Edward A. Marshall

Partner

Direct: 404.873.8536
Fax: 404.873.8537
Atlanta
171 17th Street NW
Suite 2100
Atlanta, Georgia 30363

Biography

Ed is a fintech lawyer with more than a decade of experience representing merchant acquirers and financial technology firms in litigation, regulatory, and commercial matters. He founded and now co-chairs the Payments Systems & Fintech industry team and is a past co-chair of the Litigation & Dispute Resolution practice. He is also an active member of the Emerging Technologies industry team.

As part of his nationwide practice, Ed has secured major litigation and regulatory wins for acquiring banks, payment processors, independent sales organizations (“ISOs”), independent software vendors (“ISVs”), and payment facilitators. Such matters have involved disputes with private litigants, putative class representatives, states attorneys general, the Department of Justice (“DOJ”), the Consumer Financial Protection Bureau (“CFPB”), and the Federal Trade Commission (“FTC”).

Nothing informs regulatory compliance and commercial negotiations better than spending decades in the trenches. As a reflection of that reality, Ed is frequently called upon to leverage his litigation insights and immersion in the payments industry to help clients develop defensible underwriting and risk monitoring programs, evaluate MTL exposure, respond to regulatory inquiries, and more effectively negotiate agreements with merchants and business partners.

Ed has been fortunate to be recognized by The Best Lawyers in America®, Chambers and Partners, Benchmark Litigation, Super Lawyers, and the Daily Report’s “40 Under 40.” He is an active participant in the Electronic Transactions Association (“ETA”) and serves on the board of directors of the Association of Payment Professionals (“APP”).

Related Services

Related Industries

Experience

  • Successfully resolved two-year FTC enforcement action against merchant acquirer with no individual liability or monetary payment.
  • Successfully defeated certification of putative class action against petroleum company and payment processor related to allegedly flawed implementation of Visa’s Real Time Clearing program.
  • Successfully represented payment card processor in contempt action brought by the FTC and court-appointed receiver involving challenge to use of reserve funds to cover consumer-initiated chargebacks.
  • Successfully defended claim brought against acquiring bank by former ISO seeking more than $200 million in damages, resulting in plaintiff’s voluntary dismissal on the eve of trial and securing a seven-figure fee and cost award.
  • Secured voluntary dismissal of suit seeking recovery of more than $100 million in damages based on alleged misappropriation of digital assets from a non-custodial wallet.
  • Obtained summary judgment on behalf of payment card processor in adversary proceeding involving challenge to recoupment of Visa liability assessment following data breach at merchant location.
  • Secured dismissal in class action against payment processor for allegedly improper assessment of fees.
  • Secured dismissal of multimillion-dollar claims against payment processor by referral partner, including claims for breach of contract, conversion, unjust enrichment, negligence, and aiding and abetting breach of fiduciary duty.
  • Defeated claims against card issuer for allegedly improper resolution of chargebacks in favor of merchant, securing seven-figure recovery against business cardholder.
  • Obtained voluntary dismissal of putative class action against healthcare services company for alleged FLSA violations with no payment or other relief provided to proposed class or class representatives.
  • Achieved dismissal of putative nationwide class action against payment processor brought in California state court through successful invocation of choice-of-forum provision.
  • Obtained dismissal of claims against payment processor in putative class action challenging processing fees and fee increases.
  • Successfully obtained preliminary injunction preventing landlord from increasing national tenant’s rent obligations by $13 million per year, equating to $167 million over remaining term of Master Lease.
  • Successfully represented biomedical company in connection with a contentious, multimillion dispute arising from an exclusive distribution agreement, which included claims for breach of contract, breach of implied duty of good faith and fair dealing, fraud, RICO, misappropriation of trade secrets, libel, tortious interference, and the Georgia deceptive trade practices act.
  • Successfully represented clients in federal actions alleging violations of the Equal Protection Clause of the Fourteenth Amendment and Section 5 of the Voting Rights Act of 1965 associated with redistricting plan with allegedly retrogressive effect on racial minorities.
  • Successfully represented card issuer in a variety of actions alleging violations of the Fair Credit Reporting Act (“FCRA”), the Electronic Funds Transfer Act (“EFTA”), the Truth in Lending Act (“TILA”), the Telephone Consumer Protection Act (“TCPA”), and the terms of the cardmember agreement.
  • Provided compliance advice regarding a range of payments issues, including FTC and CFPB enforcement priorities, permissibility of surcharging, money transmission licensure, CBD processing, and participation in EBT programs.
  • Successfully represented contract research organizations (“CROs”) in disputes with medical device and drug manufacturers regarding clinical trials, including prevailing in week-long arbitration hearing initiated by study sponsor.
  • Obtained TRO preventing ISO partner from thwarting migration of hundreds of merchants to an alternative payment processor and, thereafter, negotiated favorable conclusion to parties’ business relationship.
  • Supported redrafting of merchant processing agreements on behalf of several payment processor and payment facilitator clients.
  • Successfully resolved multimillion-dollar claims related to alleged fraud and breaches of representations and warranties in connection with asset purchase agreement against sellers of medical services business.
  • Successfully defeated multimillion-dollar claims against real estate fund by claims by investment banker.
  • Worked with various state governments on behalf of the firm’s payment systems clients in a range of matters, from business taxation to money transmitter licensure.
  • Successfully represented the American College of Rheumatology as amicus in patent litigation before the Federal Circuit Court of Appeals, overturning an injunction against the introduction of a competitive gout-treatment drug. See Takeda Pharmaceuticals USA, Inc. v. West-Ward Pharmaceutical Corporation et al., 2015-1139, -1142 (Fed. Cir. 2015).
  • Successfully represented the Atlanta Public Schools in connection with a board leadership dispute, resulting in a favorable settlement after the court’s oral announcement of ruling, see Burks v. Atlanta Independent School System, 2010 CV 192686 (Superior Court of Fulton County, GA).
  • Co-led review team of 40 lawyers in 1.8 terabyte ESI document review in response to FTC inquiry.
  • Successfully represented bankruptcy trustee in D&O action against former CEO of bankrupt company based on alleged breaches of the duty of care associated with decision to take on $5 million line of credit.
  • Served as special ERISA litigation counsel in action involving allegations of breach of fiduciary duty by plan actors overseeing employee stock ownership plan (“ESOP”).
  • Successfully represented COBRA plan sponsor in dispute with third-party benefits administrator.
  • Successfully obtained judgment on behalf of financial institution in data breach litigation involving compromise of credit card data and ensuing credit card network liability.
  • Successfully represented national healthcare provider in dispute with former shareholders involving allegations of usurpation of corporate opportunities, breach of fiduciary duty, securities fraud, and denial of employee benefits.
  • Successfully obtained Article 37 emergency measures of protection before the International Centre for Dispute Resolution and, shortly thereafter, successfully resolved a multimillion-dollar controversy between an international manufacturer and an American distributor.
  • Successfully represented aerostructures supplier in multimillion-dollar controversies with business jet manufacturer and aerostructures component manufacturer.
  • Successfully secured an $850,000 judgment on behalf of an international investor against the perpetrator of complex money laundering and pyramid fraud scheme.
  • Successfully obtained dismissal of an opponent’s million-dollar counterclaims on spoliation grounds.
  • Successfully obtained dismissal of a developer’s claims for breach of contract and tortious interference with fiduciary duties in a multimillion-dollar real estate dispute before a Georgia Superior Court and the Georgia Court of Appeals, see Perry Golf Course Development, LLC v. Housing Authority of the City of Atlanta, 294 Ga. App. 387 (2008).
  • Successfully represented seller in multimillion-dollar dispute involving acquisition of a subsidiary by a national management contractor.
  • Successfully represented regional telecommunications company in complex telecommunications billing practices dispute involving claims for fraud, breach of contract, and RICO.
  • Successfully obtained $6.7 million federal district court judgment in a controversy involving asset purchase agreement and subordinated notes for a national equipment rental
  • Successfully defeated subordination claims of an alleged senior lender on a motion to dismiss in federal court, allowing client to pursue approximately $30 million from defaulted borrower.
  • Successfully defended and prosecuted the rights of payment processors in litigation with former merchants, including, e.g., in disputes involving early termination of merchant agreements, unreimbursed chargebacks, and alleged misdirection of merchant funds.
  • Successfully invoked 28 U.S.C. § 1782 to obtain documents for use in foreign proceedings and, thereafter, obtained leave for use such documents in domestic RICO litigation, including through successful appeal to the United States Court of Appeals for the Eleventh Circuit.
  • Successfully represented German-based respondents in three-week JAMS arbitration involving claims for earnout payments under asset purchase agreement, defeating all causes of action asserted by claimants and obtaining award of $2.5 million on behalf of respondents.
  • Successfully represented creditor in complex collections action involving the transfer of a debtor’s assets to an asset protection trust using RICO, in combination with the Georgia Fraudulent Transfer Act, to achieve recovery significantly in excess of the underlying judgment amount.
    Client Successes

