Mark H. Epstein

Profile

Mark Epstein is a partner in the law firm of Munger, Tolles & Olson. His practice focuses on complex litigation matters including trials and appellate work.  

Some of Mr. Epstein’s representative matters include:

  • The defense of senior executive of a major corporation in a derivative action stemming from that executive’s tenure as president of that corporation. The matter was ultimately tried in the Delaware Chancery Court over a three-month period and was one of the longest trials in that court’s history. The court found in the executive’s favor on all counts, ruling in a 180-page opinion that the executive had acted properly in all respects. Mr. Epstein then successfully defended the judgment in the Delaware Supreme Court.
  • The successful defense of a hotel and casino owner accused of fraud and unjust enrichment surrounding a failed $1.25 billion condominium development project. The matter was tried over a five-week period and resulted in a defense verdict on all counts.
  • The successful defense of a real estate venture partner accused of fraud and misrepresentation by his partner. The matter was arbitrated over a two-week period and resulted in a defense verdict and an award of almost $1 million in attorneys fees against the plaintiff.
  • The defense of a dispute concerning the ownership and value of certain intellectual property rights.  The matter was tried over a two-week period. The plaintiff has appealed the judgment.
  • The representation of a law firm in a fee dispute/malpractice matter. The matter was arbitrated over a three-week period after which the arbitrator awarded the firm all of the fees sought, did not find any malpractice and awarded the law firm its attorneys’ fees in bringing the action.
  • The successful defense of a number of law firms accused of malpractice in various trials and arbitration proceedings.
  • The defense of a nationwide paper, packaging, and office supply distributor in a wage and hour class action.
  • The defense of a major airline in an action against it by a major financial institution involving alleged improprieties concerning the co-branding of a credit card.
  • The representation of California’s Native American Tribes in the California Supreme Court litigation challenging an initiative approving Tribal gaming.
  • The representation of a number of leading research institutions, universities, hospitals and patient advocacy organizations as amicus curiae in the trial court and California Court of Appeal in the defense of the California Stem Cell Research initiative.
  • The successful representation of pipeline company in the federal and Alaska state trial and appellate courts in a wage and hour class action.
  • The representation of the Los Angeles County Bar Association as amicus curiae in the California Court of Appeal in a matter relating to the rules governing conflicts of interest.
  • The appellate representation of a major entertainment company challenging an adverse jury verdict. The Court of Appeal (in two separate appeals) ultimately reduced the judgment by 80 percent.
  • The representation of a major investment company in post trial proceedings in the U.S. District Court and the 9th Circuit following an adverse jury verdict in which the company was found liable for fraud. The courts ultimately reduced the jury’s verdict by approximately 75 percent.
  • The representation of the Securities Investor Protection Corp. in a trial in the U.S. Bankruptcy Court and on appeal against the owners of various accounts who had engaged in short sales of stock. Mr. Epstein recovered a judgment in excess of $5 million from the short sellers, which judgment was affirmed on appeal.

Beyond his regular practice, Mr. Epstein is engaged in a number of pro bono activities. In addition to his regular pro bono matters, he currently serves on the board of directors of Public Counsel and the board of directors of the Los Angeles Education Partnership. In addition, he acts as general counsel to Coro Southern California. Mr. Epstein has also served as special counsel to the Los Angeles Police Commission and was deputy general counsel to the Independent Commission on the Los Angeles Police Department (“Christopher Commission”).  He has also taught appellate practice as an adjunct professor at Loyola Law School.

Mr. Epstein received his undergraduate degree in Political Science from the UCLA in 1981, and his J.D. degree from the UC Berkeley in 1985. Mr. Epstein also graduated from the Coro Fellows Program (Los Angeles) in 1982. Prior to beginning his practice at Munger Tolles, Mr. Epstein served as a judicial clerk to the Honorable Stanley A. Weigel, U.S District Judge for the Northern District of California, the Honorable Edward A. Panelli, associate justice of the California Supreme Court and the Honorable William J. Brennan, Jr., Associate Justice of the U.S. Supreme Court.

