Mark Holscher - Partner

PDF Print Friendly Page
Mark Holscher

Download V-Card

Los Angeles
Phone: +1 213-680-8190
Fax: +1 213-808-8097
San Francisco
Phone: +1 415-439-1998
Fax: +1 415-439-1500
Overview News Events Publications

Professional Profile

Mark Holscher is a partner in the Firm's Los Angeles office and is a member of the Commercial Litigation Practice Group. In the last five years, Mark has obtained plaintiffs verdicts and settlements of over $1.1 billion, with multiple nine figure recoveries. Mark has also successfully defended clients against multiple claims in excess of a billion dollars. Mark’s background as a former Assistant United States Attorney coupled with his successful civil trial record has established him as a “go to” lawyer for companies and individuals facing significant litigation. Opposing counsel have described him as “bright and extremely talented” and his colleagues refer to him as an “extraordinary trial lawyer.”

As a nationally-recognized trial attorney, his achievements have been profiled in The Wall Street Journal, Bloomberg and the Los Angeles Times, as well as such prominent legal publications as the National Law Journal and The American Lawyer. Since 2008, Mark has been selected as one of the Top 100 Lawyers in California by the Daily Journal. In 2010, Mark won a $52 million jury verdict that was among the Top 100 verdicts that year, as reported by the National Law Journal and the Daily Journal. Mark has also been selected as one of Hollywood’s “Top 100 Power Lawyers.” He is consistently profiled as a leading trial lawyer in Chambers USA, U.S. News and World Report, Best Lawyers®, and the International Who's Who of Business Crime Lawyers. The Legal 500 U.S. lauded Mark as being “among the top litigators in the country.”

In 2013, Mark was selected for the second time for a California Lawyer “Attorney of the Year” award for his pro bono representation of a group of parents and the national education movement, when a California court became the first in the U.S. to verify a “parent trigger” petition to authorize parents to take control of an underperforming school in Southern California. Mark also received a California Lawyer Attorney of the Year” award in 2000 for his successful defense of Los Alamos Nuclear Scientist Wen Ho Lee against espionage charges.

Mark has acted as lead trial and appellate counsel to blue chip companies and their executives in a wide variety of securities-related cases ranging from alleged individual and corporate securities law violations, merger and acquisition and hostile takeover litigation, and fraud and breach of fiduciary duty claims.


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

  • Lead trial to Bill Ackman’s Pershing Square Capital Management in its partnership with Canadian-based Valeant Pharmaceuticals International, Inc. in their over $50 billion unsolicited offer for Botox-maker Allergan. Allergan responded by filing a lawsuit in the Central District of California, alleging violations of the federal securities laws. Subsequent to the denial of Allergan’s motion, the Allergan board accepted a higher strategic bid from another acquirer, resulting in a nearly $2.7 billion investment return to Pershing Square. Allergan then filed a First Amended Complaint. Before a motion to dismiss was filed, the parties to the lawsuit executed and filed with the Court a Joint Stipulation of Voluntary Dismissal, dismissing the action of its entirety, without costs or the payment of compensation by any party.

  • Represented Macerich in connection with Simon Property’s $16.8 billion takeover bid. A Kirkland team lead by Mark Holscher and Mike Shipley settled the matter when in response to Simon’s hostile takeover bid, Macerich approved a “poison pill” provision allowing shareholders to buy shares at a discount, diluting Simon’s potential stake. Shortly thereafter, the matter was settled and Macerich retained control of the company.

  • 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

Recognized in The Legal 500 U.S. for Commercial Litigation (2015).

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

© 2015 Kirkland & Ellis LLP