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Marc R. Shapiro

Partner

New York

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 with a particular focus on class actions, multi-district litigation, and mass joinders.  Recently, Marc played a lead role in securing denial of class certification and affirmance by the Ninth Circuit Court of Appeals in an employment discrimination suit against Microsoft. He also successfully secured dismissal of several foreign defendants in a class action before a MDL Court in Louisiana involving allegedly defective drywall.  Marc currently represents the NCAA in concussion and injury-related cases throughout the country, Marathon Oil Corporation in nationwide climate change litigation,  Johnson & Johnson in talc-related litigation across the country, Sanei International Ltd. in an international contract and unjust enrichment dispute, DomainTools in a contract and Computer Fraud and Abuse Act dispute concerning terms of service for accessing WHOIS registrant data, and Global Linguist Solutions in a 29-plaintiff, mass joinder False Claims Act case.  In addition, in response to the Covid-19 pandemic, Marc is actively assisting clients in strategizing around litigation arising out of the health crisis.

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:

    • Moussouris v. Microsoft: Secured denial of class certification on behalf of Microsoft in gender-based employment discrimination class action (W.D. Wa., Ninth Circuit Court of Appeals). 
    • In re Chinese Drywall: Secured dismissal of foreign shareholders in product liability suit against Chinese drywall company (MDL in M.D. La.; remand courts including S.D. Fl., E.D. Va.).
    • NCAA Litigation:  Represent NCAA in nationwide concussion and injury-related litigation.
    • Johnson & Johnson Litigation:  Represent J&J in nationwide talc-related litigation.
    • DNCL v. DomainTools: Representation of cybersecurity company in a contract and CFAA dispute concerning WHOIS registrant data (W.D. Wa., Ninth Circuit Court of Appeals).
    • Fadlalla v. DynCorp:  Represent government contractor in 29-plainitff False Claims Act case (D. Md.). 
    • Jill Stuart v. Sanei International:  Represent Japanese clothing retailer in contract and trademark dispute (NY state court, S.D.N.Y., Second Circuit Court of Appeals).
    • City of Los Angeles v. Patel:  Represented City of Los Angeles in Fourth Amendment challenge to municipal inspection code regarding hotel record-keeping requirement (United States Supreme Court).
    • In re Rodgers:  Secured successful settlement on behalf of former hedge fund manager in bankruptcy-related adversary proceeding brought by former fund creditors (D. Or. Bankruptcy).
    • RecogniCorp v. Nintendo: Successfully defended Nintendo against patent infringement suit; demonstrated asserted patent is subject matter ineligible (W.D. Wa., Fed. Cir.).
    • 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 (E.D. MI, Sixth Circuit Court of Appeals).        
    • HCRC v. DOJ: Representation of legal service providers in Administrative Procedure Act challenge to DOJ regulations providing for streamlined federal habeas corpus review (N.D. Ca., Ninth Circuit Court of Appeals).
    • 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 (Fed. Cir.).    
    • KPMG v. Kanam:  Secured dismissal of Ninth Circuit appeal seeking to lift district court stay enjoining plaintiff from suing accounting firm (W.D. Wa., Ninth Circuit Court of Appeals).
    • 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 (W.D. Wa., Fed. Cir.).
    • 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 (Sixth Circuit Court of Appeals).
    • 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 (United States Supreme Court).
    • 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 (D. Minn, Eighth Circuit Court of Appeals).

    • 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 (CA state court).

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