Marc B. Kramer Partner

New York
T 212.419.5851 | F 973.597.2427

Marc brings a broad range of experience to his complex commercial litigation practice, with a particular emphasis on securities litigation. His areas of focus include class action opt-out litigation, Delaware appraisal rights, and bondholders’ rights. His experience includes the prosecution of a number of successful class action and class action opt-out litigation matters. Marc has also successfully litigated numerous Delaware Chancery Court appraisal actions on behalf of minority shareholders, as well as breach of fiduciary duty and partnership disputes.

Marc has represented hedge funds, mutual funds, investment advisors, and other institutional investors. His clients have included Appaloosa Management, Jet Capital Investors, Franklin Templeton Investments, Franklin Mutual Advisers, HealthCor, Nokota Management, Chatham Asset Management, Discovery Capital Management, and Special Situations Funds, among many others.

Marc also contributes to Lowenstein Sandler’s Appraisal Rights Litigation Blog–a forum devoted to educating investors about the use of appraisal rights to increase their returns in M&A deals.

Representative Engagements

Currently representing Jet Capital Investors in the United States District Court for the Southern District of New York against American Realty Capital Properties Inc. and several of its former senior executives in connection with the recently disclosed accounting fraud.
Represented a hedge fund investor in Aeroflex Holding Corp. who pursued its statutory right to appraisal in Delaware following the company’s acquisition by British defense contractor Cobham plc for $1.5 billion. Cobham acquired Aeroflex for the price of $10.50 per share, which the petitioner contended significantly undervalued the company. The case was favorably resolved by a confidential settlement prior to trial.
Currently representing a hedge fund investor in Digital River, Inc. who is pursuing statutory appraisal rights in Delaware arising out of Digital River’s merger acquisition by an investor group led by Siris Capital Group, LLC.
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Related Areas

Securities Litigation


Dickinson School of Law ( J.D. , 1987 ) , Dickinson Law Review
Rutgers, The State University of New Jersey ( B.A. , 1984 )

Bar Admissions

New York
New Jersey

Court Admissions

1987 , U.S. District Court, District of New Jersey
2004 , U.S. Court of Appeals, Third Circuit
2005 , U.S. District Court, District of Colorado