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24248

Practice:

  • Technology & Innovation Sector
  • Employment Law & Litigation
  • Wage and Hour
  • Discrimination, Harassment & Retaliation
  • ERISA & Benefits Litigation

Joseph Liburt Partner

Silicon Valley

Clients turn to Joe again and again as a creative problem solver and trusted advisor in helping them achieve their goals quickly and efficiently.

For example, in a wage class action for Sears, Joe quarterbacked an unusual strategy to dismiss the case. The team discovered that the plaintiff had filed for bankruptcy, and filed a motion to dismiss because the plaintiff no longer owned the lawsuit, the bankruptcy trustee did. But the plaintiff argued he might re-acquire the lawsuit in bankruptcy court, and the district court allowed him to try. In the bankruptcy court, Joe had Sears buy the lawsuit (an asset of the plaintiff’s bankruptcy estate) for a nominal amount, and then returned to the district court where Sears, now the owner of the class action against itself, dismissed the case with prejudice.

In Pao v. Kleiner Perkins, the high-stakes gender discrimination and retaliation case that garnered intense national scrutiny, Joe led the trial team's work on jury instructions and expert witnesses.

Joe is praised by clients, co-counsel and colleagues for his collaborative approach and ability to bring out the best work from the team.

Catherine Malone Senior Associate

Orange County

Catherine represents individuals and companies across a broad range of industries in criminal, civil, and regulatory matters in federal and state court, and in investigations brought by the U.S. Department of Justice and U.S. Securities and Exchange Commission. She also maintains a robust pro bono practice.

Prior to joining Orrick, Catherine served as a law clerk to the Honorable Joel M. Carson of the United States Court of Appeals for the Tenth Circuit and the Honorable James A. Parker of the United States District Court for the District of New Mexico. Before law school, she worked in business advisory services at a public accounting firm in New York City.

309001

Practice:

  • Intellectual Property

David R. Medina Senior Associate

Los Angeles

David develops strategies to protect his client’s bold innovations, whether assisting one of the world's leading technology companies, or a mobile gaming start-up. He offers intellectual property counseling and litigation, including patent, copyright, trademark and trade secret matters.

Before joining Orrick, David served as a law clerk to the Honorable Nora Barry Fischer in the United States District Court for the Western District of Pennsylvania. Prior to his clerkship, David served as a full-time extern to the Honorable Kathleen O'Malley at the United States Court of Appeals for the Federal Circuit.

David also spent a year working in-house for Panasonic Corporation, stationed near Panasonic's Osaka, Japan headquarters.

Practice:

  • Supreme Court and Appellate
  • Patent & Intellectual Property Rights Appeals

Libby Moulton Partner

San Francisco; Silicon Valley

Libby joins trial teams – both within and outside of Orrick – and takes the role of legal strategist and brief writer. Before trial, Libby develops strategies for raising and preserving legal issues, especially Daubert issues and dispositive motions. At trial, Libby handles the charge conference, Rule 50(a) or directed verdict motions, and pocket briefing as needed. After trial, she manages the post-trial briefing and transitions the case to appeal. 

More than half of Libby's cases involve co-counsel outside of Orrick, where she quickly develops productive and collaborative relationships with outside litigation teams. She has experience in trial courts in Delaware, Texas, California (state and federal), Massachusetts, and the ITC.

In addition to her trial work, Libby maintains a robust appellate practice. Libby leads appellate briefing and has presented oral arguments in the Federal Circuit, Ninth Circuit, and New York Appellate Division. She has also represented clients in appeals to the Sixth Circuit, DC Circuit, California Court of Appeal, and US Supreme Court.

Libby also has an active pro bono practice, including representing the Arizona Federal Public Defender’s Office in an ongoing administrative challenge to capital habeas proceedings.

Prior to joining Orrick, Libby served as a law clerk to Judge Raymond C. Clevenger III of the United States Court of Appeals for the Federal Circuit and to Judge Ronald M. Whyte of the United States District Court for the Northern District of California. Before law school, Libby was a patent examiner in the medical device area at the United States Patent and Trademark Office.

740

Practice:

  • Trademark, Copyright & Media
  • Trade Secrets Litigation
  • Intellectual Property

Nathan Shaffer Partner

San Francisco

Nathan represents leading technology companies and achieves results in cases where their most valuable assets are on the line. Nathan’s practice includes federal and state court litigation with an equal split between plaintiff and defense-side representations. He has obtained multiple preliminary injunctions for his clients, won dispositive motions, and represented his clients on appeal.

Nathan focuses on issues at the intersection of high technology and intellectual property law. He regularly represents and counsels clients in disputes involving software licensing, emerging aspects of trademark and copyright law, IP ownership, disputes involving technology products and IP, and open-source licensing.

As a trade secret litigator, Nathan has protected his clients’ intellectual property in fast-paced scenarios involving emergency forensic investigations followed closely by obtaining temporary restraining orders and injunctions.

Prior to joining Orrick, Nathan served as a law clerk to Judge Dorothy W. Nelson of the U.S. Court of Appeals for the Ninth Circuit and Judge John A. Mendez of the Eastern District of California.

269234

Practice:

  • Finance Sector
  • Class Action Defense
  • Mass Torts & Product Liability
  • Financial Services Litigation
  • Trials
  • Supreme Court and Appellate
  • Complex Litigation & Dispute Resolution

Marc R. Shapiro Partner

New York

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.