Marc is Senior Counsel at Bird Marella. He represents clients at trial, in arbitration and in parallel civil/criminal investigations. His practice focuses on complex business disputes that are litigated in federal and state courts, including claims involving the False Claims Act, intellectual property, breach of contract, and commercial fraud.
REPRESENTATIVE TRIALS AND ARBITRATIONS
Marc was trial counsel for the world’s largest manufacturer of plastic pipe products in a federal False Claims Act case in which over 45 intervening states, municipalities and water districts claimed damages of over $2 billion. After a two-phase jury trial of claims brought by five bellwether plaintiffs, during which Marc cross-examined two of the five bellwether plaintiffs and a key plaintiffs’ expert witness, the court reduced the five bellwether plaintiffs’ potential damages from about $47 million to only about $2 million, and ultimately declared a mistrial after the jury deadlocked over whether plaintiffs were entitled to recover any damages at all.
Marc was co-lead trial counsel for a Silicon Valley start-up that invented cutting edge keystroke encryption software in a copyright infringement and breach of contract action against one of the world’s largest internet security companies. Marc presented direct and cross examination of several key witnesses, including the direct examination of our primary witness. After a three-week jury trial in federal court, the case settled on favorable terms right before closing arguments. The jurors were subsequently polled and indicated that they were prepared to award our client a verdict between $20 million and $40 million.
Marc was lead arbitration counsel for a prominent healthcare corporation in a case involving claims for breach of contract and fraud in connection with a $20 million reorganization and merger transaction. Following a one-week arbitration in which Marc presented the opening and closing statements, and performed direct and cross examination of all witnesses, the client received a favorable arbitral award.