Billy Marsh is an associate in the Litigation practice. He represents clients in high-stakes securities, shareholder, class action, product liability, and complex commercial litigation. He also conducts internal investigations and represents clients in government investigations and enforcement proceedings. Clients have praised Billy for his ability to quickly understand their business, grasp complex issues, and provide practical counsel and guidance.
Securities and Shareholder Litigation
- Defending an international chemical manufacturer against parallel putative class actions pending in federal and Texas state court alleging violations of the Securities Act of 1933 and Securities Exchange Act of 1934 in connection with two public stock offerings.
- Obtained dismissal of securities class action filed against Tenet Healthcare challenging disclosures arising from regulatory proceeding.
- Successfully defended BP Capital Management and related defendants in securities case alleging misrepresentations regarding hedge fund strategy. After filing a motion for summary judgment, obtained a voluntarily dismissal of plaintiffs' claims without the exchange of any consideration other than mutual releases.
- Obtained dismissal of shareholder derivative suits filed against the board of directors of AT&T.
- Obtained dismissal of shareholder derivative action filed against Tenet Healthcare.
- Represented Sanchez Resources, LLC (a privately held oil and gas exploration company) and its president in shareholder derivative litigation before the Delaware Court of Chancery.
Class Action and Complex Commercial Litigation
- Defeated class action bid for AT&T in a suit brought by property owners alleging that AT&T telephone cable buried underneath their properties — pursuant to easements that had been granted to AT&T in the 1950s — were contaminating their properties.
- Represented consumer products company in connection with class action claims brought in California federal court under California consumer protection statutes.
- Defeated class certification for National Football League in lawsuit alleging claims of breach of contract and fraud against the NFL and the Dallas Cowboys for allegedly not providing prescribed seats to Super Bowl XLV ticketholders. Defeated individual plaintiffs’ fraud claims at jury trial.
- National coordinating counsel in products liability lawsuits asserted throughout the United States against a major manufacturer of highway products.
- Represented Midstream Energy Company in adversary proceeding to uphold its gas gathering agreements with bankrupt producer.
Government Investigations And Regulatory Counseling
- Representation of Plastics Executive in Criminal Antitrust Investigation.
- Representation of Financial Services Executives in CFPB Investigation.
- Representation of Fund Manager in SEC Investigation.
- Counseled large industry organization on compliance with FinCEN regulations.
- Counseled government contractor on compliance with gifting and ethics laws.
- Counseled large beverage distributor on antitrust compliance.
- Internal investigations relating to alleged accounting fraud.
Brigham Young University
University of Virginia School of Law
- United States District Court for the Northern District of Texas
- United States District Court for the Southern District of Texas
- United States District Court for the Western District of Texas
Publications and Speaking Engagements
- Author, “Protecting Board Communication Privilege,” The Corporate Board (July/August 2021)
- Presenter, “Developing Effective Compliance and Audit Committees,” Clear Law Institute (May 2016)
- Author, “Compliance Post Affordable Care Act,” New Perspectives of Healthcare Risk Management, Control and Government (February 2016)
- Author, “Antitrust and Business Litigation,” Texas Bar Journal (January 2016)