Partner
New YorkMarc 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:
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).