Marvin Wexler
Partner

Mwexler@kvwmail.com
(212) 418-8630

Areas of Practice

    Marvin’s civil litigation practice has always been busy and diverse. He has represented a number of Fortune 500 companies, as well as such other interesting clients as the Government of Tunisia, Vanessa Redgrave (along with Dan Kornstein), Chippendales, the Navajo Nation, the ‘girls’ of the Mayflower Madam Sydney Biddle Barrows, Gosconcert, the Russian State Concert Agency, and music companies affiliated with Warner Communications, Inc.

    Marvin is, among many other things, a trailblazer in civil RICO litigation, having obtained in 1981 the first significant relief ever awarded under the civil RICO statute. The landmark case concerned a massive auto insurance fraud that bedeviled the industry in New York for years, impervious to traditional legal approaches. A few months after a major insurer retained him, the fraud was brought to a screeching halt by a preliminary injunction issued after the chief perpetrator took the Fifth about ten questions into Marvin's cross at the hearing in federal court. The case is symbolic of Marvin's creative approach to solving client problems and is representative of one focus of his practice. Continuously since 1981, he has very successfully represented most of the nation's major insurers as plaintiffs in fraud cases of all kinds, in courts in New York and across the country, as well as in coverage cases. Those representations included a case in federal court in Texas that resulted in the largest civil healthcare fraud recovery obtained to that date.

    Another long-time focus of Marvin’s practice is the representation of the eminent New York City hospitals now comprising Mount Sinai Health System, including those previously known as Beth Israel Medical Center, St. Luke’s-Roosevelt Hospital Center and The New York Eye and Ear Infirmary, in commercial (not malpractice) litigation. Those representations span a broad array of commercial disputes, including disputes with or concerning doctors, suppliers and other contractors, related business ventures, landlords, competitors and regulatory authorities.

    One interesting recent case on behalf of this client concerns Huguette Clark, daughter of the fabulously rich Senator Clark of Montana of 19th century copper-mining fame. Ms. Clark came to Beth Israel Medical Center in 1991, at the age of 84 and near death from cancer, after decades of reclusive living in her family’s historic mansion on Fifth Avenue. At her insistence she spent the next 20 years at Beth Israel, where she died in 2011 at the age of 104. During those 20 years Ms. Clark made many philanthropic donations to Beth Israel (and gave large gifts of money to many others), and she made a Will in 2005 that provided for bequests to many people and institutions, including Beth Israel, but left nothing to any of her relatives.

    Those circumstances gave rise to three separate proceedings in Manhattan Surrogate’s Court. One of those proceedings was a challenge to Ms. Clark’s Will by 11 of her half grand-nieces and half grand-nephews and 8 of her half great-grand-nieces and great-grand-nephews, who had virtually no relationship with Ms. Clark -- classic ‘laughing heirs.’ They claimed that Ms. Clark’s Will was not properly executed, that Ms. Clark lacked testamentary capacity and that her Will was unduly influenced by Beth Israel and others. In September 2013 that case was settled during jury selection, and Beth Israel obtained in that settlement the full amount that Ms. Clark left to Beth Israel in her Will.

    In the other two proceedings, the New York Public Administrator (who was appointed trustee of the estate after the trustee named in the Will was ousted) is attempting to recover from Beth Israel, on undue influence grounds and on a claim of breach of fiduciary duty, approximately $50 million in donations and gifts that Ms. Clark gave to Beth Israel and others over the course of her two decades at Beth Israel. Our Motions to Dismiss the Petitions in both those cases are under consideration by the Court.

    Regardless of the nature of the case, the kind of client, or whether representing the plaintiff or the defendant, the service is the same -- personal, passionate and productive.

Avocational Pursuits

    In recent years Marvin has combined long-term interests in human psychology and in the power of the written and spoken word into new work outside the office, concerning poetry and the very elderly. Marvin first described that work in an academic article "A poetry program for the very elderly -- Narrative perspective on one therapeutic model," Vol. 27, Journal of Poetry Therapy, Issue 1 (March 2014), and in September 2014 Marvin published a website www.poetryfortheelderly.org that contains, among other things, a curriculum for a poetry program for the aged and disabled. The New York Times, in a January 1, 2015 article, http://www.nytimes.com/2015/01/02/nyregion/soothing-the-aged-with-verse-a-lawyer-takes-a-road-less-traveled.html?emc=eta1&_r=1, wrote up this work in a journalistic piece.


 

 

Bar Admissions
New York
U.S. District Court, Southern and Eastern Districts of New York
U.S. Court of Appeals, Second, Fifth and Ninth Circuits
U.S. Tax Court
U.S. Supreme Court

Legal Career
Partner, Kornstein Veisz Wexler & Pollard, LLP (1981-Present)
Associate, Paul, Weiss, Rifkind, Wharton & Garrison (1974-1981)
Clerked for Judge J. Joseph Smith, United States Court of Appeals for the Second Circuit (1973-1974)

Education
J.D., Yale Law School (1973)

M. Science, London School of Economics (1970)

B.A., summa cum laude, Yale College (1969)

 

 

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