Marley Ann Brumme represents U.S. and international clients at all stages of proceedings brought under state and federal securities laws, including the Securities Act of 1933, Securities Exchange Act of 1934 and the Investment Company Act of 1940. Ms. Brumme has advised clients in other complex commercial matters, including disputes arising from breach of contract and insurance relationships, as well as in health care fraud matters under the False Claims Act. Ms. Brumme also has represented individual and corporate clients in proceedings before various federal and state regulatory authorities, including the U.S. Securities and Exchange Commission and the Department of Justice, as well as in arbitrations before the American Arbitration Association.
Ms. Brumme’s representations include:
- one of the world’s largest asset managers in securing a favorable trial verdict on an up to $1.5 billion-plus excessive fee claim brought under Section 36(b) of the Investment Company Act of 1940;
- an international investment bank and financial services company in defending against allegations that it violated federal and state securities laws in connection with the issuance of mortgage-backed securities;
- a 13-member underwriting syndicate of domestic and international investment banks in connection with allegations that the syndicate violated federal securities laws in connection with the issuance of corporate bonds;
- an investment bank and financial services company in proceedings challenging an administrative action by the New York State Division of Financial Services;
- an investment bank and financial services company in litigation concerning a private placement of the bank’s securities;
- the directors and officers of a biotechnology company in defending allegations that they defrauded investors in violation of state fraud and fiduciary duty laws in connection with company SEC filings;
- a health care company in unfair competition and false advertising litigation brought by a competitor;
- insurance, health care and financial services companies in SEC and Department of Justice investigations; and
- insurance, health care and financial services companies in breach of contract and business tort litigation.
Ms. Brumme has an active pro bono practice. Recently, she successfully briefed and argued a motion for a preliminary injunction (later converted to a permanent injunction) in the U.S. District Court for the Eastern District of Louisiana, enjoining the state of Louisiana from enforcing a marriage license restriction that violated the Fourteenth Amendment rights of immigrants. She also has represented clients as part of Clemency Project 2014 and in proceedings before the Massachusetts Commission Against Discrimination. Early in her career, Ms. Brumme also was involved in a civil rights litigation challenging the termination of public housing voucher benefits — work for which she was recognized with a 2012 Connecticut Legal Services Pro Bono Award.