In the News
January 8, 2015 – Court of Appeals Gives Big Win to Marmur Law Firm Client
In its first decision of the 2015 term, the New York Court of Appeals, the State’s top court, unanimously reversed a sanctions order that had been imposed by the Appellate Division, First Department against a Park Avenue law firm. In reversing, the Court of Appeals held that the Appellate Division had “abused its discretion” in finding that the firm had engaged in frivolous conduct. Nathaniel Z. Marmur represented the law firm.
March 17, 2015 – Marmur Wins Major Jury Trial
Nathaniel Marmur won a five-day jury trial in federal court in White Plaints when, on March 13, 2015, he obtained a unanimous verdict clearing his client of all liability in a closely-watched case under the federal Wiretap Act. Plaintiff Annabelle Zaratzian sued her ex-husband and Mr. Marmur’s client, Dr. Ramsey Abadir, claiming that he had illegally intercepted her emails over several years spanning the parties’ separation and divorce. The case raised novel issues under the federal Stored Communications Act (SCA) and the Wiretap Act. Prior to trial, Mr. Marmur was able to obtain summary judgment dismissing the SCA claim and various state law tort claims, leaving only the Wiretap Act claim to be tried. Plaintiff sought both statutory and punitive damages, but lost on the fundamental question of liability when the jury returned in just four hours handing Dr. Abadir a complete and total win.
The trial was reported daily by the New York Post and the defense verdict was featured on the front page of the March 17, 2015 New York Law Journal.
October 2018 -- Marmur Selected to SuperLawyers
For the eleventh straight year, Nathaniel Marmur was selected as a SuperLawyer in the field of Criminal Defense, White Collar.
August 8, 2018 -- Marmur Wins Reversal of Fraud Convictions in Second Department
Today, the Appellate Division, Second Department, reversed the five challenged convictions of Olga Milman, who had been found guilty of larceny and scheme to defraud in Suffolk County. The Court found that the statute of limitations had run for the three larceny counts. It also concluded that the lower court had erred in failing to give a defense instruction on the two scheme to defraud counts, and it ordered a new trial on those charges. Mr. Marmur represented Ms. Milman on this appeal.
September 12, 2017 -- Damages Reduced By $60 Million on Appeal
Today, the Appellate Division, First Department, reduced on appeal the award of damages against defendants, Mr. Marmur's clients, in Matter of 91st Street Crane Collapse Litigation. The case, which has been widely followed and reported, involved the deaths of two workers at a building site on the Upper East Side of Mantattan. The Court found that the jury's award of $95 million materially deviated from reasonable compensation, and drastically reduced the amount to $35 million.
May 26, 2017 -- Marmur Wins Second Circuit Appeal
Today, the Second Circuit unanimously affirmed the trial victory Nathaniel Marmur secured in 2015 in Zaratzian v. Abadir, a case involving novel applications of the Stored Communications Act and the Wiretap Act as applied to a divorced couple. As noted below, Mr. Marmur won a jury verdict in federal court in White Plains absolving his client of all liability for allegedly reading his ex-wife's e-mails. Today, a three-judge panel of the federal appellate court in New York City rejected all of plaintiff's challenges to that verdict and affirmed the defense victory in all respects.
April 19, 2017 -- Marmur Named Distinguished Alumnus
Today, Nathaniel Marmur received the Distinguished Alumnus award from the Fordham Law School Moot Court Board. The award recognized Mr. Marmur's contributions to the Board while a student at Fordham, as well as his excellence in appellate advocacy as a practitioner over the past two decades.
Over 100 students, alumni, faculty, and judges were on hand to enjoy a dinner in his honor and a celebration of the outstanding work of the School's Moot Court Board and its successful competition teams.
February 14, 2017 -- Marmur Wins Major Federal Civil Trial
Today Judge Loretta A. Preska of the United States District Court for the Southern District of New York issued a 266-page decision in favor of Mr. Marmur's client -- a major Middle Eastern bank -- following a jury trial that occurred last summer. The case, which has been widely reported, is Lakah v. UBS AG, et al. In her decision, Judge Preska ruled that the bank could pursue personally in arbitration the owners of a company that had issued millions of dollars in defaulted Eurobonds. Judge Preska found that the bank had successfully "pierced the corporate veil" and thus, after nine years of federal court litigation, the bank prevailed.
July 7, 2016 – Marmur Wins Reversal of Bank Fraud Convictions
Nathaniel Marmur won a major victory for Michael Bouchard, an Albany real estate attorney, when the United States Court of Appeals for the Second Circuit reversed Mr. Bouchard's bank fraud and false filing convictions. In doing so, the Second Circuit broke ranks with the First Circuit and created new law, expressly holding that a subsidiary mortgage lender was a legally distinct entity from its parent bank. As Mr. Marmur successfully argued, Mr. Bouchard only dealt with the mortgage company and was unware of the bank's existence. In the Court's view that made all the difference, as the fedreal criminal charges required conduct directed at an insured financial institution, which the mortgage company was not. As a result of the reversal, which involved three of the four counts of conviction, the Second Circuit held that Mr. Bouchard was entitled to a new sentencing proceeding.
December 18, 2014 - Marmur Profiled in the New York Law Journal
Nathaniel Marmur, and his new firm, was featured prominently on the front page of today’s New York Law. The newspaper reported that Mr. Marmur “appears frequently before the New York Court of Appeals” and that he has represented prominent clients, including the former CFO of Tyco in what had been billed as “the largest grand larceny case in state history.” The story also quoted Mr. Marmur as explaining why, in a small practice, he can more efficiently represent the individuals and small companies that make up the majority of his practice.