Mark C. Holscher, P.C.

Securities Litigation

• Obtained dismissal for Wynn Resorts and its directors and officers in a putative securities class action arising from a stock drop following the disclosure of the former CEO's alleged sexual misconduct.

• Secured dismissal of a federal criminal indictment of a President of a Southern California mortgage company in an alleged federal insider trading scheme connection with a bankruptcy fraud proceeding arising out of the company’s failure.

• Lead trial counsel 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 a Joint Stipulation of Voluntary Dismissal, dismissing the action of its entirety, without costs or the payment of compensation by any party.

• Lead counsel to Macerich in connection with Simon Property’s $16.8 billion takeover bid. In response to Simon’s hostile takeover bid, Macerich approved a “poison pill” provision allowing shareholders to purchase shares at a discount, diluting Simon’s potential stake. Shortly thereafter, the matter was settled and Macerich retained control of the company.

• 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.

Government, Regulatory & Internal Investigations

• Obtained dismissal of a federal indictment of a tech entrepreneur and CEO of a well-known software company charged with a $98 million fraud and bribery scheme arising out of the sale of the company. After several presentations to the United States Attorney’s Office for the Central District of California, the government dismissed the indictment with prejudice.

• Defended Wynn Resorts and its affiliates in a lawsuit alleging RICO and state consumer protection violations in connection with Massachusetts' only gaming license. Won dismissal in 2019. Affirmed on appeal in 2021.

• Member of pre-trial team representing a Chinese real estate billionaire, in an on-going criminal case filed by the DOJ alleging conspiracy to violate the Foreign Corrupt Practices Act (FCPA), violations of the FCPA, bribery and money laundering.

• Represented BP affiliate, BP West Coast Products, in regulatory litigation relating to an alleged multimillion dollar violation of the California Air Resources Board (CARB) reformulated fuels regulation. The case was the first CARB fuels enforcement action to go to trial in almost thirty years and the first after recent statutory changes requiring CARB to act in a more transparent fashion in issuing regulatory penalties.

• Represented the CEO and owner of defense contractor charged in federal district court of Arizona on government contract related fraud charges. The government indicted multiple defendants. After making several presentations to prosecutors, obtained a dismissal with prejudice of all charges. The other charged defendants were later convicted.

• Represented an electronic payments solutions provider in an FTC investigation regarding payment processing practices. Favorable settlement secured.

• Represented the largest Portuguese telecommunications company in and SEC investigation regarding its collapse. Successful negotiated a favorable settlement with the SEC.

Complex Commercial Litigation

• Represented Wynn Resorts, Ltd. and its CEO in a RICO lawsuit alleging a long-running racketeering scheme in which the defendants conspired to bribe a federal judge in order to harm the plaintiff. In 2021, Kirkland won full dismissal.

• Representing Toll Brothers and its subsidiary, Porter Ranch Development Co., in litigation alleging malfeasance regarding the 2015 Aliso Canyon gas leak, the largest leak of natural gas in U.S. history.

• Representing Ovation Finance Holdings 2 LLC, Ovation Fund Management II, LLC and Banc of California in a fraud lawsuit arising from defendants' acts of fraud in connection with their facilitation of a roughly $200 million Ponzi scheme.

• Representing a family-owned, international conglomerate in litigation regarding the distributions from an estate and alleged fraud, violations of the Racketeer Influenced and Corrupt Organizations Act (RICO), breach of contract and breach of fiduciary duty.

• Represented Altamont Capital and its portfolio company Hybrid Industries, Inc. in an action alleging fraud and a cross-complaint for breach of fiduciary duty and trade secret violations in connection with an unconsummated merger. Following the dismissal, Kirkland obtained a successful settlement.

• Represented Evelozcity in an unfair competition and trade secret litigation brought by Faraday&Future Inc., related to artificial intelligence electric vehicle technologies. The matter involved actions in the Central District of California, California State Court, as well as JAMS arbitration. The matters settled for less and a fraction of the amount sought.

• Represented LifeLock in false advertising, trademark and unfair competition litigation against private parties and in consumer protection litigation against the FTC.

• 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.

Entertainment & Media Litigation

• Represented Sydney Holland in a $150 million civil action brought by Sumner Redstone, the former Executive Chairman of Viacom Inc. and CBS Corporation, which alleged claims of elder abuse, breach of fiduciary duty and fraud. Kirkland negotiated a settlement for Ms. Holland resulting in dismissal of all claims by and against Ms. Holland with prejudice.

• Represented The Veritas Trust (for the benefit of entertainer Cher) in an action against Cher’s former business manager for breach of contract, breach of fiduciary duty, fraud and other allegations related to significant investments made by the Trust.

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

• 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, 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 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 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.

Before joining Kirkland, Mark served as an Assistant United States Attorney in the United States Attorney's Office for the Central District of California from 1989 to 1995 and thereafter practiced at O'Melveny & Myers LLP for 12 years.

Represented a group of families with children enrolled in Los Angeles Unified School District (LAUSD) in a civil rights class action alleging that the District adopted and implemented distance learning policies during COVID-19 school closures that violated the constitutional and statutory rights of its students. Secured decision reversing adverse ruling. Plaintiffs’ constitutional claims for both intra-district and inter-district discrimination reinstated. Historic settlement achieved. The Kirkland team was honored by the Daily Journal with a “California Lawyer Attorneys of the Year” (CLAY) award for the third time in 2026.

Mark served as lead pro bono counsel to the Desert Trails Parent Union in the nation's first successful invocation of California's Parent Empowerment Act — commonly known as the "parent trigger" law. The matter put Kirkland at the center of a landmark national education reform battle and established precedents that have since shaped parent empowerment litigation across the country. Mark was award with a “California Lawyer Attorneys of the Year” (CLAY) award by the Daily Journal for the second time in 2013.

Represented Los Alamos National Laboratory nuclear scientist Wen Ho Lee, who was charged with providing U.S. nuclear secrets to China. Mr. Lee was remanded to pre-trial solitary confinement and faced 39 counts of life in prison based on false allegations that he had provided U.S. nuclear secrets to China. Mr. Lee was targeted by a team of dozens of federal agents and prosecutors. The national press initially falsely branded Mr. Lee as a traitor and spy. Obtained dismissal of all but a reduced charge for technical violation of mishandling classified information. Obtained immediate release of Mr. Lee for time served. The U.S. District Judge presiding over the criminal matter referred to the defense as an “outstanding” defense that had “turned a battleship in this case.” Mark received a California Lawyer Attorneys of the Year (CLAY) award in 2000 for his successful defense of Mr. Lee.