Overview
J. Max Rosen is a litigation associate in the San Francisco office of Munger, Tolles & Olson whose practice focuses on complex commercial litigation, including mass tort litigation, strategic advising, insurance and appeals.
Max has extensive experience in resolving complex high-stakes commercial litigation, including representing multiple utilities in cases arising out of wildfires. He was one of the lead members of the team that represented Hawaiian Electric in securing a historic global settlement resolving litigation related to the devastating 2023 Maui wildfires. Max has also become a go-to policy advisor to utility companies on wildfire legislation. He has represented numerous utilities in drafting and conceptualizing legislative solutions to the challenge of wildfire liability and spoken on the topic at a leading utility conference.
Max also has broad and diverse appellate experience. He has drafted merits briefs in high-stakes appeals in the U.S. Supreme Court; the U.S. Court of Appeals for the First, Fourth, Fifth, Sixth and Ninth circuits; the California Supreme Court; the California Courts of Appeal and the Missouri Supreme Court. He has argued appeals in both state and federal appellate courts, including two appeals in the California Courts of Appeal that led to published, watershed decisions in favor of his clients.
Max also has a growing insurance practice focused on representing insurers in high-stakes bad faith litigation across the United States in state and federal court, as well as representing policyholders in significant insurance disputes.
In 2024, Max was named one of the 40 Best LGBTQ+ Lawyers Under 40 by the National LGBTQ+ Bar Association. In that same year, he received the Keta Taylor Colby Award from the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area for his work representing the Coalition on Homelessness in a high-stakes California appeal.
Max sings as a baritone in the San Francisco Gay Men’s Chorus.
Capabilities
Practices
Industries
Experience
Appellate
Notable appellate representations:
A landlord in Napa in successfully winning its unlawful detainer eviction action against a corporate tenant on summary judgment and thereafter receiving an award of over $2 million in attorneys’ fees. Max briefed and argued the appeal in the California Court of Appeal, resulting in an affirmance by published opinion.
The Coalition on Homelessness in the California Court of Appeal challenging the common municipal practice of towing vehicles without a warrant on the basis of unpaid tickets. Max briefed and argued the appeal. The Court of Appeal reversed the trial court and held, in a published opinion, that such tows violate the federal and California constitutions. Max received an award from the Lawyers’ Committee for Civil Rights for his work.
Snap before the California Supreme Court in a case addressing the scope of the Stored Communications Act.
Block, Inc. (formerly Square, Inc.), before the California Supreme Court, the California Court of Appeal and California state court — ultimately resulting in the dismissal of White v. Block, an important lawsuit for numerous internet services companies facing claims of discrimination regarding their terms of service.
The petitioner in In re Grand Jury, a case in the U.S. Supreme Court addressing the standard for applying the attorney-client privilege to dual-purpose communications.
Mass Tort and Commercial Litigation
Notable trial representations:
Hawaiian Electric Industries and Hawaiian Electric Company in securing a historic settlement resolving litigation related to the devastating 2023 Maui wildfires.
Pacific Gas & Electric Company in litigation arising out of the 2021 Dixie Fire.
The Walt Disney Company in a copyright infringement suit relating to the song “Let It Go” from Disney’s “Frozen” and the “Pirates of the Caribbean” franchise.
Quotient, Inc. in successfully opposing a TRO filed in Santa Clara County Superior Court.
Checkr, Inc. in successfully settling allegations of trade secrets theft, unfair competition and breach of contract brought by Safety Holdings, Inc. over Checkr’s alleged development of a competing platform for pulling motor vehicle records. After discovering that the only trade secret identified in the complaint was publicly available online, we brought the case to a confidential settlement.
GEICO in numerous cases across the country as national coordinating counsel, including:
- Resolving a lawsuit in Nevada federal court stemming from a $65 million arbitration award issued against GEICO’s insured.
- Securing summary judgment, affirmed on appeal, in a case where a woman claimed a GEICO auto policy covered $5.2 million in damages awarded to her for contracting a sexually transmitted disease in an insured man’s car.
Strategic Advising
Hawaiian Electric Industries and Hawaiian Electric Company in drafting and advising on wildfire-related legislation.
NV Energy in an application for wildfire self-insurance from the Nevada Public Utilities Commission.
More
- The Best Lawyers in America, “Ones to Watch” List, 2026
- 40 Best LGBTQ+ Lawyers Under 40, the National LGBTQ+ Bar Association, 2024
- Pro Bono Award: Keta Taylor Colby Award, Lawyers’ Committee for Civil Rights of the San Francisco Bay Area, 2024
- Co-founder of the Yleana Leadership Academy
- Member, San Francisco Gay Men’s Chorus
Publications
- Co-author, “Attorney-Client Privilege Lessons from In re Grand Jury,” ACC Docket, December 7, 2023
Speaking Engagements
- Speaker, Western LAMPAC (Labor & Management Public Affairs Committee) Conference, April 2025 (addressing wildfire legislation)
- Speaker, 16th Annual Entertainment & Media Law Conference, National Center for the Preservation of Democracy, Jan. 17, 2020 (addressing the Supreme Court’s decision in Allen v. Cooperand sovereign immunity for states defending against copyright infringement claims)
News & Insights
Awards & Recognitions