Marcus Holloway, Esq.
Senior Litigation Attorney, Legal Tank
Senior civil litigation attorney with twelve years in S.D.N.Y. and D.N.J. Drafts pre-suit demand letters for commercial collections and breach-of-contract recovery, plus FRCP 37 motions to compel discovery, protective-order motions, and 30(b)(6) follow-on motions for federal commercial, trade-secret, and securities matters.
Marcus's practice has two halves. On the pre-suit side, he drafts demand letters for commercial collections, breach-of-contract recovery, and unpaid invoice disputes, recovering judgments before litigation begins. On the litigation side, he runs written and deposition discovery for federal commercial, trade-secret, and securities matters, with particular focus on the strategic mechanics of FRCP 37: building the meet-and-confer record at intake, framing the proportionality argument under FRCP 26(b)(1), and structuring the moving papers so the magistrate can grant the motion on the papers when the dispute is purely a hold-back dispute. On the state-court side, he has drafted parallel motions under NY CPLR 3124 and CA CCP 2030.300 / 2031.310 for matters that crossed jurisdictions.
At Legal Tank, Marcus reviews every Custom Quote demand letter and motion to compel discovery before delivery and works in close coordination with Jessica Henwick on the editorial and reviewer pipeline. He does not appear in court; the retained trial counsel for each matter signs, files, serves, and argues the motion at the hearing.
Credentials & Bar Admissions
- J.D., Fordham University School of Law
- Admitted to the New York State Bar
- Admitted to the New Jersey State Bar
- Admitted to practice in the U.S. District Court, Southern District of New York
- Admitted to practice in the U.S. District Court, District of New Jersey
Practice Areas
FRCP 37 Motions to Compel
Drafts the full motion-memorandum-declaration-proposed-order package for federal-court written and deposition discovery disputes, including the Rule 37(a)(5) fee application stub.
FRCP 30(b)(6) Designee Motions
Drafts deposition-deficiency motions where the corporate designee was unprepared, instructed not to answer, or where the topic notice was improperly limited at the deposition itself.
Privilege-Log Challenges
FRCP 26(b)(5)(A) motions challenging facially deficient privilege logs, requesting in-camera review, or seeking waiver where the log fails the particularity standard of the controlling circuit.
State-Court Discovery Motions
Drafts the parallel state-court package under NY CPLR 3124, TX TRCP 215.1, FL Rule 1.380, IL Rule 219, and CA CCP 2030.300 / 2031.310, including the local-rule exhibit each court demands.
Discovery Sanctions
Builds the FRCP 37(a)(5) fee shift, or the parallel state-code sanctions request (NY CPLR 3126, TX TRCP 215.2, FL Rule 1.380(b), IL Rule 219(c), CA CCP 2023.030), into the moving papers so the prevailing-party award survives to retained trial counsel.
Protective-Order Practice
Drafts FRCP 26(c) motions for protective order on overbroad subpoenas, harassing depositions, and proportionality grounds under FRCP 26(b)(1).
Meet-and-Confer Records
Calibrates the meet-and-confer declaration to the local rule (chambers rule, magistrate order, state-court certificate of conference) so the threshold requirement is satisfied on the face of the moving papers.
Federal Commercial Litigation
Trade-secret, securities, breach-of-contract, and commercial-tort matters where written and deposition discovery drives the merits posture.
Notable Drafted Matters
Representative federal-court motion-drafting work. Matter names are withheld for confidentiality; venue, year, and outcome are summarized.
- 2025 · S.D.N.Y.Drafted Rule 37 motion that produced 11,400 previously withheld documents in a trade-secret matter; magistrate granted the motion on the papers without oral argument.
- 2024 · D.N.J.Briefed and won FRCP 37(a)(5) fee shift in a commercial discovery dispute after opposing counsel withdrew the prior boilerplate objections two days before the hearing.
- 2024 · S.D.N.Y.Drafted FRCP 26(b)(5)(A) privilege-log challenge that resulted in waiver of 220 logged documents in a securities matter when the log failed the particularity standard.
- 2023 · E.D.N.Y.Drafted 30(b)(6) follow-on motion compelling a continued deposition with a properly prepared designee in an antitrust class action; supplemental deposition produced the merits admissions the magistrate ordered.
- 2023 · D.N.J.Drafted FRCP 26(c) protective-order motion narrowing a 47-topic deposition notice to 11 proportional topics in a breach-of-contract dispute; protective order entered the same day.
Publications & Continuing Legal Education
- Drafting the Modern Motion to Compel: FRCP 37 Strategy in Federal Commercial CasesCLE · Civil Discovery CLE Series · 2025
- When the Privilege Log Fails the Particularity Standard: Lessons From the Second CircuitArticle · Federal Commercial Litigation Quarterly · 2024
- Rule 30(b)(6) After the 2020 Amendment: Designee Preparation and Motion PracticeCLE · Federal Bar Association Continuing Legal Education · 2024
- Calibrating Meet-and-Confer Records to Survive a Magistrate's Threshold InquiryArticle · Civil Procedure Review · 2023
Drafting & Review Workflow at Legal Tank
- Intake review. Reads every Custom Quote intake covering a motion to compel, motion for protective order, or 30(b)(6) follow-on motion before the matter is assigned to a drafting attorney; flags conflicts, jurisdictional misfit, and matters that should be referred out instead of drafted.
- Pre-delivery legal review. Reads the full filing package (motion, memorandum, supporting declaration, proposed order, exhibits) before delivery to confirm the controlling rule is correctly cited, the meet-and-confer record satisfies the local rule, and the FRCP 37(a)(5) or state-code fee application is preserved.
- Roster coordination. Coordinates the discovery-motion drafting roster, including federal-bar-admitted drafters and state-bar specialists, and matches incoming matters to the drafter whose admission profile fits the venue.
- Editorial review of related content. Serves as named legal reviewer on the Legal Tank service page and any editorial guides covering the discovery-motion practice area, ensuring the public-facing copy matches the actual deliverable scope.
- Court appearance scope. Does not file, serve, or argue at the hearing. Each matter is delivered as a sign-ready package to the retained trial counsel, who handles the courthouse work.
Reviewed Pages on Legal Tank
Pages where Marcus is named legal reviewer. Updated as the editorial pipeline assigns reviewers across the discovery-motion cluster.
- Motion to Compel Discovery Attorney (Drafting Service)Named legal reviewer · Last reviewed May 6, 2026
Commission a Discovery Motion Drafted Under Marcus's Review
Custom Quote motions to compel discovery, motions for protective order, and 30(b)(6) follow-on motions are drafted by the discovery roster and reviewed by Marcus before delivery to your retained trial counsel.