On July 31, the Solicitor General filed a petition for a writ of certiorari in United States v. Newman, 773 F.3d 438 (2d Cir. 2014), asking the United States Supreme Court to address the standard for insider trading in a tipper-tippee scenario. Specifically, the Solicitor General argues that the Second Circuit’s Newman decision is in conflict with the Supreme Court’s 1983 decision in Dirks v. SEC, 463 U.S. 646 (1983), and the Ninth Circuit’s recent decision in United States v. Salman, No. 14-10204 (9th Cir. July 6, 2015). Because the Supreme Court grants certiorari in nearly three out of four cases filed by the Solicitor General, the likelihood of a cert grant in Newman is particularly high.
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.