Hugh J. Marbury

Chair, Delaware Litigation Practice

Hugh is a well-known business litigator and adviser with decades of experience representing companies and entrepreneurs in sectors ranging from finance and tech to sports and pharmaceuticals. His broad experience allows him to undertake a range of sophisticated engagements in multiple areas of the law.

Hugh’s practice focuses on the prosecution and defense of complex claims before the Delaware Court of Chancery. Hugh represents companies, officers, trustees, financial institutions, and investors in a wide range of business disputes, including litigation related to M&A transactions, escrow and earnout disputes, shareholder demands, corporate control disputes, and class and derivative lawsuits. He is knowledgeable about the court’s unique rules, procedures, timelines, and judicial norms.

Hugh is also a preeminent intellectual property litigator and co-chair of the firm’s national Copyright Practice. He handles patent, copyright, trademark, trade secret, breach of contract, business torts, and other proprietary issues that come before federal courts, including Delaware District Court. Hugh has successfully led bet-the-company IP matters concerning cutting-edge technologies, from digital encryption to electron magnifiers to monoclonal antibodies.

He has substantial experience representing clients in arbitration proceedings and has won more than $3 billion in arbitration claims in aggregate. Hugh has particularly deep experience handling arbitration proceedings under Delaware law, which remains the industry standard, and has first chaired arbitrations in multiple forums, including AAA, JAMS, IDCR, ICC, and HKIAC.

Given his rare combined strength in both corporate and IP litigation, clients often turn to Hugh for high-level strategic advice on issues and challenges at the intersection of technology, business, and law.

Hugh is an elected member of the prestigious American Law Institute (ALI) and a contributing author to ALI’s widely cited Restatement of the Law, Copyright and Restatement of the Law, Torts: Defamation and Privacy.

Hugh earned his bachelor’s degree in philosophy, politics & economics from Pomona College, where he played varsity baseball. He earned his law degree from Vanderbilt University Law School and completed Harvard Business School’s Law Leadership Program.

 

Experience

News

Best Lawyers Honors More Than 200 Cozen O'Connor Attorneys in its Best Lawyers in America 2025 Edition

August 15, 2024

Best Lawyers selected 242 Cozen O’Connor lawyers from 24 of the firm’s U.S. offices for inclusion in the 2025 edition of The Best Lawyers in America and Best Lawyers: Ones to Watch in America.

Six Cozen O'Connor Attorneys Recognized as IP Stars by Managing Intellectual Property

July 12, 2024

Frank Abramonte, Thomas Fisher, James Gale, Shane Hardy, Hugh Marbury, and Camille Miller were named IP Stars by Managing Intellectual Property. Abramonte, Fisher, Gale, and Marbury were named Patent Stars.

Hugh Marbury Named to the Johns Hopkins Eudowood Foundation Board of Directors

April 15, 2024

Hugh Marbury, co-chair of the firm’s Copyright Practice, has been named to the Board of Directors of the Eudowood Foundation at Johns Hopkins.

Hugh Marbury Celebrates 15 Years at the American Law Institute

March 11, 2024

Hugh Marbury is celebrating his 15th year since being elected to the American Law Institute.

Hugh Marbury Named to the Common Crawl Foundation’s Board of Advisors

September 19, 2023

Hugh Marbury, co-chair of Cozen O'Connor’s Copyright Practice and resident in the firm’s Washington, D.C. office, has been named to the Board of Advisors for the Common Crawl Foundation.

Best Lawyers Honors More Than 200 Cozen O'Connor Attorneys to its Best Lawyers in America 2024 Edition

August 17, 2023

Best Lawyers selected 232 Cozen O’Connor lawyers from 24 of the firm’s U.S. offices for inclusion in the 2024 edition of The Best Lawyers in America.

Eight Cozen O'Connor Attorneys Recognized as IP Stars by Managing Intellectual Property

June 27, 2023

Eight members of Cozen O'Connor’s Intellectual Property Department, Frank Abramonte, Noelle Engle-Hardy, Thomas Fisher, James Gale, Gregory Gulia, Shane Hardy, Hugh Marbury, and Camille Miller, were named IP Stars by Managing Intellectual Property.

Copyright & Trademark Cases To Watch In 2023

January 02, 2023

Hugh Marbury was quoted in Law360 discussing Hachette v. Internet Archive.

