Marissa Muscarella

My focus

Complex Commercial Litigation

A significant part of my practice is representing businesses, including their shareholders, owners, and investors, across a diverse range of industries, such as finance, private equity, healthcare, and real estate, in complex business disputes. I counsel clients to resolve disputes at a pre-litigation stage as well as defend and prosecute cases involving allegations of breaches of contract and fiduciary duties, negligence, restrictive covenant violations, and fraud.

Much of my work has involved litigating corporate governance disputes involving conflicts between board directors or between a board and its shareholders and/or investors. I also have extensive experience in representing members of limited liability companies or other types of partnerships in their exits from the entities, including navigating exit provisions of agreements.

I regularly represent clients in complex business litigation in state and federal courts in New York and Delaware.

Real Estate Litigation

In addition to complex business litigation, I have also counseled clients on various commercial real estate disputes including purchase and sale disputes, limited liability company partnership and ownership disputes, leasing disputes, and non-disclosure and misrepresentation disputes. I have also represented corporate investors of residential mortgage-backed securities in actions against trustees in connection with the purchase of toxic mortgages before the 2008 global financial crisis.

Labor & Employment Litigation

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

I have experience in defending companies in disputes at both the pre-litigation and litigation stages involving claims of disability, gender, sex, and race discrimination.

Looking ahead

I am following developments of issues rising from the new, growing short-term rental industry and the potential conflicts for landlords, property owners. and real estate brokerage companies resulting from the interplay between short-term rental contracts and real estate law and regulations.