Mark Holscher - Partner

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Mark Holscher

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Los Angeles
Phone: +1 213-680-8190
Fax: +1 213-808-8097
San Francisco
Phone: +1 415-439-1998
Fax: +1 415-439-1500
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Professional Profile

Mark Holscher is a nationally-recognized trial attorney. He is consistently recognized by Chambers USA, Best Lawyers in America, and the International Who's Who of Business Crime Lawyers. Since 2008, Mark has been selected every year as one of the “Top 100 Lawyers” in California by the Daily Journal. He has also been selected as one of Hollywood’s “Top 100 Power Lawyers.” His work has been profiled in The Wall Street Journal, Bloomberg, Los Angeles Times, the National Law Journal and The American Lawyer.

Mark’s background as a former Assistant United States Attorney coupled with his successful civil trial record has established him as a leading lawyer for companies and individuals facing significant litigation. Chambers USA ranks Mark as a “Tier One” Criminal Defense lawyer, remarking that opposing counsel have described him as “bright and extremely talented” and an “extraordinary trial lawyer.” In the last four years, Mark has obtained plaintiffs verdicts and settlements of over $750 million, with multiple nine figure recoveries. Mark has also successfully defended clients against claims in excess of a billion dollars.

Over the past decade, Mark has conducted numerous internal investigations and acted as lead trial and appellate counsel for blue chip companies and individuals in parallel civil and criminal matters brought by the SEC, DOJ and other regulatory agencies involving alleged violations of securities, environmental, Foreign Corrupt Practice Act, tax and other laws. His complex civil litigation experience includes breach of fiduciary duty, fraud, unfair competition, securities and trade secret cases.

Mark also has extensive experience in litigation involving the entertainment industry. He is currently representing banks, private equity funds and hedge funds, and studios in several profit participation disputes including slate financing agreements. The Hollywood Reporter has recognized Mark for his experience in this area.

The California Lawyer has selected Mark twice as “Attorney of the Year” for his pro bono representations. In 2013, Mark was selected for his representation of the first group of parents in the country to obtain court orders forcing a school district to implement a “parent trigger” petition empowering them to take control of an underperforming school. Mark also received an “Attorney of the Year” award in 2000, for his successful defense of Los Alamos Nuclear Scientist Wen Ho Lee, against espionage charges.


Representative Matters

Government, Regulatory & Internal Investigations

  • Lead counsel for multiple companies and individuals in FCPA investigations.

  • Represented a leading resort company in connection with an investigation involving alleged violations of federal banking laws.

  • Represented a world-wide investment management company in connection with an SEC investigation regarding possible insider trading.

  • Represented pharmaceutical, biotechnology and medical device companies and other healthcare institutions, providers and executives in healthcare fraud investigations conducted by federal and state enforcement agencies involving allegations of off-label promotion, improper sales and marketing practices, pricing issues and alleged violations of the Anti-Kickback Statute and False Claims Act.

  • Lead trial counsel for an individual indicted on insider trading and tender offer fraud charges along with a former all-star baseball player and a prominent California attorney. In 2013, obtained a post-indictment dismissal of the charges.

  • Lead counsel for a former managing director of Countrywide Financial in an SEC enforcement investigation arising out out of the 2008 subprime and financial crisis. Our client was the only individual the SEC declined to bring charges against. All other officers were charged by the SEC with securities fraud.

  • Co-lead counsel for BP Products North America, Inc., in multiple cases including a criminal environmental proceeding resulting from an explosion and linked fatalities at the U.S.'s third largest refinery.

Complex Commercial Litigation

  • Trial counsel to industrial and chemical companies in product liability and environmental liability and wrongful death litigation.

  • Lead plaintiff's counsel for a multi-national insurance company which sought hundreds of millions of dollars from a company that fraudulently outbid our client for an insurance company. Led and developed the defrauded bidder complaint and case starting in 2006. Co-lead trial counsel. Client obtained a $236 million recovery on the eve of trial in 2012.

  • Lead counsel for a Société Générale Board member and largest shareholder of Société Générale stock in U.S. securities class actions and a parallel civil French regulatory trial proceeding, arising out of false insider trading allegations. Won a complete dismissal of all U.S. securities cases and full exoneration in the French regulatory proceedings.

  • Lead counsel for the founder and former CEO of a major California subprime mortgage company in a bankruptcy action for fraudulent conveyance and breach of fiduciary duties related to the lender's failure.

  • Lead counsel for Raytheon Corporation in an action brought by Northrop Grumman Overseas Services Corporation alleging breach of contract over electronic warfare equipment development for use in the F-16 fighter aircraft.

  • Lead counsel for IMG Worldwide, Inc., in a trade secret litigation against a former IMG sports agent for breach of confidentiality, non-solicitation and misappropriation of trade secrets. The case was profiled in The Wall Street Journal, the Los Angeles Times, and the Sports Business Journal.

  • Lead trial counsel for a software company in a software piracy case against a foreign telecommunications company. Case settled on the eve of trial.

Entertainment & Media Litigation

  • Representing Goldcrest Film Distribution Limited in a profit participation dispute against Summit Distribution involving the successful Twilight movie.

  • Lead trial counsel for actor-producer Don Johnson in a breach of contract jury trial. Won a $52 million jury verdict including pre-judgment interest. The verdict was recognized as one of the Top 100 verdicts of 2010, by the Daily Journal and the National Law Journal.

  • Lead counsel for Hollywood producer Mark Burnett (creator of Survivor, The Apprentice and Celebrity Apprentice) in a breach of contract and ownership dispute involving his production company.

  • Lead counsel for private equity fund Melrose Investors 2 LP, in a breach of contract action to recover profits related to its $375 million film financing investment in 29 films produced by Paramount.

  • Lead counsel for Jemella Group (Lion Capital) in connection with a breach of contract dispute involving pop singer Katy Perry and her company, Killer Queen, LLC, related to an endorsement agreement with international hair product company, GHD.

  • Settled a long-running dispute on the eve of trial, after being brought in as trial counsel, for the creator of "American Idol," 19 Entertainment and dick clark productions, inc., in a case alleging idea theft over the reality television hit "So You Think You Can Dance."

  • Lead counsel for multiple investors and studios in profit participation disputes including slate financing agreements.


Memberships & Affiliations

2013 – Appellate Lawyer Representative Ninth Circuit Court of Appeals

Fellow, International Academy of Trial Lawyers

2010 - Board of Governors, Association of Business Trial Lawyers

Vice Chair, American Bar Association, National White Collar Crime Committee

American Bar Association, West Coast White Collar Crime Committee


Other Distinctions

Civic or Charitable Activities:

Recipient, Asian American Legal Defense Fund, Justice In Action Award; Organization of Chinese Americans, Political Advancement Award; American Jewish Congress, Zedek Award for Enhancing Justice; National Asian Pacific American Bar Association (NAPABA), Distinguished Service Award; Orange County Asian American Bar Association, 2001 Distinguished Service Award


Seminars

Speaker, various conferences on White Collar Crime, including the national ABA White Collar Criminal Conference


Prior Experience

O'Melveny & Myers LLP, 1995-2007

Assistant United States Attorney, United States Attorney's Office, Central District of California, 1989-1995

Courts

1989, USDC Central District of California

1989, Ninth Circuit Court of Appeals

1997, USDC Middle District of Florida

1997, Eleventh Circuit Court of Appeals

1999, USDC District of Arizona

2000, Tenth Circuit Court of Appeals

2004, USDC Southern District of California

2006, Fifth Circuit Court of Appeals

2007, USDC Southern District of Texas

2008, USDC Southern District of New York

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