    Credentials

    Education
    • University of Georgia School of Law, Juris Doctor,
      summa cum laude
      • Order of the Coif
      • Georgia Law Review, Notes Editor, 2002
    • Samford University, Bachelor of Science,
      summa cum laude
    Admissions
    • State of Georgia – 2002
    Court Admissions
    • United States Court of Appeals for the Federal Circuit – 2014
    • United States District Court for the Middle District of Georgia – 2007
    • Supreme Court of Georgia – 2007
    • Georgia Court of Appeals – 2007
    • United States Court of Appeals for the Eleventh Circuit – 2003
    • United States District Court for the Northern District of Georgia – 2003
    Associations
      • Association of Corporate Counsel of Georgia, Fintech Member Interest Group, 2024
      • Association of Payment Professionals, Board of Directors, 2021-23, 2023-25
      • American Bar Association, Section of Litigation, Inaugural Co-Chair of Payment Systems Litigation Subcommittee, 2014-present
      • Electronic Transactions Association, Risk, Fraud & Security Committee, 2014-present
      • Atlanta Bar Association, Continuing Legal Education Committee, Chair, 2013-15
      • Georgia Bar Journal, Editorial Board, 2010-14

    Recognition

    • Benchmark Litigation Star, Benchmark Litigation, 2024
    • Best Lawyers in America®, Commercial Litigation, 2023-25
    • Chambers USA: America’s Leading Lawyers, Litigation, 2022-24
    • Fellow, Litigation Counsel of America
    • “40 Under 40: Georgia Attorneys On the Rise,” Daily Report, 2015
    • Master, The Clarke-Carley American Inn of Court
    • Georgia Super Lawyers, 2014-24
    • “Rising Star,” Georgia Super Lawyers, 2009-13
    • Law Clerk, Honorable Richard W. Story (N.D. Ga.), 2004-06

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