Mark Musico Email & Phone Number

Musico is a trial and appellate lawyer in Susman Godfrey's New York office. Clients, both plaintiffs and defendants, look to Musico for winning insights in high-stakes disputes involving intellectual property, defamation and the First Amendment, the False Claims Act, antitrust, securities, insurance, breach of contract, and fraud. Notable representations include:Saba Capital CEF Opportunities 1 Ltd. v. Voya Prime Rate Trust (Arizona Superior Court)In 2020, Musico secured a preliminary injunction that allowed his client, Saba Capital, to win the vote for board control of a $701 million closed-end fund, as reported by the Wall Street Journal. The injunction prevented the fund from enforcing a bylaw that substantially raised the voting threshold required to elect board trustees. At a full-day evidentiary hearing, Musico presented the proxy solicitation expert whose testimony the Court called “persuasive, if not compelling” evidence in support of Saba’s case. Musico also beat back several rounds of emergency appeals seeking to stay the injunction.Wellstat Pharmaceuticals v. BTG (Delaware Chancery Court)In 2017, Musico won a $70 million verdict for his client, Wellstat Pharmaceuticals ($58 million net of fees), in a bet-the-company lawsuit against the distributor of its leading product. He tried the case in Delaware Chancery Court alongside firm founder, Steve Susman. Musico played an instrumental role in maximizing the client’s recovery at trial, and wrote the brief that convinced the Delaware Supreme Court to summarily affirm the judgment on appeal.Public Sector Pension Investment Board v. Saba Capital (New York Supreme Court)Musico represented hedge fund Saba Capital, and its founder, Boaz Weinstein, in an asset valuation dispute with its investor, PSP. Musico led the strategic effort to chip away at plaintiff’s claims against Saba, and successfully briefed motions leading the court to dismiss three of the four claims at issue. The case settled while Saba’s summary judgment motion to knock out plaintiff’s one remaining claim was pending. ViaSat v. SpaceSystems/Loral (Southern District of California)In 2014, Musico went to trial to defend Loral Space & Communications against allegations of patent infringement and breach of contract. Musico played an active role at trial and helped write the post-trial briefs that resulted in the court ordering a new trial on damages. The Court called the original damages award against the defendants a “miscarriage of justice.”**Attorney Advertising. Prior results do not guarantee a similar outcome.**