Cody Marden is a skilled and experienced advocate, who develops creative strategies and compelling narratives for his clients, while always keeping their goals in focus. His practice focuses on representing companies and executives in connection with complex disputes and high-stakes government investigations.
Mr. Marden has represented a wide variety of clients, including start-ups, financial institutions, venture capital firms, public and private companies, and individuals in litigation and investigations involving issues related to corporate governance, fiduciary duties, fraud, tortious interference, contract disputes, and alleged criminal violations.
He assists clients in all aspects of litigation, including pre-filing investigation, discovery, trial, and appeal. He has defended dozens of depositions, argued motions, worked with experts, and coordinated with large defense groups to drive successful outcomes for his clients. Mr. Marden is particularly good at managing complex cases efficiently. He draws on his experience in private practice, government, and clerking to develop effective and efficient strategies.
Mr. Marden has also proudly represented victims of human rights abuses by state sponsors of terrorism in lawsuits against Iran and Syria, winning combined judgments of approximately $150 million in compensatory damages.
Prior to joining Miller & Chevalier, Mr. Marden was a litigation associate at multinational law firm in Boston. He began his career as law clerk in the U.S. District Court for the District of Columbia.
- Represented former CEO of a public biopharmaceutical company in connection with a shareholder derivative action alleging breach of fiduciary duties and securities class action alleging violations of federal securities laws in the District of Maryland and a related investigation and suit brought by the New York Attorney General.
- Represented executive in litigation in several countries regarding state-sponsored hacking by a foreign government. Representation involved prosecuting multiple lawsuits in U.S. federal courts, including a RICO claim in the Southern District of New York against a global law firm and multiple co-conspirators and a trade secrets misappropriation claim against a private investigator in the Middle District of North Carolina.
- Represented public company board of directors following major M&A transaction in shareholder litigation in Delaware Chancery Court alleging breach of fiduciary duties and in related securities class action in the Southern District of New York alleging violations of federal securities laws.
- Represented investor in Section 220 action in Delaware Chancery Court seeking information relevant to alleged breaches of fiduciary duties and mismanagement by biomedical company executives and board of directors in connection with rejecting financing proposal.
- Represented former managing partner in connection with an arbitration action against former firm, alleging fraud and mismanagement that led to former partner's dismissal.
- Represented venture capital firm in responding to federal subpoena seeking information relevant to securities litigation in Delaware Chancery Court and the Southern District of New York.
- Represented public technology company in unfair competition and conspiracy suit through bench trial in the District of Massachusetts, resulting in a complete defense verdict on liability and damages.
- Represented government subcontractor in connection with a False Claims Act action filed by qui tam plaintiffs in the District of Maryland, including preparing company CEO for deposition by plaintiffs' counsel.
- Represented individual in factually complex sexual abuse claim through jury trial in D.C. Superior Court, resulting in multi-million-dollar jury verdict for client.
- Intern, Tax Division, U.S. Department of Justice, 2016
- Intern, U.S. District Court for the District of Columbia, 2015
State Admissions
- District of Columbia
- Maryland
- Massachusetts
Court Admissions
- United States District Court for the District of Columbia
- United States District Court for the District of Maryland
- United States District Court for the District of Massachusetts
- United States Court of Appeals for the District of Columbia Circuit
- Clerk, Magistrate Judge Robin M. Meriweather, U.S. District Court for the District of Columbia, 2017 - 2018