Marc’s practice focuses on complex business litigation, including product liability, intellectual property, and employment cases. He successfully tries high-profile and high-stakes cases in state and federal courts. A Super Lawyers profile praised Marc’s ability to break down complex concepts and explain them simply to juries, noting that he is “plain-spoken without being folksy; clear without sounding overly polished."
Marc has obtained positive results for his clients at every stage of the litigation process, including:
Trial. Some examples of Marc’s trial successes include:
- Defending Monster Energy Company in a precedent-setting product liability case in which, following a four-week trial, the jury returned a unanimous defense verdict (this is the first case of its kind in the nation to go to verdict against an energy drink company);
- Defending The Coca-Cola Company in a highly disputed intellectual property right of publicity case;
- Defending one of the nation’s largest beverage companies in product liability lawsuits;
- Representing a real estate investor in a breach of contract case against a national homebuilder and winning a multi-million-dollar jury verdict;
- Defending a technology company against a venture-capitalist firm’s allegations, which concluded with a defense verdict and a favorable monetary settlement on a cross-claim;
- Representing real-estate investors against a company with a portfolio of commercial real estate, concluding with the court finding the company had mismanaged the operating accounts;
- Defending the widow of a man accused of running a $134-million Ponzi scheme in a four-week class action trial and winning a complete jury defense verdict for his client; and
- Being part of the trial team that obtained the largest verdict in California in 2003—and second-largest in the United States that year—after a jury award of $934 million in a breach of contract and fraud case for a medical manufacturer.
Arbitration. Marc has also represented his clients in the arbitration process. In one case, he represented a global beverage company in claims against a Las Vegas hotel and casino involving trademark infringement and breach of contract. After a two-week arbitration before a retired California Supreme Court justice, Marc prevailed on all of his client’s claims, defeated all counterclaims and won an award of attorney’s fees and costs.
In another arbitration, Marc represented an investment firm against a marketing company’s million-dollar claims. The case concluded with a complete defense award, including attorney’s fees and costs.
Settlement negotiations. Marc has negotiated a number of favorable settlements for his clients. He represented a partner in a private equity firm threatened with a $10 million lawsuit; before the lawsuit was filed, he negotiated a settlement in which his client paid nothing and received more than $600,000. Other cases Marc worked on resulted in notable favorable settlements of $50 million and $9.4 million.
Publications and Presentations
The Dynamic Wage Hour Landscape: The California Employment Litigation and Policy Environment, Shook, Hardy & Bacon Teleconference CLE (June 30, 2017).
Sports Agents Face Significant Liabilities, Orange County Business Journal, (November 22, 2010).
Tips for Handling High Profile Media Cases, Orange County Lawyer, Vol. 52, No. 8 (August 2010).
A Legal Pitfall in a Green World, Orange County Business Journal, (August 30, 2010).
Refund on Unlawfully High Interest Rate Loans: Liabilities of Non-Exempt Lenders, Orange County Business Journal, Vol. 33, No. 19 (May 10, 2010).
Contractors on the Battlefield, Center for Terrorism Law, St. Mary's University of Law, June 2005.