Marc Feinstein

Partner

Marc Feinstein is a partner in O’Melveny’s Los Angeles office and a member of both the Business Trial and Litigation Practice and Securities Litigation Practice.  Marc has extensive experience representing companies in high-stakes civil litigation through trial and appeals.  He is currently co-lead counsel for a major financial services company in its prosecution of a suit to recover US$800 million in lost profits as a result of being defrauded in a major corporate transaction.  Marc has a record of achieving successful results for his clients, and his practice includes disputes relating to large corporate acquisitions, shareholder class actions and derivative suits, intellectual property claims, international arbitrations, and license and contract matters.

Marc earned his B.A. from Yale with highest honors and distinction in economics.  After working in real estate syndication for two years, he obtained a joint degree in law and business from Harvard Law School and Harvard Business School.  Marc then declined an offer from the M&A division of a leading New York investment bank to follow his calling and join O’Melveny as a litigator.  Early on, he distinguished himself for his financial and accounting acumen and talent for examining adverse witnesses as well as his unflagging dedication to our clients.

Over the years, Marc has participated in several significant trial victories, including a retrial of a bet-the-company lawsuit in which O’Melveny obtained a defense verdict after another firm had lost the first trial.  He is one of the few attorneys nationwide to try a securities fraud class action.  In that trial, Marc’s cross-examination of the plaintiff’s accounting expert was so devastating that the plaintiff reduced the class settlement demand by half, leading to a favorable settlement of the action for our clients.  As a tribute, the clients presented Marc with a framed book entitled, “Ernest Ten Eyck [plaintiff’s accounting expert] & Other Expert Witnesses I’ve Destroyed on the Stand.”

Marc has experience litigating copyright infringement claims, including claims for copying or performing musical compositions, sound recordings and audiovisual works.  After five years of litigation and settlement discussions, he successfully settled one of the largest copyright class actions ever.  He has represented both plaintiffs and defendants in high profile cases involving allegations of tortious interference with business interests, and has litigated extensively in foreign countries.

Illustrative Professional Experience

• Co-lead counsel for major financial institution in prosecution of suit against foreign government and foreign companies seeking hundreds of millions of dollars in lost profits resulting from a fraudulent conspiracy to acquire an insolvent California insurance company.  Conducted trial examinations overseas of the defendants’ former CEOs.
• Co-lead counsel for world leader aerospace corporation defending damages action claiming that our client obtained a foreign military contract through wrongful acts in violation of the Foreign Corrupt Practices Act.  Co-chaired two-month trial in California Superior Court.  Briefed appeals to California Court of Appeal and California Supreme Court culminating in landmark decision limiting monetary remedies available under California Unfair Competition Law.
• Lead counsel for publicly held real estate company embroiled in disputes arising from management-led buy out.  Defended shareholder class actions and an individual suit by a jilted outside bidding group, and asserted counter-claim against outside bidding group for making fraudulent bids.  Obtained dismissal of bidding group’s key claim and then settled the rest of the case for nuisance value.
• Represented a major television network in defending a class action complaint for copyright infringement arising from the use of tens of thousands of musical compositions and sound recordings in three daytime soap operas over two decades.  Achieved a novel class settlement that successfully resolved the litigation in the face of a significant threat of opt outs.
• Represented Hollywood studio in successfully prosecuting trademark suit against defendant that unlawfully copied and distributed our client’s videocassettes of television documentary based on President Eisenhower’s memoirs of World War II.
• Represented Hollywood studio in obtaining summary judgment of copyright infringement claim related to the alleged use of plaintiff’s photograph in a popular sci-fi television series.
• Lead counsel for name brand apparel manufacturer in arbitration of contract dispute with supplier.   After arbitration hearing, obtained award rejecting all of plaintiffs’ significant claims.
• Represented major US military aircraft manufacturer in ICC arbitration brought by a Southeast Asian sovereign relating to the sale of military reconnaissance aircraft.  Handled fact investigation, briefing and witness preparation.  After arbitration hearings abroad, obtained award rejecting all of the foreign sovereign’s claims and ordering payment of our client’s attorney’s fees and costs.
• Successfully handled all accounting issues and accounting witnesses in financial statement fraud action involving publicly traded personal computer manufacturer.
• Oversaw trial preparation for defendant computer part manufacturer in shareholder class action for failing to disclose production and marketing problems.  After the court granted summary judgment as to certain of plaintiffs’ claims, persuaded the plaintiffs that their remaining claims were not worth pursuing in the face of our aggressive defense.  In an unprecedented step after close to 10 years of litigation, the plaintiffs voluntarily dismissed the action for no payment.
• Represented public company merger target in intensively fought lawsuits filed after proposed merger collapsed amidst allegations of fraud and breach of fiduciary duties.
• Lead counsel for high technology company defending action brought by customer over failure to design and implement website for managing permit requests to make movies in the Los Angeles area.
• Successfully defended semiconductor manufacturer in high profile trial against industry goliath seeking more than US$1 billion in damages for infringing the copyright in computer chips.

Professional Activities

Admitted to Practice,  All California courts; US District Court, Northern, Southern, and Central Districts of California; US District Court, District of Arizona; US Court of Appeals, Ninth Circuit
Participant,  Regularly participates in programs pertaining to jury trials, and on litigation in state and federal courts
Member,  Association of Business Trial Lawyers; Los Angeles County Bar Association 
Honors,  Named a "Super Lawyer" in a survey conducted by Law & Politics Media Inc. and published in Los Angeles magazine
Instructor,  Marc teaches an annual program on effective advocacy and has led seminars for in-house counsel on various topics including mock jury trials and document retention