustee of the Association of Criminal Defense Lawyers of New Jersey; a Director of the United States District Court Historical Society; and an annual Honorary Chair of the Thurgood Marshall College Fund dinner committee, which in 2014 honored him with its Award of Excellence. He is also a past member of the Lawyers Advisory Committee of the United States District Court for the District of New Jersey and the New Jersey Supreme Court Civil Practice Committee; served as a member of the New Jersey Steering Committee of the Third Circuit Task Force on Counsel for Indigent Litigants in Civil Cases; and has served as a member of court-appointed Merit Selection Panels for both the appointment and the reappointment of United States Magistrate Judges for the District of New Jersey. He is a past recipient of the Essex County Bar Association's Criminal Trial Attorney Achievement Award and a lecturer for the Institute of Continuing Legal Education. He is the former Head of the Williams College Baseball Hit and Run Club and the Baseball Boosters at Delbarton School, a former member of the Westfield Baseball Board of Directors, and a former coach of numerous Westfield baseball and basketball travel teams.
Seton Hall University School of Law
Juris Doctorate, 1984
John Tortorella, who joined the firm in 2003 and became a name partner in 2007, received his undergraduate degree magna cum laude in History and Economics from Georgetown University and his law degree summa cum laude from Seton Hall Law School, where he was Articles Editor of the Law Review.
Upon graduation from law school, Mr. Tortorella served as law clerk to the Honorable Samuel A. Alito, Jr., then a judge of the United States Court of Appeals for the Third Circuit and today an Associate Justice of the Supreme Court of the United States. Following his clerkship, Mr. Tortorella was an associate at the New York law firm Paul, Weiss, Rifkind, Wharton & Garrison, LLP. Mr. Tortorella is the co-author, with Lewis D. Lowenfels, of "Sarbanes-Oxley Act and Securities Fraud," published in Investing Under Fire: Winning Strategies From The Masters For Bulls, Bears And The Bewildered, (Alan R. Ackerman, Ed., 2003), and a regular guest lecturer in Mr. Lowenfels's securities law class at Seton Hall Law School. He has previously been recognized as a New Jersey Rising Star and Super Lawyer, and was selected for the 2014 edition of The Best Lawyers in America.
Seton Hall University School of Law
Juris Doctorate, 1999
John A. Boyle, who joined the firm in 2004 and became a name partner in 2009, received his undergraduate degree in English Literature from Fairfield University and his law degree magna cum laude from Seton Hall Law School, where he was Articles Editor of the Law Review. While in law school, Mr. Boyle published the article, "Returning To Its Roots: An Examination Of The 1998 Amendments To The Entire Controversy Doctrine," 30 Seton Hall L. Rev. 310 (1999), for which he received the Law Review's Outstanding Member Scholarship Award. Upon graduation from law school, Mr. Boyle was an associate at the New York law firm Milbank, Tweed, Hadley & McCloy both before and after serving as law clerk to the Honorable Alfred J. Lechner, United States District Judge for the District of New Jersey. He was selected for the 2013 and 2014 editions of The Best Lawyers in America and the 2013 edition of Best Attorneys in New York.
Seton Hall University School of Law
Juris Doctorate, 2000
Roseann Bassler Dal Pra, who is of counsel to the firm, received her undergraduate degree cum laude from Dickinson College and her law degree from Georgetown University Law Center. Upon graduation from law school, Ms. Dal Pra served as law clerk to the Honorable Eugene E. Siler, Jr., a judge of the United States Court of Appeals for the Sixth Circuit. Prior to joining the firm, she was a senior associate at Holland & Knight, LLP.
Georgetown University Law Center
Juris Doctorate, 1996
Erez J. Davy joined the firm in 2013 after spending more than five years as a litigation associate at Sullivan & Cromwell and a year clerking for Judge Reena Raggi of the United States Court of Appeals for the Second Circuit. Erez received his undergraduate degree in History, with Honors, from the University of Washington and his law degree summa cum laude from Brooklyn Law School, where he served as an Executive Articles Editor of the Law Review and a member of the Moot Court Honor Society.
Brooklyn Law School
Juris Doctorate, 2005