Marc R. Lieberman

Attorney Profile

Top Rated Real Estate Attorney in Scottsdale, AZ

Kutak Rock LLP
 | 8601 North Scottsdale Road, Suite 300
Scottsdale, AZ 85253
Phone: 480-429-7103
Selected to Super Lawyers: 2009 - 2017
Licensed Since: 1983
Practice Areas:
  • Real Estate: Business (50%),
  • Securities & Corporate Finance (40%),
  • Administrative Law (10%)
Attorney Profile

Marc R. Lieberman, an attorney at Kutak Rock, LLP, serves as investment counsel to numerous public pension and sovereign wealth funds across the country. Some of his notable clients include the Illinois Pre-paid Tuition Trust Fund, the Arkansas Teacher Retirement System, the Texas Municipal Retirement System and the Navajo Nation. He also serves as investment counsel to the Arizona Corrections Officer Retirement Plan, the Arizona Elected Officials Retirement Plan, the Arizona Public Safety Personnel Retirement System and the Arizona PSPRS Trust, among other state-wide retirement systems.

Kutak Rock was recently named Best Firm in the United States in for Alternative Investments by Corporate America Finance Magazine. Mr. Lieberman Chairs the firm's alternative investment practice group.

A Board Certified Real Estate Specialist (State Bar of Arizona Board of Legal Specialization), Mr. Lieberman has documented over $3.5 billion in private equity, venture capital and hedge transactions involving numerous investment spaces, including real assets, real estate, risk parity, GTAA, beta overlay and portable alpha, among many others. He and his team regularly document investment management agreements for separate accounts, as well as co-investments and secondary acquisitions and sales.  Mr. Lieberman regularly drafts investment, ethics, fiduciary and governance policies, and has documented numerous custody, securities lending, prime brokerage and other securities agreements.

Mr. Lieberman also has experience handling appellate cases, and two of his case arguments have been televised. Several periodicals have published a number of his legal articles, and he also authored a book, a novel and has lectured extensively.

Mr. Lieberman previously chaired the Appellate Practice Section of the State Bar of Arizona as well as the Editorial Board of Arizona Attorney Magazine. He curerntly serves as a member of the Arizona Supreme Court Committee on Character and Fitness, having previously served as a judge pro tempore for the Arizona Court of Appeals and as a commissioner on the Arizona Commission on Judicial Performance Review. He has also served as past Chair of the Anti-Defamation League. His peers have honored him with the top rating of AV-Preeminent* in Martindale-Hubbell, as well as Best Lawyers in America, as a testament to his integrity and professionalism, and his steadfast dedication to his community garnered him the Arizona Attorney General's Civil Rights Award.

*AV-Preeminent and BV-Distinguished are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the judiciary. Martindale-Hubbell ratings fall into two categories – legal ability and general ethical standards.

 
Practice Areas
Lawyer Practice Area Pie Chart

Real Estate (50%)

Securities & Corporate Finance (40%): Securities Law

Administrative Law (10%)

Focus Areas

Securities & Corporate Finance: Securities Law

Selections

Selected to Super Lawyers for 9 yearsbottom-image

Super Lawyers: 2009 - 2017

Certificates and Credentials

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To: Marc R. Lieberman
Super Lawyers: Potential Client Inquiry

Articles about Marc R. Lieberman appearing in Super Lawyers

About Marc Lieberman

Admitted: 1983, Arizona

Professional Webpage: http://www.kutakrock.com/marc-lieberman/

Honors and Awards:

  • National Winner, Moeller Prize, 1979
  • ADL Herb Brooks Community Leadership Award, 1996
  • Central Arizona Hate Crimes Advisory Board Award, 1997
  • Arizona Attorney General's Civil Rights Award, 1997
  • "AV" Rating, Preeminent, 5 out of 5, Martindale - Hubbell®
  • Best Of The Bar, Ranking Arizona Magazine, 2010  - Present
  • Arizona's Finest Lawyers, 2011  - Present
  • Fellow, Arizona Foundation for Legal Services and Education

Special Licenses/Certifications:

  • Real Estate Law, Arizona Board of Legal Specialization

Bar/Professional Activity:

  • Member, Character and Fitness Committee, Supreme Court of Arizona
  • Texas, 2011
  • Colorado, 2011
  • District of Columbia, 1985
  • Arizona, 1983
  • Master and Past President, Thurgood Marshall Inn of Court
  • Past President, Scottsdale Executive Association
  • Faculty Member, Professionalism Course, State Bar of Arizona
  • Member, Real Property Section, State Bar of Arizona
  • Past Chair, Appellate Section, State Bar of Arizona
  • Judge Pro Tempore, Arizona Court of Appeals, 1995 - 1998

Pro bono/Community Service:

  • Former member and Past Chair, Editorial Board, Arizona Attorney Magazine
  • Former member, Arizona Commission on Judicial Performance
  • Former Faculty, Arizona Appellate Practice Institute
  • Past Chair, Editorial Board of Arizona Attorney Magazine
  • Member, National Association of Public Pension Attorneys
  • Past President, Biltmore Kiwanis Club
  • Chair, Civil Rights Committee, Arizona Chapter, 1994 - 1998
  • Chair, Anti Defamation League, Arizona Regional Board, 1999 - 2000
  • Chair, Arizona Hate Crimes Task Force, 1996 - 1998

Scholarly Lectures and Writings:

