2011 Super Lawyers Pro Bono Award
Attorney Profile

Marc R. Lieberman

Marc Lieberman

Kutak Rock LLP
8601 North Scottsdale Road, Suite 300
Scottsdale, AZ 85253

Scottsdale

Arizona (AZ)

Contact Contact Marc R. Lieberman
T: 480-429-5000
F: 480-429-5001

Visit: www.kutakrock.com
Practice Areas: Real Estate (50%), Securities & Corporate Finance (40%), Administrative Law (10%)

Real Estate

Securities & Corporate Finance

Administrative Law

Industry Groups: Private Equtiy, Public Pension Alternative Investments, Venture Capital

Profile

Marc Lieberman is Chair of the Kutak Rock Public Pension/Alternative Asset Group, which works with public pension plans across the nation to negotiate real estate, private equity, venture capital, and hedge fund investments. A Board Certified Real Estate Specialist, Mr. Lieberman has negotiated over $1.5 billion in real estate transactions and over $2 billion in private equity and hedge transactions for his clients. As outside general counsel to a number of public pension plans for more than 20 years, and as private equity, real estate, and investment counsel to others, Mr. Lieberman is dedicated to serving the unique needs of public plans and other large institutions.

Selected To

Southwest Super Lawyers 2011
Southwest Super Lawyers 2010
Southwest Super Lawyers 2009

Certifications and Credentials

International Locations

Global Region(s): Canada (Region), Europe


Articles about Marc Lieberman appearing in Super Lawyers

Easy Rider
Marc Lieberman's whole life is an adventure. Even his seemingly sedate law practice

About Marc Lieberman

Admitted: 1983, Arizona

Professional Webpage: www.kutakrock.com/index.cfm?fuseaction=DspBio&id=4421&site_i...

Honors and Awards:

  • 1997 Arizona Attorney General's Civil Rights Award; 1997 Central Arizona Hate Crimes Advisory Board Award; 1996 ADL Herb Brooks Community Leadership Award; National Winner, 1979 Moeller Prize.

Special Licenses/Certifications:

  • Marc Lieberman is a Certified Real Estate Specialist in the State of Arizona. He is licensed to practice in Arizona, Colorado, Texas and the District of Columbia (inactive).
  • Marc Lieberman is a Certified Real Estate Specialist in the State of Arizona. He is licensed to practice in Arizona, Colorado, Texas and the District of Columbia (inactive).

Bar/Professional Activity:

  • Certified Specialist in Real Estate Law, Arizona Board of Legal Specialization; Arizona Court of Appeals, Judge Pro Tempore (1995-1998); State Bar of Arizona, past chair (Appellate Section), member (Real Property Section), faculty member (Professionalism Course); former member, Arizona Commission on Judicial Performance; former member and past chair, Editorial Board, Arizona Attorney Magazine; fellow, Arizona Foundation for Legal Services and Education; former master and Past President, Thurgood Marshall Inn of Court; past faculty, Appellate Practice Institute; chair, Arizona Hate Crimes Task Force (1996-1998); chair, Anti‑Defamation League, Arizona Regional Board (1999-2000); chair, Civil Rights Committee, Arizona Chapter (1994-1998); past president, Biltmore Kiwanis Club and Scottsdale Phoenix Executive Association.

Pro bono/Community Service:

  • Marc Lieberman is very active in his local community. He presently serves on the Arizona Commission for Judicial Performance Review, which is responsible for evaluating the performance of Arizona's judges. He is also a past president of the Thurgood Marshall Inn of Court, and formerly served as president of the Biltmore Kiwanis Club, and the Scottsdale Phoenix Executive Association and Chair of the Arizona Hate Crimes Task Force, which was responsible for enacting Arizona's first hate crime laws aimed at levying harsher sentences on those committing crimes for discriminatory reasons. He previously served as Chair of the Arizona Regional Board of the Anti-Defamation League and its Civil Rights Committee and is the Recipient of the Arizona Attorney General's Civil Rights Award. Mr. Lieberman is also the National Winner of the Moeller Prize for his writing on First Amendment issues. He has just published his first novel, The Sign of the Anasazi.

