Marc R. Shapiro is a partner in Orrick’s New York office. He is a member of the Commercial Litigation and Supreme Court and Appellate Practice Groups.

Marc represents clients in federal and state courts at the trial and appellate levels. His practice spans a number of areas including employment, administrative law, securities, contract, patent, copyright, trademark, mass torts, real estate, insurance and civil rights.

Marc served as a law clerk to Judge Betty B. Fletcher of the U.S. Court of Appeals for the Ninth Circuit. Prior to joining Orrick, Marc worked as an appellate and post-conviction attorney for the Equal Justice Initiative. In that capacity, he engaged in trial level and appellate representation of clients in both state and federal court, including two cases that were briefed and argued before the United States Supreme Court.

  • Recent engagements include:

    • Hunter v. NBPA: Representation at trial and on appeal of the National Basketball Players Association in employment dispute with the NBPA's former executive director, Billy Hunter.
    • Moussouris v. Microsoft: Representation of Microsoft in gender-based employment discrimination class action.
    • In re Chinese Drywall: Representation of foreign shareholders in product liability suit against Chinese drywall company.
    • In re Rodgers:  Secured successful settlement on behalf of former hedge fund manager in bankruptcy-related adversary proceeding brought by former fund creditors.
    • RecogniCorp v. Nintendo: Successfully defended Nintendo against patent infringement suit; demonstrated  asserted patent is subject matter ineligible.
    • In re Settlement Facility Dow Corning Trust:  Representation of Dow Chemical Company in bankruptcy action involving a subsidiary's settlement of breast implant-related product liability lawsuits.        
    • HCRC v. DOJ: Representation of legal service providers in Administrative Procedure Act challenge to DOJ regulations providing for streamlined federal habeas corpus review.
    • Imaginal Systematic v. Leggett & Platt: Secured affirmance of district court claim construction and non-infringement determination in an action brought against box spring manufacturer by patent holder for automatic stapling device.    
    • KPMG v. Kanam:  Secured dismissal of Ninth Circuit appeal seeking to lift district court stay enjoining plaintiff from suing accounting firm.
    • Resource Investment Inc. v. U.S.: Representation of waste removal company in takings action against Army Corps of Engineers regarding deprivation of property during permitting process.
    • U.S. v. Walli: Secured Sixth Circuit reversal of three criminal defendants convicted of sabotage for allegedly trespassing at a Department of Energy nuclear facility.
    • Kirstaeng v. Wiley: Successful representation before the United States Supreme Court of a graduate student against publisher in copyright dispute concerning the first sale doctrine.
    • PHL v. Bank of Utah:  Secured major Eighth Circuit victory for client and investors in life settlement industry, validating the secondary market for life insurance policies.