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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 Complex Litigation and Dispute Resolution Group as well as the Supreme Court and Appellate Practice Group.

Marc represents clients in federal and state court at the trial and appellate levels with a particular focus on class actions, multi-district litigation, and mass joinders. Among Marc’s current engagements, he represents Johns Hopkins University and Teachers Insurance and Annuity Association of America in over a dozen class actions arising out of a data breach of the MOVEit file transfer software; University of Washington in a pandemic-related class action seeking refunds of tuition and fees on behalf of students; ZoomInfo Technologies LLC in a data privacy class action alleging unlawful disclosure of personal information under federal and state laws; Goldman Sachs in a pay and promotion gender discrimination class action; NCAA in concussion and injury-related cases throughout the country; Marathon Oil Corporation in nationwide climate change litigation; and multiple foreign defendants in a class action arising out of allegedly defective drywall.

Recently, Marc successfully prevailed at trial before the Delaware Chancery Court and earned Litigator of the Week recognition by Law.com for defeating claims by Netflix star Julia Haart that she owns half the shares of Elite World Group; secured dismissal of a dozen class actions against the University of California and Santa Clara University brought by students seeking refunds of tuition and fees due to COVID-driven transition to remote instruction; and defeated class certification and secured affirmance on appeal by the Ninth Circuit in an employment discrimination class action against Microsoft.

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:

    • MOVEit Data Breach Class Actions: Represent Johns Hopkins University, Johns Hopkins Health System Corp., and Teachers Insurance and Annuity Association of America America in nearly two dozen class actions arising out of a data breach of the MOVEit file transfer software (D. Md.; Baltimore City Ct., MD; SDNY).
    • COVID-19 Class Actions: Secured dismissal of a dozen class actions against the University of California and Santa Clara University, including claims under California’s UCL, brought by students seeking refunds of tuition and fees due to COVID-induced transition to remote instruction (N.D. Cal.; LA Superior Ct., CA). Represent University of Washington in a pandemic-related class action seeking refunds of tuition and fees on behalf of students (King County Cir. Ct., WA).
    • Wysocki v. ZoomInfo Technologies LLC: Represent ZoomInfo Technologies LLC in a data privacy class action alleging unlawful disclosure of personal information under federal and state laws (W.D. Wa.).
    • Chen-Oster v. Goldman Sachs: Following class certification, retained by Goldman Sachs to defend the company at trial in a pay and promotion gender discrimination class action (SDNY).
    • Haart v. Scaglia: Prevailed at trial and earned Litigator of the Week recognition by Law.com for defeating claims by Netflix star Julia Haart that she owns half the shares of Elite World Group (Delaware Chancery Ct).
    • Knight v. Deloitte & Touche: Secured favorable resolution of pay and promotion, gender discrimination class action (SDNY).
    • Brandmeyer v. Regents of Univ. of Cal.: Secured dismissal on immunity grounds of two class actions brought in federal court by students seeking tuition and fee refunds (N.D. Cal.).
    • 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).
    • Kirtsaeng 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).