The Biggest Copyright Rulings Of 2022

December 16, 2022

Hugh Marbury was quoted in Law360 discussing one of the top copyright rulings of 2022, Gray v. Hudson.

More Than 200 Cozen O’Connor Attorneys Named Best Lawyers and Ones to Watch

August 22, 2022

210 Cozen O’Connor lawyers from 24 of the firm’s nationwide offices for inclusion in the 2023 edition of The Best Lawyers in America.

Seven Cozen O'Connor Attorneys Named IP Stars by Managing Intellectual Property

May 31, 2022

Seven members of Cozen O'Connor’s Intellectual Property Department, Frank Abramonte, Thomas Fisher, James Gale, Gregory Gulia, Shane Hardy, Hugh Marbury, and Camille Miller have all been named IP Stars by Managing Intellectual Property.

Hugh Marbury Named to Board of Directors of Living Classroom

March 04, 2022

Hugh Marbury, a member of Cozen O'Connor’s Intellectual Property Department, has been named to the Living Classroom’s board of directors for the National Capital Region.

More Than 205 Cozen O’Connor Attorneys Named Best Lawyers and Ones to Watch By The Best Lawyers In America

August 19, 2021

Best Lawyers selected 210 Cozen O’Connor lawyers from 23 of the firm’s nationwide offices for inclusion in the 2022 edition of The Best Lawyers in America.

200 Cozen O’Connor Attorneys Named Best Lawyers and Ones to Watch By The Best Lawyers In America

August 20, 2020

Best Lawyers selected 200 Cozen O’Connor lawyers from 23 of the firm’s nationwide offices for inclusion in the 2021 edition of The Best Lawyers in America© (Copyright 2020 by Woodward/White, Inc., of Aiken, SC).

Four Cozen O'Connor Attorneys Named IP Stars by Managing Intellectual Property

May 14, 2020

Four members of Cozen O'Connor’s Intellectual Property Group, Frank Abramonte, Thomas Fisher, James Gale, and Hugh Marbury, have all been named IP Stars by Managing Intellectual Property.

Publications

A Defense Strategy For Addressing Copyright Fee-Shifting [Law360]

April 01, 2024

Hugh Marbury and Molly Shaffer contributed an Expert Analysis to Law360, discussing the need for the Supreme Court to provide guidance on how Rule 68 of the Federal Rules of Civil Procedure impacts permissive fee-shifting.

After Warhol, The High Court Must Clarify Copyright Damages [Law360]

June 05, 2023

Hugh Marbury and Molly Shaffer authored an article about the emergence of copyright-related legal concerns for the U.S. Supreme Court following the Court's decision in Andy Warhol Foundation for the Visual Arts Inc. v. Goldsmith.

4 Reasons Software Copyright Lawsuits Are On The Rise [Law360]

December 13, 2019

Hugh Marbury and Armeen Mistry wrote about why there has been an increase in software copyright lawsuits.

Fox News v. TVEyes: Implementing Internal Policies to More Likely Remain Within the Realm of Fair Use [Intellectual Property Alert]

March 01, 2018

Hugh Marbury and Alanna Miller discuss Fox News v. TVEyes and how the Second Circuit is setting up case law that differentiates similar technologies within different industries.

Events & Seminars

Past Events

White House Office of Science and Technology Briefing

August 29, 2024 - Washington, D.C.

AI, Copyright & Fair Use

August 19, 2024 - Webinar

Market Implications Of The Fair Use Dialogue

April 30, 2024 - New York, NY

Arbitration Practice Tips

June 08, 2023 - Ocean City, MD

Primer on Copyright

June 03, 2022 - Ocean City, MD

Education

  • Vanderbilt University Law School, J.D., 1995
  • Pomona College, B.A., 1991

Awards & Honors

Maryland Super Lawyer, Intellectual Property Litigation, 2009-Present

Best Lawyers in America, Arbitration, Commercial Litigation, and Mass Tort/Class Action 2013-2024

Baltimore’s Best Lawyers

Managing IP, IP Star and Patent & Trademark Star

  • Delaware
  • District of Columbia
  • Maryland
  • New York

Board of Directors - Living Classroom for the National Capital Region

Board of Advisors - The Common Crawl Foundation 

Board of Directors - Eudowood Foundation, Johns Hopkins Children's Center

Regional Advisory Group Member - American Law Institute 

Member - Spriggs Farm Preservation Foundation, Inc.