Mark R. Yohalem

Mark R. Yohalem

Mark Yohalem is a partner at Munger, Tolles & Olson, where he focuses on complex litigation and appeals.

He has argued over 40 appeals in federal and state court, twice before en banc panels of the Ninth Circuit, and has successfully conducted jury trials involving public corruption and other federal offenses.

Mr. Yohalem previously served as the Deputy Chief of Appeals at the U.S. Attorney’s Office for the Central District of California. As a federal prosecutor, he worked on many of the U.S.A.O.’s highest profile matters, including the well-publicized dispute between Apple and the FBI regarding the unlocking of the iPhone belonging to one of the terrorists in the 2015 mass shooting in San Bernardino, California.

In 2020, Mr. Yohalem was appointed to the Los Angeles Board of Police Commissioners’ Advisory Committee on Building Trust and Equity, a group created to develop police reforms in Los Angeles. In 2018, he was named one of the Daily Journal’s “Top 40 Under 40.” He has also received commendations from the Anti-Defamation League, the Supreme Court of Thailand, the FBI, the Department of Defense, the Bureau of Alcohol, Tobacco, Firearms and Explosives, Law360 and the Federal Bar Association.

Mr. Yohalem has delivered lectures at the Supreme Court of Thailand and the U.S. Supreme Court, and he has taught appellate advocacy, cyberlaw and jury selection at the National Advocacy Center, the USC Gould School of Law, the Los Angeles U.S. Attorney’s Office and American Bar Association conferences. He currently serves as a Programming Co-Chair of the Appellate Division of the American Bar Association and regularly publishes and speaks about appellate advocacy and recent appellate decisions. Alongside his legal career, Mr. Yohalem is a prolific author. He has written stories for many award-winning computer games and has published dozens of short stories. He also penned two episodes of an animated children’s television show.

A graduate of Dartmouth College and Harvard Law School, Mr. Yohalem clerked for Justice Anthony M. Kennedy and Judge Pamela A. Rymer of the Ninth Circuit.

Experience

Representative Matters

  • Tokyo Electric Power Company (TEPCO), the fourth largest electric utility in the world, in winning complete dismissal of billion-dollar claims stemming from the Fukushima nuclear disaster, affirmed by the Ninth Circuit.
  • Johnson & Johnson in overturning a $417 million verdict against J&J and its subsidiary, winning judgment notwithstanding the verdict for J&J and a new trial without punitive damages for its subsidiary, affirmed by the California Court of Appeal.
  • Disney in winning complete dismissal of copyright infringement and implied contract claims involving Disney•Pixar’s acclaimed film Inside Out, affirmed by the Ninth Circuit.
  • Founders of Beats Electronics and Beats Music in winning demurrer and summary judgment in a billion-dollar lawsuit brought by Monster Inc. and Noel Lee, affirmed by California Court of Appeal.
  • ACF Property Management in overturning a $14.5 million verdict against ACF and its principal.
  • ITV in first overturning a preliminary injunction and restoring control of Gurney Productions to ITV, and then winning dismissal under California’s anti-SLAPP statute of claims against ITV, leading to resolution of the dispute, both victories in the California Court of Appeal.
  • Former Los Angeles City Attorney in winning complete dismissal of all State Bar disciplinary charges.
  • Various entertainment companies in copyright, First Amendment, and other litigation in the Ninth Circuit, the California Court of Appeal, and federal district court.
  • Various entities in tax appeals in the U.S. Supreme Court, the Ninth Circuit and the Utah Supreme Court in cases involving transfer pricing and other matters.

Pro Bono

Pro Bono Work and Community Service

  • Member, Los Angeles Board of Police Commissioners’ Advisory Committee on Building Trust and Equity
  • Board, Friends of the LA County Law Library
  • Extensive immigration appellate work in the Supreme Court and the Ninth Circuit, winning victories for asylum petitioners from China, Nigeria, and Mexico

Publications / Speaking Engagements