Scholarly Lectures and Writings:

  • Marc Lieberman has authored the following books and articles on the law:  (1) "Issues in Securing Investment Management," Benefits Magazine (September, 2011); (2) "The Forgotten Founder," Arizona Attorney Magazine (July 2011); (3) "The Necessity of Investigating Investment Management," February, 2010 NAPPA Report; (4) "Social Security: Finding Ways to Fill the Gap," East Valley/Scottsdale Tribune (August 2005), (5) "The Jig Is Up! The Death of Gamesmanship," Arizona Attorney (March 2005), (6) "The $5,000 Complaint: Why the Rule in Creasy's Case May Signal Adoption of UPL Legislation," Arizona Attorney (June 2001),  (7)  "The Enemy Within: Detecting and Fighting Administrator Fraud," Arizona Attorney (January 2001),  (8) "Learned Hand for a Day: The Rewards of Division One's Pro-Tem Program," Arizona Attorney (June 1997), (9)  "Your Rights as a Consumer: Legal Tips for Savvy Purchases of Goods, Services and Credit," Career Press (2d ed.),  (10)  "The Case for Hate Crime Legislation," Arizona Attorney (March 1996),  (11)  "Eek! Run for Your Lives! It's the Equity Suckers! Don't Get Bitten by This Latest Bankruptcy Beast," Arizona Attorney (November 1993),  (12)  "The Refinancing Trap: The Hidden Peril of Refinancing Home Mortgage Debt," Arizona Attorney (May 1993), (13)  "COLA Wars: The Ongoing Battle to Eliminate Cost-Of-Living Adjustments to the Pensions of Arizona Retirees," Arizona Attorney (June 1991),  (14)  "The Five Bases of Third-Party Lender Liability: Let the Lender Beware," Arizona Attorney (February 1991),  (15)  "Overtime Compensation v. Pension Benefits: Will Arizona Public Employees Be Denied One to Achieve the Other?" State Bar of Arizona CLE Monograph (1986),  (16)  "The Happy Demise of Constructive Incorporation," Arizona Bar Journal (October 1986),  (17)  "Illinois Multi-State Plaintiff Class Actions: Abrogation of Jurisdictional Limitations on State Sovereignty," 31 DePaul Law Review 471 (1982)    LECTURES   (1) "Issues in Securing Investment Managers," 2011 Investments Institute, Las Vegas, Nevada (2) "Trustees' Duties Upon Discovery Possible Fraud," Investments Institute, Las Vegas, Nevada (February 2006),  (3)  "Understanding Your Fiduciary Responsibility," Phoenix, Arizona (January 2006),  (4) "Third Annual Supreme Court Review," State Bar of Arizona (April 2005),  (5)  "2004 Appellate Highlights," Working With the Arizona Court of Appeals (November 2004),  (6)   "Land Use Law: Development, Regulation and Environmental Issues," CLE International (October 1997),  (7)   "The Reach of Impact Fees," National Conference, League of Cities (September 1997),  (8)  "Land Use Law: Development, Regulation and Environmental Issues," CLE International (December 1996),  (9)  "The Ethics of Life, Death, Care and Creation: A Roundtable of Bio-Medical Ethical Conundrums," Seminar Chair (March 1991),  (10)  "The Inns and Outs of Appellate Special Actions," 11/3/06, State Bar of Arizona Seminar on "Working with the Arizona Court of Appeals"

Verdicts and Settlements:

