Marc R. Lieberman

Marc R. Lieberman practice focuses on representation of institutional investors in connection with their alternative investments, including private equity, hedge funds and commingled real estate transactions.


Mr. Lieberman joined Kutak Rock in 2006. He has served as outside general, investment and fiduciary counsel for many large statewide public pension plans, including the Public Safety Personnel Retirement System, the Elected Officials’ Retirement Plan and the Corrections Officer Retirement Plan. He has also represented the City of Phoenix Employees’ Retirement System, the Texas Municipal Retirement System and the Arkansas Teacher Retirement System, among other plans. He has assisted the Navajo Nation and Illinois Pre-Paid Tuition Trust Fund and Illinois Student Assistance Commission in connection with alternative investment matters, and the Arizona State Retirement System, CalPERS, Mass Prim, the City of Los Angeles, the Indiana Public Employees Retirement System and the Virginia Retirement System have recently retained Mr. Lieberman as investment counsel. He handles most of the legal work attendant to several of his plan clients, and has also represented these plans in a wide variety of litigation. In addition to the various public plans, Mr. Lieberman has represented numerous private pension plans in ERISA litigation, and obtained the first published decision in the Ninth Circuit that awarded a plan its fees against a benefit claimant, something unheard of in benefit cases. He obtained the largest defense verdict in the United States for the year ending January 31, 2017, defeating a $200 million claim and obtaining a $4.9 million defense award.

A Certified Specialist in Real Estate Law, Mr. Lieberman regularly documents real estate investments of his clients. Currently, those investments include office buildings, health spas, master planned communities, hotels, golf courses, shopping centers, convenience store/gas stations, restaurants, historic renovations, raw land and condominium towers throughout the United States, amounting to more than $1.5 billion. He has also documented scores of land banking transactions and, to date, he and his team have negotiated over $5 billion in private equity and hedge deals.

Mr. Lieberman currently serves as a member of the Arizona Supreme Court Committee on Character and Fitness. He is a former member of the Arizona Judicial Review Performance Commission, past Chair of the Appellate Section of the State Bar of Arizona and past Chair of the Editorial Board of Arizona Attorney Magazine. He is a frequent lecturer on appellate and public pension issues, and has written numerous articles on a wide variety of legal topics, including a book on consumer rights and remedies.

Mr. Lieberman is also a member of the National Association of Public Pension Attorneys and its SEC subcommittee, and regularly attends that body’s meetings to stay apprised of all developments in the areas of public and private pension plans.

Firm Overview:

Kutak Rock LLP is a national law firm of more than 550 lawyers with 18 offices from coast to coast. The firm serves local, regional and national clients in a practice that spans a wide range of disciplines. We encourage our attorneys to take advantage of the national resources and broad range of expertise the firm offers in order to provide the best legal services possible to our clients.

Our firm’s primary practice concentrations are securities, business, finance and corporate law, as well as public finance, litigation and real estate law, with numerous areas of specialization. Kutak Rock attorneys work together in well-integrated, national practice groups to maintain and enhance their technical expertise and to reinforce and support one another in achieving client objectives.

We have represented hundreds of state and local governmental units, a substantial number of Fortune 500 corporations, every major investment banking firm in the United States, major European, Asian and domestic money-center banks, insurance companies, national real estate investors and developers, major national franchising enterprises and numerous other financial institutions and businesses.

Several members of Kutak Rock have served as government officials on the federal and state levels. The attorney ranks in our various offices include a former United States Attorney, a former United States Senator and former officials of the Internal Revenue Service, Federal Communications Commission and Department of Defense.

We have earned a national reputation for finding creative solutions to complex legal issues and for providing excellent legal services in a practical, cost-conscious manner. We maintain that reputation by actively communicating with our clients at the initial stages of each engagement to gain a complete and clear understanding of our clients’ desired objectives.

Kutak Rock LLP is rated “AV” by Martindale-Hubbell—the highest rating that independent organization confers on a law firm.