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Mark Lebovitch
Partner
M
r. Lebovitch is primarily responsible for the firm's corporate governance litigation practice, focusing on derivative suits and transactional litigation.  Most recently, he represented public pension systems seeking to vindicate shareholder voting rights allegedly infringed by Yahoo!, Inc.'s employee severance plan and by a unique merger agreement provision (the "Election Walkaway") used in the private equity buyout of Ceridian Corporation.  He is currently challenging "Poison Put" rights that allegedly coerce an upcoming election at Amylin Pharmaceuticals and the allegedly self-interested termination of a premium acquisition agreement by the CEO of the Landry's Restaurants, Inc.  He recently obtained up to $57 million for shareholders over a year after the closing of the buyout of Dollar General Stores.  He has also helped obtain for shareholders higher prices and meaningful corporate governance improvements in suits arising from, among other things, the hostile takeover battles over Caremark Rx, Inc., CBOT Holdings, Inc., Longs Drug Stores, Inc., and Anheuser-Busch Companies, Inc., and the negotiated acquisition of Commerce Bancorp, Inc.

Mr. Lebovitch is also a member of the firm's subprime litigation team, and in that capacity is currently prosecuting In re MBIA, Inc. Securities Litigation and In re Ambac Financial Group, Inc. Securities Litigation., In re Citigroup, Inc. Bondholders Litigation and In re Merrill Lynch Bondholders Litigation.

Mr. Lebovitch clerked for Vice Chancellor Stephen P. Lamb on the Court of Chancery of the State of Delaware, and was a litigation associate at Skadden, Arps, Slate, Meagher & Flom in New York, where he represented clients in a variety of corporate governance, commercial and federal securities matters.

Mr. Lebovitch is an author and frequent speaker at industry events and continuing legal education programs on a wide range of corporate governance and securities related issues.  His publications include "'Novel Issues' or a Return to Core Principles? Analyzing the Common Link Between the Delaware Chancery Court's Recent Rulings in Option Backdating and Transactional Cases" (NYU Journal of Law & Business, Volume 4, Number 2); "Calling a Duck a Duck: Determining the Validity of Deal Protection Provisions in Merger of Equals Transactions" (2001 Columbia Business Law Review 1) and "Practical Refinement" (The Daily Deal, January 2002), each of which discussed evolving developments in the law of directors' fiduciary duties.

New York
Tel: (212) 554-1519
Fax: (212) 554-1444
markl@blbglaw.com
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Education:

Binghamton University - State University of New York, 1996, B.A., cum laude

New York University School of Law, 1999, J.D., cum laude

Bar Admission(s):

New York

U.S. District Court, Southern District of New York

U.S. District Court, Eastern District of New York