Bio
Mr. Marshall co-chairs the firm's Financial Services Litigation Group, focusing his practice on the defense of banks and lenders. Mr. Marshall’s clients include national and international banks, regional banks, mortgage lenders and servicers, credit card issuers, automobile finance servicers, credit unions, and money transmitters. Mr. Marshall’s practice includes management of regional and national defense programs involving pattern litigation. Mr. Marshall has defended clients in a wide variety of litigation and regulatory matters, including qui tam, class action, and multi-district litigation (MDL). Mr. Marshall has substantial experience litigating claims involving the Dodd-Frank amendments, CFPB regulations, U.S. Treasury regulations and directives, HAMP and HARP, MERS, and lien priority disputes. Mr. Marshall also has substantial experience defending claims arising under the Truth in Lending Act (TILA), the Real Estate Settlement Procedures Act (RESPA), the Fair Credit Reporting Act (FCRA), the Telephone Consumer Protection Act (TCPA), the Unfair Debt Collection Practices Act (UDCPA), and state unfair and deceptive acts or practices (UDAP) statutes.
Representative Experience
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- Defended and tried bellwether case involving Fair Credit Reporting Act claims against secondary mortgage market participant.
- Defended national mortgage servicer against putative class action claims challenging servicing fees.
- Defended national banks in pattern qui tam litigation regarding unpaid transfer taxes.
- Defended several national mortgage lenders and servicers in MDL litigation involving mortgage origination claims.
- Defended mortgage originators and servicers in actions filed by government officials and entities involving mortgage origination practices.
- Defended national bank in appeal of precedent setting putative damages award.
- Defended and tried case for mortgage lender involving construction loan and allegations of deceptive practices.
- Defended and tried bad faith claims on behalf of mortgage servicer and credit life insurer.
- Managed regional defense program for mortgage servicer in consumer mortgage cases.
- Defended national mortgage lender in putative nationwide class action involving payoff fees.
- Defended mortgage lenders and servicers in various federal and state court litigation involving claims arising under the FCRA, FDCPA, RESPA, TILA, and state deceptive and unfair practices claims.
- Represented a variety of businesses in general business tort litigation in federal and state courts.
Education
- Emory University School of Law (J.D., 1999)
- Dean's Fellow
- Order of the Barristers
- Order of the Advocates
- University of Arizona (B.A., cum laude, 1995)
Professional Memberships and Activities
- Snell & Wilmer Financial Services Litigation Group, Co-Chairperson
- Federal Bar Association, Phoenix Chapter, Executive Board Member (2018)
- Snell & Wilmer Hiring Committee (2005-2018)
- Snell & Wilmer Pro Bono Committee, Chairperson (2009-2014)
- Phoenix Art Museum, Men's Art Council Director (2005-2007)
- Arizona Bar Foundation, Legal Services Committee, Director (2005-2006)
Representative Presentations and Publications
- "'Show Me The Note' Claims Find New Life in Recent Arizona Decision," Co-Author, Financial Services Litigation Bulletin (February 11, 2014)
- "Ninth Circuit Opens Door for Protracted HAMP Litigation," Co-Author, Snell & Wilmer Financial Services Litigation Bulletin (August 2013)
- "Tax Lien Purchasers Must Give MERS Notice, Says Arizona Appeals Court," Author, Snell & Wilmer Financial Services Litigation Bulletin (June 2013)
- "A Year Post-'Dukes,' Co-Author," The Recorder (July 23, 2012)
- "U.S. Supreme Court Enforces Credit Card Arbitration Agreement in Class Action," Co-Author, Snell & Wilmer Financial Services Litigation Bulletin (January 2012)
- "Lenders Not Required to Record Trust Deed Assignments, says the Arizona Supreme Court," Co-Author, Snell & Wilmer Financial Services Litigation Bulletin (December 2011)
- "Class action on the ropes: The Supreme Court's decision in 'Wal-Mart' could result in more cases being filed in state courts," Co-Author, The Recorder (July 18, 2011)
- "U.S. Supreme Court Issues Landmark Decision Rejecting Class Certification in Wal-Mart v. Dukes," Co-Author, Snell & Wilmer Legal Alert (June 24, 2011)
- "Going on the Attack When Defending Against Class Actions," Speaker, Automotive Product Liability Conference, American Conference Institute (June 2011)
- "Arizona Cracks Down on 'Foreclosure Consultants,'” Co-Author, Snell & Wilmer Financial Services Litigation Bulletin (October 2010)
- "Lenders Prevail in Lawsuits by Borrowers Seeking to Enforce Federal Loan Modification Programs," Co-Author, Pratt's Journal of Bankruptcy Law, Vol. 6, No. 6 (September 2010)
Professional Recognition and Awards
- Southwest Super Lawyers, Rising Stars Edition, Banking (2012-2013)
- Arizona's Finest Lawyers
- Top 50 Pro Bono Attorneys, Arizona Foundation for Legal Services & Education (2011)
Bar Admissions
- Arizona
- New Mexico
Court Admissions
- Supreme Court of Arizona
- Supreme Court of New Mexico
- United States District Court, District of Arizona
- United States District Court, District of Arkansas
- United States District Court, District of Colorado
- United States Court of Appeals, Fifth Circuit
- United States Court of Appeals, Sixth Circuit
- United States Court of Appeals, Seventh Circuit
- United States Court of Appeals, Eighth Circuit
- United States Court of Appeals, Ninth Circuit
- United States Supreme Court