Marc S Casarino
Partner | Wilmington,
United States
marc.casarino@kennedyslaw.com
+1 302 308 6646
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Profile
Education
- Widener University School of Law, JD, 1997
- University of Delaware, BS, Economics, 1994
Marc is the firm’s head of US Corporate and Commercial and a partner in the Wilmington office. With 30 years of experience, Marc is a seasoned business lawyer known for his collaborative approach, striving to add exceptional value to clients. He has a skilled transactions team who simplify complex matters, develop creative solutions and provide actionable advice.
Marc’s practice includes contract negotiations, business sales and acquisitions, corporate governance, stockholder rights, partnership conflicts, fiduciary obligations, internal investigations, transaction insurance, employment and D&O defense matters. He has first-chair trial experience at both the state and federal levels in all of the Delaware courts, as well as litigation experience throughout the United States. He believes in being a strategic partner committed to his client’s success.
Marc contributed to Kennedys' 'Foresight: The 2026 risk landscape' report, published in January 2026, along with Kennedys' 'Global forecast 2024: Evolving insurance risks' report, published in January 2024.
In the media:
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Following Andreessen Horowitz’s Delaware exit on future D&O underwriting, Marc spoke to Insurance Insider US about the potential impact of such corporate outflow.
Qualifications and admissions
- Delaware
- US District Court for the District of Delaware
- US Court of Appeals for the Third Circuit
Market recognition
- Recognized in Best Lawyers in America: Litigation – Insurance and Litigation - Labor and Employment (2023-2026), Product Liability Litigation-Defendants (2025-2026) and Commercial Litigation (2026)
Work highlights
- Managed client acquisition of a hydroelectric facility in California
- Managed client acquisition of an interest in a renewable energy business in New England
- Managed client acquisition of strategic partner in global freight-forwarding business
- Advised clients on business formations, preparation of governance documents, licensing and certification, and related start up obligations
- Assisted clients with the orderly winddown and closure of their businesses
- Litigated “business divorces” and other stakeholder disputes
- Prepared and manages contract portfolios for clients across various business segments, including manufacturing, insurance, and data protection
- Prepared employee handbooks, employment agreements, severance agreements, restrictive covenant agreements, and work-for-hire agreements
- Defended directors and officers in numerous lawsuits by stockholders alleging breaches of fiduciary duties in various industries, including by example, financial services, technology, software and healthcare
- Defended directors and officers in lawsuits by bankruptcy trustees, receivers and creditor constituencies for breaches of fiduciary duties and avoidance/claw back claims
- Defended defamation claims and myriad business torts against directors and officers
- Defended various employment disputes involving wrongful termination, harassment, retaliation, and unfair discipline
- Litigated equitable claims for temporary and permanent injunctions involving restrictive covenants and non-compete disputes
- Litigated books and records demands upon Delaware business entities
Presentations and publications
- Co-author, “Risk and Recovery: Contrasting the Philosophies of US Corporate and Bankruptcy Law,” published in The Legal Intelligencer (February 2026)
- Co-author, “Board minutes under the microscope: Evidentiary value, privilege pitfalls and post-crisis reconstruction,” published for Kennedys (January 2026)
- Author, “New Employment Laws for 2026: State-by-State Legislative Update,” published for the 2026 DRI Employment Law Compendium, Delaware segment (December 2025) View article here
- Author, "The Rise of Defamation Claims in a Social Media Saturated World," published for PLUS (October 2025)
- “Defending D&O claims in bankruptcy,” presented at Kennedys Hot Topics Conference (October 2025)
- Author, "Delaware Supreme Court delivers split decision to insurers in 3M coverage row," published by Kennedys (August 2025)
- “The impact of SB 21 on transaction litigation,” In-House Client Training (April 2025, July 2025)
- “Navigating change - A shift in the legal environment and international trade for Latin America,” In-House Client Training (May 2025)
- Co-author, “Books and records disputes in Delaware will look a little different now,” published for Kennedys (March 2025)
- Co-author, “Delaware enacts significant changes to its corporate law with the passage of Senate Bill 21,” published for Kennedys (March 2025)
- “Are corporations headed west? A conversation about the recent spotlight placed on Delaware's role as home to America's businesses,” In-House Client Training (February 2025)
- Co-author, “Why Delaware remains the “First State” for business incorporation,” published for Kennedys (January 2025)
- “Why businesses choose Delaware,” In-House Client Training (January 2025)
- “Specific litigation insurance,” presented at the Reps & Warranties and Transactional Risk Insurance 2024 Seminar (October 2024)
- Co-author, “A practical guide to Series LLC,” published for Kennedys (October 2024)
- “Effective business practices in the US,” In-House Client Training (September 2024)
- Co-author, “News alert: Update to ITAR export control regulations,” published for Kennedys (September 2024)
- Co-author, “Treasury “significantly expands” CFIUS jurisdiction over covered real estate transactions,” published for Kennedys (September 2024)
- Co-author, “The FTC’s effort for a non-compete ban has been judicially struck down, however, its fate still hangs in the balance,” published for Kennedys (September 2024)
- Co-author, “Uniquely California: Non-competes and fiduciary obligations,” published for Kennedys (August 2024)
- Co-author, “Delaware governor approves significant amendments to the Delaware General Corporation Law,” published for Kennedys (July 2024)
- Co-author, “Corporate Transparency Act: Is compliance still required?” published for Kennedys (April 2024)
- Co-author, “The Corporate Transparency Act: Impending effect,” published for Kennedys (December 2023)
- Co-author, “The Texas two-step – It’s not dead yet,” in The Brief for the American Bar Association (Winter 2023)
- “Emerging trends in bankruptcy in the landscape of social inflation,” In-House Client Training (July 2023)
- Co-author, “Second Circuit confirms use of third-party releases in Chapter 11 Bankruptcy Plans – Circuit split remains,” published for Kennedys (June 2023)
- Co-author, “Growing number of jurisdictions continue to limit the use of restrictive covenants,” published for Kennedys (February 2023)
- “Bankruptcy and conveyance – UK, US and Bermuda perspectives,” presented at Kennedys Hot Topics Conference (October 2022)
- Author, “The Delaware Supreme Court’s Murdock Coverage Ruling is a Challenge for D&O Insurers” (March 2021)
- “COVID-19 Insurance Program,” In-House Client Training (August 2020)
Insurance and reinsurance