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​   Marc Cunningham LLC, Lebanon, NJ                                              Sep. 1, 2012 - Present

​    Attorney (Areas of law indicated on this website)

 

   Quinn Emanuel Trial Lawyers, New York City, NY           Nov. 29, 2010 – Aug. 31, 2012

    Associate

 

  • Representation in complex domestic and international litigations involving antitrust, construction, real estate loan restructuring and mortgage workouts, foreclosure mitigation, asset-backed securities, residential mortgage-backed securities (RMBS), collateralized mortgage obligations, collateralized debt obligations, collateralized loan obligations and credit derivatives involving pools of non-performing subprime B/C/D loans in default, bankruptcy, eviction, foreclosure, joint ventures, M&A, healthcare, pharmaceuticals, IT and IP and participated in large-scale M&A teams.

 

  • Analyzed specialized financial data (such as AVM, BLS, subpoenaed income documentation, lender guidelines, loan applications, and banking regulations) and mortgage loan documentation such as commitment letters, TILA forms, RESPA forms, fair lending certifications, HUD, HUD-1 and HUD-2, settlement statements, LTV calculations, security interest and financing statements, appraisals, Good Faith Estimates (GFEs), promissory notes, deeds of trust, various disclosure forms and interest rate documentation for compliance with loan policies and procedures.

 

  • Utilization and interpretation of data (such as payments, notices, legal documents, administrative communications and various imaged documents) from mortgage loan servicing databases such as Asset-Backed Securities (ABS), CoreLogic, Mortgage-Backed Securities (MBS) and Mortgage Electronic Registration System (MERS).

 

  • Extensive application of statutes such as the Dodd-Frank Act Unfair, Deceptive or Abusive Acts or Practices (UDAAP), Electronic Fund Transfer Act (EFTA) Regulation E, Electronic Signatures in Global National Commerce Act (ESIGN), Equal Credit Opportunity Act (ECOA) Regulation B, Fair Credit Reporting Act (FCRA) Regulation V, Fair Debt Collection Practices Act (FDCPA), Gramm-Leach-Bliley Act (GLBA) Regulation P, Mortgage Servicing Rules, Real Estate Settlement and Procedures Act (RESPA) Regulation X, Right to Financial Privacy Act (RFPA), Service Members Civil Relief Act (SCRA), Telephone Consumer Protection Act (TCPA) and Truth In Lending Act (TILA) Regulation Z.

 

  • Developed a thorough understanding of loan functions, including loan onboarding, loan servicing transfer, payment application and crediting, partial payments and suspense accounts, escrow (including annual statements, deficiencies, surplus and reconciliation of funds and refunds to borrower upon payoff), periodic statements, Adjustable Rate Mortgage (ARM) rate adjustment notices, Private Mortgage Insurance (PMI) adjustments and cancellation, SCRA rate adjustment requests, payoff statement requests, Qualified Written Requests (QWRs), Notices Of Error (NOEs), Requests For Information (RFIs), FCRA dispute processes, deceased-borrower issues (such as heirs or family members in residence, loss mitigation, foreclosure or eviction) and force-placed insurance (such as flood and hazard), early intervention (contacting borrower before the delinquency date), delinquency notices, contact continuity and single point of contact (SPOC), loan modifications under the Home Affordable Refinance Program (HARP) and Home Affordable Refinance Program (HARP), pre-foreclosure decision processes, judicial and non- judicial foreclosure, deed in lieu of foreclosure, short sales, eviction and real estate owned (REO) liquidation.

 

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   Marc Cunningham LLC,  Lebanon, NJ                                  Dec. 2, 2006 - Nov. 28, 2010

     Attorney (Areas of law indicated on this website)

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     Foster Wheeler, Inc.,  Perryville, NJ                                         Jan. 2, 2001 - Dec. 1, 2006

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    Risk Counsel, Risk Management Division                                                                               July 1, 2003 – Dec. 1, 2006

 

  • Procurement and management of general and project-specific Workers' Compensation, Commercial General, Excess, Employers', Auto, Professional, Builders All Risk, Railroad Protective and Environmental Hazards insurance.

 

  • Negotiated and managed risk policy structure, compliance, risk documentation, guarantees, letters of credit, collateral, surety and performance bonds, indemnification obligations for 145 domestic and international corporate entities

 

  • Established an offshore captive insurance entity for errors and omissions and professional liability insurance.

 

  • Directed the legal aspects and the internal auditors in a global SOx compliance initiative for 145 domestic and international corporate entities, which was completed ahead of schedule and under budget.

 

  • Secretary for more than a hundred corporate entities.

 

  • Managed portfolio of approximately 77,000 asbestos cases with an average staff of 40 lawyers and paralegals.

 

  • Continued in the capacity of liaison to the Human Resources Department regarding domestic and international labor and employment issues, and procurement of various employee healthcare plans.

 

  • Experience with air cargo, air transport, inland and ocean marine lines, such as air transit, commercial hull, commercial wet marine, longshore insurance, maritime programs, ocean cargo, ocean marine, spoilage, .

 

  • Experience with commercial transportation liability, including excess, fleet trucking, general liability, motor truck cargo, and physical damage and review and drafting for domestic commercial auto policies, with a focus on fleets.

 

  • Developed, implemented and monitors the legal aspects of loss control programs, concentrating on reduction of frequency and severity of claims for transportation-related accounts, fleet-related and auto-related exposures.

 

  • Experience with construction-related lines, such as Auto Liability, Builder Risk, General Liability, Employers Liability, Excess, Inland Marine, Professional Liability, Railroad, Site Pollution, Surplus, Umbrella, Workers’ Compensation.

