"Jonathan has deep experience in areas critical to our clients at the intersection of energy, commodities and financial services," said ENR chair, Prajakt Samant. "Having argued and won at the United States Supreme Court five times, Jonathan also brings sterling appellate experience, and we are thrilled to welcome him to the Firm."
Marcus comes to Reed Smith from the Washington office of Skadden, Arps, Slate, Meagher & Flom LLP, which he joined in 2017, after serving as General Counsel of the Commodities Future Trading Commission (CFTC) from 2013-2017.
At Skadden, Marcus played a key role in numerous high-profile litigation victories, including
- Prime International Trading Ltd. v. BP PLC, in which Marcus represented a global energy company in a multidistrict class action by futures traders alleging that producers, refiners and traders conspired to manipulate the price of Brent Crude Oil and Brent futures in violation of the Commodity Exchange Act. Marcus took the lead for the joint defense group in writing the winning argument in the U.S. Court of Appeals for the Second Circuit that plaintiffs' claims required an impermissible extraterritorial application of the CEA.
- U.S. Futures Exchange LLC v. Board of Trade of the City of Chicago, in which Marcus represented the Chicago Mercantile Exchange and Chicago Board of Trade in an action by a former competing exchange alleging that CME and CBOT conspired to prevent competition in the market for exchange services for U.S. Treasury futures in violation of the antitrust laws. Marcus played a leading role in obtaining summary judgment for CME and CBOT and a victory in the Seventh Circuit, which issued the first appellate opinion conferring implied antitrust immunity on a defendant under the CEA.