Marc R. Shapiro

Partner

New York

mrshapiro@orrick.com

Read full biography at www.orrick.com
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, multidistrict litigation, and mass joinders. Among Marc’s current engagements, he represents PayPal in a series of consumer and influencer class actions relating to its Honey browser extension; 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; multiple companies in session replay and pixel-related privacy class actions; Walmart in a class action relating to its vetting of allegedly fraudulent sellers on Walmart Marketplace; Microsoft in AI copyright-related class actions concerning training of OpenAI's large language models; SeeTickets and viagogo in multiple fee transparency and drip pricing class actions; Gilead in a consumer protection class action pertaining to timing and introduction of its HIV medicines; and Supergoop! in a false advertising class action pertaining to SPF content and labeling of sunscreen.

Recently, Marc prevailed at summary judgment on behalf of University of Washington in a pandemic-related class action seeking refunds of tuition and fees on behalf of students; successfully resolved a gender discrimination class on behalf of Goldman Sachs; obtained dismissal of a data privacy class action against ZoomInfo Technologies LLC alleging unlawful disclosure of personal information; secured dismissal of over a dozen COVID-related class actions against the University of California; obtained successful resolution of multiple data breach class actions; and defeated class certification on behalf of Microsoft in a gender discrimination class action.

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.

Posts by: Marc Shapiro

Supreme Court Issues Two Decisions That Limit Access to Federal Courts

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On May 16, 2016, the United States Supreme Court handed down two decisions that may, in practice, limit the ability to access federal district courts.  In Spokeo, Inc. v. Robins, No. 13-1339, 578 U.S. ___ (2016), the Supreme Court rejected the Ninth Circuit’s conclusion that statutory violations are per se sufficient to confer Article III standing, and, in Merrill Lynch, Pierce, Fenner & Smith Inc. v. Manning, No. 14-1132, 578 U.S. ___ (2016), the Court concluded that jurisdiction under Section 27 of the Securities and Exchange Act (Exchange Act) is limited to suits brought under the Exchange Act and state law claims that turn on the plaintiff’s ability to prove the violation of a federal duty.

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BREAKING NEWS: Supreme Court Declines to Address the Constitutionality of Securities and Exchange Administrative Forum

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On March 28, 2016, the Supreme Court denied a petition for certiorari review brought by Laurie Bebo, the former CEO of Assisted Living Concepts Inc., who challenged the constitutionality of proceedings conducted in an SEC administrative tribunal.  Although the Court denied review, there are many more cases like it winding their way through the federal system, and in the likely event a split develops among the circuits, the Supreme Court may be inclined to address the issue, especially given the amount of attention the issue has received.  Indeed, Bebo’s petition itself attracted the notice of celebrity entrepreneur Mark Cuban, who filed an amicus brief in her case arguing that the SEC’s administrative tribunal is a “farce” and unconstitutional.

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United States Supreme Court Poised to Address Standard for Insider Trading Following Second Circuit’s Decision in United States v. Newman

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​Today, 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.

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