Marjorie E. Sheldon is an experienced trial lawyer and e-discovery expert.

She has extensive experience representing issuers, directors and officers, and board committees in connection with securities fraud suits and regulatory and internal investigations. Her diverse litigation practice has also included false advertising, trademark, trade secret and counterfeiting cases, bankruptcy litigation, insurance coverage disputes, employment and labor litigation, real estate litigation, partnership disputes, and complex commercial contract disputes of all shapes and sizes on behalf of both individuals and corporations. In addition to her litigation practice, she is also E-Discovery Counsel in the New York office.

She has represented companies in a range of industries, including pharmaceuticals and consumer products, biotechnology, petrochemicals, finance and investment banking, real estate development, fashion, and technology, at trial and on appeal as well as in arbitrations and mediations.

Marjorie’s notable recent matters include representing a small petrochemical company in a successful ICC arbitration concerning a site services agreement; representing a leading biotechnology company in a federal court action against a major pharmaceutical corporation concerning a collaboration agreement to commercialize a migraine drug; representing a major financial services company and its CEO and CFO in a securities fraud suit arising out of a terminated merger; representing the general counsel of a multibillion-dollar global company in an SEC lawsuit in federal court in the District of Columbia, alleging failure to timely disclose a loss contingency under securities laws; representing the co-owner/founder of a major privately held corporation in a bench trial in Delaware Chancery Court, and in related lawsuits in New York State court, arising out of disputes between the co-owners of the business. She has also submitted amicus briefs to the U.S. Supreme Court in multiple pro matters concerning a range of constitutional issues.  

Marjorie has served on the firm's Women’s Initiative Committee as well as the Women in the Profession Committee of the New York City Bar Association, including the Subcommittee on Women and Leadership. She is also a member of the Sedona Conference and its working group on Electronic Document Retention and Production.  

Experience & capabilities

Selected matters

  • Securities and Shareholder Litigation
    • Obtained dismissal of all securities claims against former directors and officers of a company that acted as a third-party administrator for group self-insured trusts in New York State, in a class action lawsuit filed in the U.S. District Court for the Southern District of New York.

    • Obtained dismissal of all securities claims against Bear Stearns in a class action lawsuit filed in the U.S. District Court for the District of New Jersey.

  • Lanham Act and False Advertising Litigation
    • Successfully represented AstraZeneca in a Lanham Act suit to enjoin Eli Lilly from making false efficacy claims concerning Lilly’s osteoporosis drug, Evista, and Zeneca’s breast cancer drug, Nolvadex.

  • Complex Commercial Litigation
    • Represented a petrochemical company and prevailed in an ICC arbitration concerning a contractual dispute over certain provisions in a site services agreement.

    • Represented a hedge fund and prevailed at trial in a distressed debt litigation.

    • Represented the co-founder/owner of a major privately held corporation in a bench trial in Delaware Chancery Court, in related lawsuits pending in New York State court, and in mediations in both forums, arising out of disputes between the company’s two owners.

    • Represented Bear Stearns and a number of current and former officers and directors in multiple class and derivative suits, and other civil actions and investigations, arising out of the collapse of two Bear Stearns structured securities hedge funds relating to the subprime mortgage crisis.

    • Obtained summary judgment for Citibank N.A. in an action in New York Supreme Court involving a commodities swap transaction.

  • Pro Bono Litigation
    • Co-authored a US Supreme Court amicus brief on behalf of the American Medical Association in support of gun safety regulation.

    • Represented Everytown for Gun Safety as amicus curiae in the New York Court of Appeals in support of a claim by a victim of gun violence.

    • Co-authored a US Supreme Court amicus brief on behalf of foreign and international law experts in support of coverage for reproductive healthcare.

Background

Education

  • J.D., Harvard Law School, 1993
  • M.A., English, Columbia University, 1987
  • B.A., summa cum laude, English, University of Pennsylvania, 1986

Bar Admissions

  • New York, 1994

Court Admissions

  • U.S.D.C., Eastern District of New York, 1994
  • U.S.D.C., Southern District of New York, 1994
  • New York State Court of Appeals

Professional Affiliations

  • New York City Bar Association
  • American Bar Association
  • National Association of Women Lawyers
  • Harvard Law School Association of New York City