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    Senior Counsel, Litigation Division                                                                                        Jan. 2, 2001 – June 30, 2003

 

  • Initiated and managed domestic and international litigation involving antitrust, construction contracts, construction claims, procurement contracts, outsourcing contracts, franchising, complex domestic and international agreements, insurance, employment, torts, asbestos, toxic waste, environmental remediation, brownfield sites investigations and litigation, intellectual property, international treaties, equipment leasing, patents, copyrights, commercial paper, taxes, real estate transactions, procurement, outsourcing, commercial transactions and privacy and data usage issues.

 

  • Managed domestic and international outside counsel in non-litigation matters such as real estate and corporate asset purchases, acquisitions, divestitures, employment and intellectual property.

 

  • Supervised investigations relating to the Organisation for Economic Co-operation and Development (OECD) Anti-Bribery Convention, Foreign Corrupt Practices Act (FCPA) and the Office of Foreign Assets Control (OFAC).

 

  • Managed staff of 2 paralegals, Concordance database and internal corporate activities regarding current litigation.

 

  • Managed annual litigation budget exceeding $4million.

 

  • Managed injury and property damage claims documentation and the resolution of various employee grievances.

 

  • Conducted internal investigations, interviews, depositions, pleadings, motions and court preparation sessions.

 

  • Retained and managed domestic and international experts in numerous disciplines and outside counsel.

 

  • Managed domestic and international intellectual property, trademark, patent and copyright portfolio and litigation.

 

  • Provided legal advice, analysis and litigation summaries to key corporate personnel.

 

  • Organized, supervised and participated in numerous domestic and international complex document review projects.

 

  • Developed strategies for compliance with labor regulations including the ADA, ADEA, Title VII, FLSA, and OSHA.

 

  • Conducted labor negotiations with multi-national offshore workers and unions in international consortium projects.

 

  • Negotiated, drafted and administered domestic and international contracts, agreements, marketing materials, e-mails and proposed web site language, Project Labor Agreements and collective bargaining agreements with domestic local unions for construction and various large- scale projects, including EPC (Engineer/Procure/Construct), EPCI (Engineer/Procure/Construct/ Install), Design-Build (DB), operation and maintenance (O&M), Federal Acquisition Regulation (FAR) forms, Defense Federal Acquisition Regulation (DFAR) forms, Defense Federal Acquisition Regulation Supplement (DFARS) forms, Army Corps of Engineers forms, manufacturing and distribution, technology and content delivery, transportation (by truck, rail and ship), joint-venture, alliance, business development, statement of work (SOW), outsourcing, procurement, solar energy and real estate sale and purchase, various leases (operating and capital equipment, commercial, industrial, land and retail real estate and telecommunications), engagement letters, offering memoranda and fairness opinions, and advised management and employees regarding planned RIFs.

 

  • Participated in the legal teams for several major international and domestic mergers, acquisitions and divestitures.

 

  • Developed aggressive litigation strategies, identified causes of action and authored legal memoranda.

 

  • Represented the company at domestic and international administrative, environmental and governmental proceedings, mediations, arbitrations, ADR and trial-related activities.

 

  • Advised management about labor-related issues at union facilities and during attempted union organizing activity.

 

  • Negotiated, drafted and administered contracts related to power marketing and derivatives including tolling, auctions, RFP responses, fuel supply and transportation, emissions credits, and master agreements relating to power purchase and finance, such as International Swaps and Derivatives Association (ISDA), Edison Electrical Institute (EEI), North American Energy Standards Board (NAESB), Renewable Energy Certificates, SO2 and NOX emissions allowances and regional products, and greenhouse gases such as offset projects, products, legislation, and trading, coal transportation and supply including master trading agreements, supply agreements, options, rail agreements, vessel charters and barge agreements, railcar leases, and ancillary agreements such as terminal, stevedoring and handling, gas supply agreements including gas supply master agreements and standalone gas supply and transportation agreements, oil supply and transportation agreements.

 

  • Negotiated, drafted and administered numerous ex-patriot agreements.

 

  • Managed issues associated with interpretation and compliance with power marketing contracts and guidelines.

 

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   Port Authority of NY & NJ,  New York City, NY                      Jan. 2, 1992 – Jan. 1, 2001

    Senior Attorney, Construction Contracts Division

 

  • Developed, drafted and managed three hundred fifty-eight (358) consecutive construction contracts for buildings, airports, railroads, light rail, security, maritime, highways, tunnels, solar energy and other miscellaneous projects, not one of which resulted in any litigation.

 

  • Authored and edited four hundred forty-four (444) specification sections.

 

  • Developed, drafted and managed major waterfront restoration construction contracts in association with the U.S. Army Corps Of Engineers, based on the Defense Federal Acquisitions Regulations (DFARs).

 

  • Developed, drafted and managed agreements for real estate purchase and sale, easements, licenses and leases (commercial, retail, office, vendor and ground) for the World Trade Center, airports and other facilities.

 

  • Cooperated and coordinated with the Port Authority Inspector General’s office and various New York City, New York State and Federal agencies in confidential investigations of allegedly illegal activities by contractors.

 

  • Negotiated, drafted and managed agreements for procurement, operation and maintenance (O&M), technology licensing and content distribution, outsourcing services, equipment leases, professional services, master services, software purchase and licensing, RFPs, RFQs, bids, bid disputes, contractor qualifications, hardware purchase and lease, commissions, marketing, confidentiality, equipment rental, settlements, consulting agreements, telecommunications services and facilities, and negotiated the resolution of numerous major construction claims.

 

  • Administered corporate and individual credit investigations and background checks regarding contractor qualifications.

 

  • Representation in construction-related cases, and processed and managed numerous FOIA requests.

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    Last updated 200723_1729

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