Marc R. Shapiro

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.

• Engagements

  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 asbestos 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).