Mark Yohalem is of counsel with Munger, Tolles & Olson. His practice is focused on complex litigation and appeals.
Mr. Yohalem joined Munger Tolles in 2016, having served most recently as the Deputy Chief of Appeals at the U.S. Attorney’s Office for the Central District of California, where he argued more than 30 appeals, twice before en banc panels. In addition, he tried cases before juries, including a public corruption case involving attempted extortion and the threat of perjured grand jury testimony.
During his seven-year tenure as a federal prosecutor, Mr. Yohalem worked on some of the highest profile matters in the U.S. Attorney’s Office, including the well-publicized dispute between Apple and the FBI regarding the unlocking of the phone belonging to one of the terrorists in the 2015 mass shooting in San Bernardino, California. He wrote and revised hundreds of appellate briefs, including successful petitions for rehearing and rehearing en banc. Mr. Yohalem assisted with a petition for writ of certiorari and the ensuing U.S. Supreme Court argument, and he routinely advised the U.S. Attorney, division and section chiefs and trial teams facing appellate and district court crises, such as claims of government misconduct. In addition, he persuaded the Ninth Circuit Jury Instructions Committee to change several model instructions.
Mr. Yohalem has delivered lectures at the Supreme Court of Thailand and the U.S. Supreme Court, and he has taught courses on appellate advocacy, jury selection and sentencing at the National Advocacy Center and the U.S. Attorney’s Office. In recognition of his work, Mr. Yohalem has earned various commendations from the FBI, the Department of Defense, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Federal Bar Association.
Prior to joining the U.S. Attorney’s Office in 2009, Mr. Yohalem worked as an associate at Munger Tolles focused on appellate and other litigation matters.
In addition to his legal career, Mr. Yohalem is a prolific author and has written stories for eight award-winning computer games and has published dozens of short stories. He also penned two episodes of an animated children’s television show.
Mr. Yohalem clerked for Justice Anthony M. Kennedy of the U.S. Supreme Court and Judge Pamela A. Rymer of the U.S. Court of Appeals for the Ninth Circuit. Mr. Yohalem received his bachelor of arts in government, magna cum laude, from Dartmouth College, where he was elected to Phi Beta Kappa and named a Rufus Choate Scholar. He earned his juris doctor, magna cum laude, from Harvard Law School, where he served as notes editor and Developments in the Law chair of the Harvard Law Review.