Marissa Alter-Nelson

Commercial Disputes and Class Actions

• Co-lead trial counsel for Accor Hotels in bankruptcy litigation adverse to the ownership group of the former Fairmont San Jose Hotel arising out of the breach termination of the hotel management agreement; obtained favorable claim estimation ruling then served as co-lead counsel in follow-on arbitration proceeding and achieved eight figure damage award in favor of Accor.
• Representation of a multinational conglomerate holding company in securing the dismissal of a lawsuit in the Northern District of Georgia that brought tort, contract and statutory claims against and sought almost US$2 billion in damages from the client. Dismissal was affirmed by the Eleventh Circuit. 
• Representation of a ride-sharing service in emergency litigation with state and local regulators. Prevented issuance of a TRO and obtained a successful settlement that permitted the company to launch its ride-sharing service in all five boroughs of New York City. The case generated substantial media coverage, including reports by Law360, The American Lawyer, CBS News and the Associated Press. 
• Representation of a party in a real estate partnership dispute which included multiple-day hearings on emergency litigation in New York state court where Sidley successfully preserved ownership and management rights of property at issue.
• Defended a commercial bank in proceedings in the U.S. District Court for the Southern District of New York and Texas state court for various contract and tort claims concerning the sale of derivative financial products. Obtained a favorable settlement.
• Representation of a global financial services firm affiliated entities in individual and putative class actions alleging misrepresentations and omissions in connection with offerings of mortgage-backed and asset-backed pass-through certificates.
• Representation of an electronics company in a dispute with a major cell phone manufacturer regarding technology development. Successfully brought a motion to dismiss and a motion for summary judgment claims related to breach of contract and unjust enrichment, both of which were upheld on appeal.
• Representation of a major utility and the directors and officers of the corporation in shareholder litigation to block a merger. Successfully settled litigation prior to shareholder vote, allowing the merger to proceed.
• Representation of a major payment card issuer in consolidated antitrust actions brought by putative class of all U.S. merchants, as well as significant opt-out actions by large merchant plaintiffs.  

Bankruptcy Court Litigation

• Currently representing defendant in multi-billion dollar bankruptcy court litigation in which debtor asserted claims of fraudulent transfer and alter-ego liability.
• Representation of equity and other committees in litigation matters in Chapter 11 proceedings relating to transportation, financial services, and other industries.
• Representation of group of ad hoc noteholders in connection with Chapter 11 proceedings of footwear and apparel company.
• Representation of debtors and secured lenders in various adversary proceedings brought in the U.S. Bankruptcy Court for the Southern District of New York and District of Delaware.

Privacy

• Advised an investment bank in connection with a global rapid data breach response effort. 

Advisory and Regulatory Work

Marissa’s advisory and regulatory matters include:

• Representation of clients in connection with DOJ and FTC investigations and/or lawsuits related to certain M&A transactions.
• Representation of numerous financial institution clients in connection with Civil Investigative Demands (CIDs) issued by the DOJ or the FTC.
• Representation of an accounting firm in an investigation by the DOJ into potential FCPA violations by accounting firm’s audit client, which included representing former employees in interviews by the DOJ and USAO.
• Representation of a global medical devices company and a global pharmaceutical company in connection with FCPA investigations.
• Conducted several internal investigations for large corporate clients, including multiple securities laws-related investigations for broker dealers and FCPA investigations for a major oil and gas company and a waste company. 

Arbitration

• Representation of a Korean client under the aegis of the International Chamber of Commerce (ICC) arbitration. Successfully obtained a multi-million dollar damages award for breach of contract and good faith claims related to a long-term metals offtake agreement, including an award of US$3.5 million in attorney’s fees and costs. Also successfully defended client against counterclaims for tens of millions of dollars.
• Representation of a financial holding company in a pending arbitration conducted under the aegis of the International Institute for Conflict Prevention & Resolution (CPR), against its predecessor arising from a tax agreement.
• Representation of a petroleum company in the London Court of International Arbitration (LCIA) arbitration. Successfully defended client against claims seeking hundreds of millions of dollars in alleged damages and obtained an award of nearly US$4 million in fees and costs. The arbitration award generated significant media coverage. 

Marissa also maintains an active pro bono practice, including representation of individuals in post-conviction proceedings challenging capital murder convictions in Alabama and representation of individuals in family law matters. In connection with her advocacy on behalf of a mother of four children from Chad, she was one of the recipients of the 2011 Commitment to Justice Award for Outstanding Legal Team, presented by inMotion (now Her Justice), a leading non-profit legal services provider that helps low-income women in New York.

• Marissa is a member of the Associates Committee for Prep for Prep, a leadership development and gifted education program that offers promising students of color access to a private school education.
• Marissa is an adjunct professor at Fordham University School of Law where she teaches legal writing.
• Marissa is a Fellow of the American Bar Foundation.
• Marissa was Sidley’s 2018 Leadership Council on Legal Diversity Fellow.
• Marissa is a co-chair on both Sidley’s New York Recruiting Committee and Summer Associate Programs Committee.