  • Fund Manager v. Tucson Police Public Safety Personnel Retirement System Board, 137 Ariz. 536, 672 P.2d 201 (App. 1983); Fund Manager v. Arizona Department of Administration, 151 Ariz. 93, 725 P.2d 1127 (App. 1986); Norton v. Arizona Department of Public Safety Local Retirement Board, 150 Ariz. 303, 723 P.2d 652 (1986); Fund Manager v. City of Phoenix Police Department, 151 Ariz. 487, 728 P.2d 1237 (App. 1986); Fund Manager v. Superior Court, 152 Ariz. 255, 731 P.2d 620 (App. 1986); Wills v. Pima County PSPRS Board, 154 Ariz. 435, 743 P.2d 944 (App. 1987); Fund Manager v. Department of Public Safety Local Retirement Board, 157 Ariz. 324, 757 P.2d 128 (App. 1988); Fund Manager v. Corbin, 161 Ariz. 364, 778 P.2d 1260 (1989); Arizona Board of Regents v. State, 160 Ariz. 150, 771 P.2d 880 (App. 1989); Cleland v. Corrections Offier Retirement Plan, 169 Ariz. 252, 818 P.2d 237 (App. 1991); Alexander v. Fund Manager, 166 Ariz. 589, 804 P.2d 122 (App. 1990); McClead v. Pima County, 174 Ariz. 348, 849 P.2d 1378 (App.1992); Thurston v. Judges Retirement Plan, 179 Ariz. 49, 876 P.2d 545 (1994); Griffeth v. Sheet Metal Workers Local Unions and Councils Pension Plan, 34 F. Supp.2d 1170 (D. Ariz. 1998); Snyder v. Tucson Police PSPRS Board, 198 Ariz. 239, 8 P.3d 1153 (App. 1999); Fund Manager v. Tucson Police, 147 Ariz. 1, 708 P.2d 92 (App. 1985); Parada v. Parada, 196 Ariz. 428, 999 P.2d 184 (2000); Parkinson v. Guadalupe PSPRS Local Board, 214 Ariz. 274, 151 P.3d 557 (App. 2007); City of Phoenix v. Fields, 219 Ariz. 568, 201 P.3d 529 (2009); Booker Custom Packing Co., Inc. v. Sallomi, 149 Ariz. 124, 716 P.2d 1061 (1986); Home Builder's Association of Central Arizona v. City of Scottsdale, 187 Ariz. 479, 930 P.2d 993 (1997); Siporin v. Carrington, 200 Ariz. 97, 23 P.3d 92 (App. 2001); Interlott Technologies, Inc. v. Arizona Department of Revenue, 205 Ariz. 452, 72 P.3d 1271 (App. 2003); Valley Farms v. Transcontinental Insurance, 206 Ariz. 349, 78 P.3d 1070 (App. 2004); Hosea v. City of Phoenix Fire Pension Board, 581 Ariz. Adv. Rep. 36, 229 P.3d 257 (App, 2010).  

Transactions:

  • Mr. Lieberman has documented approximately $2 billion worth of private equity and hgedge transactions for public retirement systems, including those acquiring public or private companies (both domestically and outside the U.S.) in the following businesses: (1) Biomedical and Technology, (2) Timber (Some with Conservation Components), (3) Real Estate, (4) Information Technology, Convergence and Life Sciences, (5) Energyo Non-cyclical, Under Managed, Middle Markets., (6) Resort and Hospitalityo Infrastructureo LBO, CLO, (7) Discounted CMO, CDOs, RMBS, (8) GTAA, (9) portable alpha and (10) commodities.    These partnerships have involved early-, mid- and late-stage targets, some of which have been made through small business investment companies ("SBIC's"), as authorized by the U.S. Small Business Administration.  Some of the partnerships have also involved mezzanine financing.  Mr. Lieberman has also negotiated a host of investment management and separate account agreements, including derivative overlay, custody, securities lending, portable alpha and other investment agreements.

Representative Clients:

  • Public Safety Personnel Retirement System, Elected Officials' Retirement Plan, Correction Officers Retirement Plan, Arkansas Teachers Retirement System, Texas Municipal Retirement System, City of Omaha Police and Fire Pension Plan, City of Phoenix Employees' Retirement Plan and the Illinois Student Assistance Commission, on behalf of the Illinois Prepaid Tuition Trust Fund.

Other Outstanding Achievements:

  • Author, Sign of the Anasazi (Emerald Book Company) May, 2009

Educational Background:

  • Law School:   DePaul University College of LawDegree/Distinctions:  Notes Editor, DePaul Law ReviewUndergraduate:  A.B., with honors, Indiana University, 1980; National Winner, 1979 Moeller Prize (excellence in journalism).
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