Overview
Martin Roth is a litigation partner whose diverse trial practice spans the private equity, real estate, health care, oil and gas, professional services, and retail industries. Martin has won trials for clients like British Petroleum, Sycamore Partners, and Bixby Bridge Capital and achieved favorable outcomes through motion practice, negotiated settlements, and arbitration for clients including former NBA player Derek Fisher.
Martin has advised and successfully represented many private equity clients and their portfolio companies, including 3i Group, AE Industrial, Aterian Investment Partners, Sun Capital Partners, and Wind Point Partners, in a wide range of disputes — including deal-related indemnification actions, employment and non-compete disputes, earn-out and valuation arbitrations, trade secrets litigation, and other M&A-related issues.
Martin has successfully led dozens Rep & Warranty insurance claims arising out of private equity and public M&A deals and is actively involved in the development and growth of the Firm’s transactional risk insurance practice.
Martin is a Member of the Firmwide and Chicago Office Litigation Training Committees that head Kirkland’s trial advocacy program and litigation attorney training program (the Kirkland Institute of Trial Advocacy) and serves on Kirkland’s Recruiting committee.
Martin’s commitment to excellence extends beyond his legal practice. He graduated with honors from Harvard College, where he was a national debate champion, and received his J.D. magna cum laude from Cornell Law School. Before joining Kirkland, Martin clerked on the Seventh Circuit Court of Appeals for the Honorable Michael Kanne.
Martin also devotes significant time to community service. He served as pro bono amicus counsel in the Fisher v. University of Texas U.S. Supreme Court cases and mentors diverse law students through the Leadership Council on Legal Diversity. Martin previously served as President of the American Jewish Committee’s ACCESS Chicago Board.
Experience
Representative Matters
Trials
- Campus Oaks Apartments 1, LLC v. BBC Roseville Oaks, LLC: Lead trial counsel for Bixby Bridge Capital affiliate in complete defense jury verdict in Placer County, California state court involving land purchase and sale.
- Underground Storage Tank Trust Fund Litigation: Trial counsel for British Petroleum in complete defense jury verdict in South Carolina state court. Successfully argued motion to dismiss resulting in complete dismissal of Illinois False Claims Act case. Successfully argued summary judgment motion resulting in dismissal of significant claims related to environmental pollution under South Dakota law. Affirmed on appeal by South Dakota Supreme Court. Obtained multiple other summary judgment victories and favorable dispositive rulings in similar suits filed in Minnesota, Michigan, Ohio, Utah, Missouri, and Montana. Responsible for managing the continued coordinated defense against other suits and government investigations nationwide, most brought by State AGs, over BP’s recovery of money from State trust funds for cleaning up environmental contamination at its current and former service stations.
- In re Aéropostale: Trial counsel for Sycamore Partners and affiliates in complete trial victory in bankruptcy court regarding teen retailer Aéropostale’s attempt to limit Sycamore’s recovery of $150 million of secured debt.
Private Equity
-
Successfully represented various private equity firms and their portfolio companies in making Rep & Warranty insurance claims based on policies issued to insure risk of breach of purchase agreements.
-
Successfully represented various private equity firms in disputes over deal closing conditions, earn-out provisions, reps and warranties, and company valuations. Received favorable arbitration awards.
-
Baymeadows LLC v. City of Ridgeland, Mississippi: Lead counsel for Bixby Bridge Capital affiliate in successful federal court suit against Ridgeland, Mississippi based on City’s discriminatory attempt to rezone and amortize apartment complexes occupied by racial minorities without paying just compensation. After aggressive litigation, resulting in the intervention of the U.S. Department of Housing and Urban Development (HUD) and favorable news coverage (see No Property Rights Zones, WALL STREET JOURNAL, May 13, 2016), the city revoked the offending zoning provisions and agreed to send its employees to fair housing and anti-discrimination training. For more information, see HUD’s settlement announcement.