 

Mark Epstein is a partner in the law firm of Munger, Tolles & Olson. His practice focuses on complex litigation matters including trials and appellate work.  

Some of Mr. Epstein’s representative matters include:

  • The defense of senior executive of a major corporation in a derivative action stemming from that executive’s tenure as president of that corporation. The matter was ultimately tried in the Delaware Chancery Court over a three-month period and was one of the longest trials in that court’s history. The court found in the executive’s favor on all counts, ruling in a 180-page opinion that the executive had acted properly in all respects. Mr. Epstein then successfully defended the judgment in the Delaware Supreme Court.
  • The successful defense of a hotel and casino owner accused of fraud and unjust enrichment surrounding a failed $1.25 billion condominium development project. The matter was tried over a five-week period and resulted in a defense verdict on all counts.
  • The successful defense of a real estate venture partner accused of fraud and misrepresentation by his partner. The matter was arbitrated over a two-week period and resulted in a defense verdict and an award of almost $1 million in attorneys fees against the plaintiff.
  • The defense of a dispute concerning the ownership and value of certain intellectual property rights.  The matter was tried over a two-week period. The plaintiff has appealed the judgment.
  • The representation of a law firm in a fee dispute/malpractice matter. The matter was arbitrated over a three-week period after which the arbitrator awarded the firm all of the fees sought, did not find any malpractice and awarded the law firm its attorneys’ fees in bringing the action.
  • The successful defense of a number of law firms accused of malpractice in various trials and arbitration proceedings.
  • The defense of a nationwide paper, packaging, and office supply distributor in a wage and hour class action.
  • The defense of a major airline in an action against it by a major financial institution involving alleged improprieties concerning the co-branding of a credit card.
  • The representation of California’s Native American Tribes in the California Supreme Court litigation challenging an initiative approving Tribal gaming.
  • The representation of a number of leading research institutions, universities, hospitals and patient advocacy organizations as amicus curiae in the trial court and California Court of Appeal in the defense of the California Stem Cell Research initiative.
  • The successful representation of pipeline company in the federal and Alaska state trial and appellate courts in a wage and hour class action.
  • The representation of the Los Angeles County Bar Association as amicus curiae in the California Court of Appeal in a matter relating to the rules governing conflicts of interest.
  • The appellate representation of a major entertainment company challenging an adverse jury verdict. The Court of Appeal (in two separate appeals) ultimately reduced the judgment by 80 percent.
  • The representation of a major investment company in post trial proceedings in the U.S. District Court and the 9th Circuit following an adverse jury verdict in which the company was found liable for fraud. The courts ultimately reduced the jury’s verdict by approximately 75 percent.
  • The representation of the Securities Investor Protection Corp. in a trial in the U.S. Bankruptcy Court and on appeal against the owners of various accounts who had engaged in short sales of stock. Mr. Epstein recovered a judgment in excess of $5 million from the short sellers, which judgment was affirmed on appeal.

Beyond his regular practice, Mr. Epstein is engaged in a number of pro bono activities. In addition to his regular pro bono matters, he currently serves on the board of directors of Public Counsel and the board of directors of the Los Angeles Education Partnership. In addition, he acts as general counsel to Coro Southern California. Mr. Epstein has also served as special counsel to the Los Angeles Police Commission and was deputy general counsel to the Independent Commission on the Los Angeles Police Department (“Christopher Commission”).  He has also taught appellate practice as an adjunct professor at Loyola Law School.

Mr. Epstein received his undergraduate degree in Political Science from the UCLA in 1981, and his J.D. degree from the UC Berkeley in 1985. Mr. Epstein also graduated from the Coro Fellows Program (Los Angeles) in 1982. Prior to beginning his practice at Munger Tolles, Mr. Epstein served as a judicial clerk to the Honorable Stanley A. Weigel, U.S District Judge for the Northern District of California, the Honorable Edward A. Panelli, associate justice of the California Supreme Court and the Honorable William J. Brennan, Jr., Associate Justice of the U.S. Supreme Court.