  • "Risk Management for Return Enhancement," Risk Magazine (February 2016)
  • "When Trustees Have a Duty to Delegate Investment Management," NAPPA Report (October 2015)
  • "Want to Preclude Municipal Bankruptcies Filed to Discharge Pension Obligations?  Amend Your Bankruptcy Authroization Statute, Pronto," NAPPA Report (April 2015)
  • "What Me Worry"  What Dontributions Qualify as Proceeds of Municipal Securities' for Purposes of the Municipal Advisors Rule," Benefits Magazina (Web Exclusive) (October 2014)
  • "Modern Pension Fund Diversification," Journal of Asset Management (July 2014)
  • "From Saw's Ear to Silk Purse:  Transformation of the Arizona Public Safety Pesonnel Retirement System," Benefits Magazine (June 2014)
  • "Impact of GASB's New Pension Rules on  Government Bond Ratings,"  Pensions & Investments (April 2014)
  • Cities' Pension Obligations Get More Public Exposure Under New Rules," Arizona Capital  Times (January 2014)
  • "EeK! Run for Your Lives! It's the Equity Suckers! Don't Get Bitten by This Latest Bankruptcy Beast," Arizona Attorney, November 1993
  • "The Inns and Outs of Appellate Special Actions," State Bar of Arizona Seminar on "Working with the Arizona Court of Appeals", November 2006
  • "The Ethics of Life, Death, Care and Creation: A Roundtable of Bio Medical Ethical Conundrums," Seminar Chair, March 1991
  • "Land Use Law: Development, Regulation and Environmental Issues," CLE International, December 1996
  • "The Reach of Impact Fees," National Conference, League of Cities, September 1997
  • "Land Use Law: Development, Regulation and Environmental Issues," CLE International, October 1997
  • "2004 Appellate Highlights," Working With the Arizona Court of Appeals, November 2004
  • "Third Annual Supreme Court Review," State Bar of Arizona, April 2005
  • "Understanding Your Fiduciary Responsibility," Phoenix, Arizona, January 2006
  • "Trustees' Duties Upon Discovery Possible Fraud," Las Vegas, Nevada, February 2006
  • "Issues In Securing New Investment Management," Las Vegas, Nevada, April 2011
  • "Legal Threats And Challenges Facing Public Pension Systems," Phoenix, Arizona, February 2012
  • Model Uniform Rules of Local Board Procedure for the Public Safety Personnel Retirement System
  • Model Uniform Rules of Local Board Procedure for the Corrections Officer Retirement Plan
  • "Illinois Multi-State Plaintiff Class Actions: Abrogation of Jurisdictional Limitations on State Sovereignty," 31 DePaul Law Review 471, 1982
  • "The Happy Demise of Constructive Incorporation," Arizona Bar Journal, October 1986
  • "Overtime Compensation v Pension Benefits: Will Arizona Public Employees Be Denied One to Achieve the Other?," State Bar of Arizona CLE Monograph, 1986
  • "The Five Bases of Third - Party Lender Liability: Let the Lender Beware," Arizona Attorney, February 1991
  • "COLA Wars: The Ongoing Battle to Eliminate Cost-Of-Living Adjustments to the Pensions of Arizona Retirees," Arizona Attorney, June 1991
  • "The Refinancing Trap: The Hidden Peril of Refinancing Home Mortgage Debt," Arizona Attorney, May 1993
  • "The Case for Hate Crime Legislation," Arizona Attorney, March 1996
  • "Your Rights as a Consumer: Legal Tips for Savvy Purchases of Goods, Services and Credit," Career Press, 2d Ed
  • "Learned Hand for a Day: The Rewards of Division One's Pro-Tem Program," Arizona Attorney, June, 1997
  • "The Enemy Within: Detecting and Fighting Administrator Fraud," Arizona Attorney, January 2001
  • "The $5,000 Complaint: Why the Rule in Creasy's Case May Signal Adoption of UPL Legislation," Arizona Attorney, June 2001
  • "The Jig Is Up! The Death of Gamesmanship," Arizona Attorney, March 2005
  • "Social Security: Finding Ways to Fill the Gap," East Valley/Scottsdale Tribune, August 2005
  • "The Necessity Of Investigating Investment Management," NAPPA Report, February, 2010
  • "The Forgotten Founder," Arizona Attorney, July 2011
  • "Key Issues in Securing Investment Managers," Benefits Magazine, September 2011
  • "A UK Act's Impact on US Investors," Pensions & Investments Magazine, December 26, 2011
  • "Need Business? Look Over Your Shoulder," Attorney at Law Magazine, January 2012
  • "The Deal is in Delaware-Why Should I Demand Compliance with the UK Bribery Act?," NAPPA Report, February 2012
  • "American Companies Abroad-Complying With The New UK Bribery Act," Arizona Attorney, March, 2012

Verdicts and Settlements:

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

Transactions:

  • Mr. Lieberman and his team have documented approximately $3.5 billion worth of private equity and hedge 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:

  • Massachusetts PRIM
  • Virginia Retirement System
  • Navajo Nation
  • Los Angeles Fire and Police Plan
  • Illinois Prepaid Tuition Trust Fund
  • Illinois Student Assistance Commission
  • City of Phoenix Employees' Retirement Plan
  • City of Omaha Police and Fire Pension Plan
  • Texas Municipal Retirement System
  • Arkansas Teachers Retirement System
  • Correction Officers Retirement Plan
  • Elected Officials' Retirement Plan
  • Public Safety Personnel Retirement System

Other Outstanding Achievements:

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

Educational Background:

  • Indiana University, A.B., National Winner, Moeller Prize for excellence in journalism, 1979, 1980
  • DePaul University College of Law, J.D., Notes Editor, DePaul Law Review, 1983

Industry Groups

  • Private Equtiy
  • Public Pension Alternative Investments
  • Venture Capital
  • Find Me Online
    Office Location for Marc R. Lieberman

    8601 North Scottsdale Road
    Suite 300
    Scottsdale, AZ 85253

    Phone: 480-429-7103

     

    Marc R. Lieberman:

    Last Updated: 1/17/2017

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