Marissa Muscarella

/My focus

Complex Dispute Resolution

A significant part of my practice is representing businesses, including their shareholders, owners, and investors, across a diverse range of industries, such as finance, healthcare, and real estate, in complex business litigation within state and federal courts. I manage cases from inception to resolution involving allegations such as fraud, breaches of contract and fiduciary duties, negligence, and restrictive covenant violations. I also counsel clients on mitigation of risk and resolving and deescalating business disputes at a pre-litigation stage.

Additionally, I advise board members, shareholders, and investors on corporate governance issues and fiduciary duties and guide LLC members or partners through successful exits. I also deliver analysis of complex commercial agreements such as stock purchase agreements or licensing agreements to help clients manage risk and understand contractual rights and obligations.

Responding to non-party and regulatory subpoenas

Much of my work has involved counseling clients through high-stakes non-party, government, and regulatory subpoenas. I develop strategic responses and manage document production and privilege issues. I prioritize balancing a client’s compliance obligations with risk management and business considerations. I also work with clients to proactively address compliance and regulatory issues impacting their specific industries.

Investigations

I have helped lead internal investigations for clients, including in the healthcare and insurance industries, to advise on and identify employee misconduct, fraud, or regulatory violations. I lead witness interviews, evaluate facts, and present findings and recommendations for paths forward.

Labor & Employment Litigation

My background also includes defending companies in a variety of labor and employment cases filed in both state and federal courts, and with the New York State Division of Human Rights.

/Looking ahead

I am thinking about how companies can use AI in various aspects of litigation, such as eDiscovery and legal research, to responsibly achieve efficiency and reduce risk without compromising defensibility in light of evolving court expectations.