Personal Injury and Product Liability
-
In re Oil Spill by the Oil Rig Deepwater Horizon in the Gulf of Mexico: Counsel for BP in federal MDL proceeding for portfolio of more than 870 personal injury lawsuits arising out of Gulf of Mexico oil spill.
-
Opioid Litigation: Defend Allergan in federal MDL proceeding and hundreds of lawsuits and investigations brought nationwide by State AGs, counties and municipalities related to the marketing of prescription opioids.
-
Diaz v. BP Products North America Inc.: Trial counsel for BP in dram shop action arising from alleged sale of alcohol to minors at dealer location. Resulted in a favorable settlement at the start of trial.
-
In re Heparin Products Liability Litigation: Successfully defended Baxter Healthcare Corporation and Scientific Protein Laboratories, LLC in multidistrict litigation and parallel state-court action involving manufacture of allegedly defective heparin products. MDL court granted Daubert and summary judgment motions on several categories of claims, affirmed by Sixth Circuit, resulting in hundreds of dismissals, favorable settlements, and successful state court trials.
-
Watts v. Medicis Pharmaceutical Corporation: Successfully defended Medicis in product liability action brought by Plaintiff alleging acne medication caused injury. Case dismissed at motion to dismiss phase.
Class Actions
- Sha-Poppin Gourmet Popcorn LLC v. JPMorgan Chase Bank, N.A.: Defended Ruth’s Chris in class action related to receipt of Paycheck Protection Program loan under CARES Act; dismissal of claims against Ruth’s Chris.
- Volodarskiy v. Delta Air Lines, Inc.: Defended Delta in class action and subsequent appeal related to European Union Regulation 261; received complete dismissal of all claims and complete affirmance on appeal to Seventh Circuit Court of Appeals.
- Das v. Rio Tinto plc: Defended Rio Tinto in securities fraud class action regarding the company’s compliance with anti-corruption laws; received complete dismissal of all claims.
Other Notable Representations
-
G. William Hunter v. Derek Fisher et al.: Defended NBA player Derek Fisher in litigation brought by the former Executive Director of the players’ union. All fourteen claims dismissed at pleading stage and attorneys' fees awarded under the anti-SLAPP statute.
Clerk & Government Experience
Law ClerkHonorable Michael S. KanneUnited States Court of Appeals for the Seventh Circuit
Pro Bono
More
Thought Leadership
Publications
"Virtual Litigation in the Post-Pandemic Era?," Bloomberg Law, November 9, 2020
Seminars
Rep & Warranty Insurance Claims: Lessons Learned and Practice Tips, September 12, 2018
#TwitterEthics: Issues Created by Social Media Use at Trial, Federal Bar Association (Chicago Chapter), May 2016
Panel presenter on Fisher v. Texas pro bono work at various panels held at Goldman Sachs, Deutsche Bank, Chicago Bar Association, American Jewish Committee, University of Michigan Law School, University of Chicago Law School, and Northwestern Law School, 2012–2013
Recognition
Recognized as “40 Under 40” by Chicago Daily Law Bulletin, 2020
Honored as an "Illinois Rising Star" by Super Lawyers since 2014
Memberships & Affiliations
American Jewish Committee, Marshall Society Member and Past President of ACCESS Chicago Board
Leadership Council on Legal Diversity Mentor
Credentials
Admissions & Qualifications
- 2008Massachusetts
- 2008Illinois
Courts
- United States Court of Appeals for the Sixth Circuit
- United States Court of Appeals for the Seventh Circuit
- United States Court of Appeals for the Eleventh Circuit
- United States District Court for the Northern District of Illinois, Trial Bar
- United States District Court for the Northern District of Illinois
- United States District Court for the Central District of Illinois
- United States District Court for the Southern District of Illinois
Languages
- English
- Spanish
Education
- Cornell Law SchoolJ.D.magna cum laude2007
Order of the Coif
Article Editor, Cornell Law Review
- Harvard UniversityB.A., Governmentcum laude20042004 American Parliamentary Debate Association National Champion