Overview
Mark Neubauer is a trial lawyer who defends companies and their executives in high-stakes commercial litigation in state and federal courts, in arbitration, and on appeal. Over nearly five decades of practice, he has tried many jury and bench cases to verdict. He handles matters from the pleadings stage through trial and appeal, and is frequently called on to lead cases with significant financial and reputational stakes.
Mark's practice includes defending national class actions, complex commercial disputes, and employment matters for some of the world's best-known companies. In national class actions alleging false advertising of a leading over-the-counter pain reliever, he defeated the claims on federal preemption grounds. The ruling was affirmed in the first appellate decision to address preemption of that type of claim. He has also won dismissal of a data breach class action for lack of standing, and enforced a class action waiver to dismiss all class claims against a national restaurant group. In the Tribune Co. litigation, the largest fraudulent conveyance case ever brought, with more than 5,000 defendants, Mark served on the defense executive committee as one of three representatives of the individual shareholders. The defense prevailed at the Second Circuit, and the U.S. Supreme Court declined review.
At trial, Mark has obtained defense verdicts in cases with eight-figure exposure. After being retained on short notice to try a $49 million bad faith claim, he won a jury verdict following a three-week trial in San Francisco. The co-defendants had settled for $35 million combined, while his client paid nothing and was awarded its costs. He later won a complete defense verdict after a bench trial in a dispute over more than $42 million in defense costs. He also won a unanimous jury verdict in one of the few financial elder abuse cases ever tried in California, where the plaintiff sought more than $20 million in damages. As longtime employment counsel to a global health care company and its subsidiaries, he won a federal jury verdict in a wrongful termination case, which the Los Angeles Daily Journal named one of the top defense verdicts of the year in California.
Mark has resolved many significant matters before trial as well. These include summary judgment against a claim for indemnification of a $77.5 million qui tam settlement, which the Ninth Circuit affirmed, and the dismissal of a claim seeking coverage for a $42 million whistleblower settlement. On appeal, he has won a series of published decisions, including landmark rulings on California's anti-SLAPP statute and on lis pendens.
Mark has devoted significant pro bono time to impact litigation that has produced lasting reforms for underserved communities in California. He was part of the team that filed Cruz v. California, a class action alleging that underperforming California schools enrolled low-income students in classes with no educational value, which kept them from earning the credits needed to graduate on time. The case led to a court order requiring immediate reform, a settlement with the students, and the passage of Assembly Bill 1012, which bars these so-called fake classes. His pro bono work, including a class action involving Rancho Los Amigos Hospital, has earned him two ACLU awards and Public Counsel's Pro Bono Award for Impact Litigation.
"Mark is aggressive when he needs to be, and he gets great results for the company. He's very responsive. He is relentless in getting you what you need."
Experience
Obtained a 10–2 defense verdict for an insurer after a three-week jury trial on a $49 million excess bad faith claim, after being retained on short notice to lead the defense. The jury found that the plaintiffs failed to report the claim. The co-defendants settled for $35 million combined, while the client paid nothing and was awarded more than $100,000 in costs.
Played a key role in a $42 million-plus coverage dispute for an insurer over defense costs tied to the criminal prosecution of the insured's chairman. After a two-week bench trial, the court issued a complete defense verdict. Other insurers settled for millions, while the client paid nothing.
Defeated national class action claims that an over-the-counter pain reliever was falsely advertised as providing faster relief, by establishing federal preemption of the state law claims. The result was affirmed on appeal in the first appellate decision to address preemption of this type of claim.
As lead defense counsel, won dismissal of a data breach class action against a reproductive tissue bank for lack of standing.
Won summary judgment for a carrier against a claim for insurance coverage and indemnification of a $77.5 million settlement of a qui tam action under California's False Claims Act. The judgment was upheld on appeal to the U.S. Court of Appeals for the Ninth Circuit.
Won dismissal without leave to amend of a hospital's claim for coverage of a $42 million False Claims Act settlement. The court held that coverage was barred because the hospital gave untimely notice of the claims to its insurer.
Served on the defense executive committee, as one of three representatives of the individual shareholders, in the largest fraudulent conveyance class action ever brought. The case arose from a media company's leveraged buyout and involved more than 5,000 defendants. Also won dismissal for a client sued as an officer and director of a subsidiary, the only subsidiary officer or director to prevail on the merits. The Second Circuit affirmed dismissal of the intentional fraud claims against the shareholders, and the U.S. Supreme Court declined review.
Won dismissal of all class action claims against two national restaurant chains, eliminating any class damages and leaving the plaintiff's individual claim at $1,000 or less. The lawsuit alleged violations of the Fair Credit Reporting Act, California's Investigative Consumer Reporting Agencies Act, and California's Unfair Competition Law. It was dismissed with prejudice on enforcement of a class action waiver in the arbitration agreement.
Obtained a unanimous defense verdict after a monthlong jury trial in one of the few financial elder abuse cases ever tried to a jury in California. The plaintiff sought more than $20 million in damages related to the sale of approximately $500,000 in annuities.
Obtained a defense verdict after a seven-day federal jury trial on a former senior recruiter's claims that he was wrongfully terminated for complaining about hiring practices. He sought lost wages, emotional distress damages, and punitive damages.
Won dismissal under California's anti-SLAPP statute of a malicious prosecution action against a luxury goods company, and the client was awarded its attorneys' fees in full. The trial court's ruling was upheld on appeal in a published opinion.
News & Insights
News
Publications
Speaking Engagements
"Experts and Attorneys Working Together to Resolve Cases Before Trial," American Bar Association Litigation Section Regional CLE Workshop, Los Angeles, CA (September 28, 2017)
"Project Management and Innovation," Carlton Fields In-House Counsel Forum, Orlando, FL (March 2016)
"Labor and Employment Law Jeopardy: New Workplace Challenges That Can Put Your Company at Risk," Carlton Fields In-House Counsel Forum, Orlando, FL (March 2016)
"Critique of Cross-Examination; Questions and Answers," Anatomy of a Trial, American Bar Association Litigation Section Annual Meeting (April 9, 2014)
"Trying the Arbitration Case: What Lawyers and Arbitrators Need to Know About Commercial Arbitration," Los Angeles County Bar Association (January 23, 2014)
"Critique of Opening Statements; Questions and Answers," Anatomy of a Trial, American Bar Association Litigation Section Annual Meeting (April 24, 2013)
Recognition
Honors & Recognitions
The Best Lawyers in America (2006–2027)
Top 100 Lawyers, Daily Journal (2026)
Leading Commercial Litigators, Daily Journal (2026)
Leaders of Influence: Insurance, Los Angeles Business Journal (2026)
Leaders of Influence: Litigators and Trial Attorneys, Los Angeles Business Journal (2025–2026)
Legal Business Visionaries, LA Times (2025–2026)
Consumer Goods Business Visionaries, LA Times (2026)
Top 100 Lawyers, Los Angeles Business Journal (2022, 2025–2026)
Stand-Out Lawyers, Thomson Reuters (2023–2026)
Southern California Super Lawyers, Super Lawyers Magazine (2004–2026)
Beauty and Fashion Business Visionaries, LA Times (2025)
BTI Client Service All-Stars (2022–2024)
LA500: The Most Influential People in L.A., Los Angeles Business Journal (2023)
Top Article, "Court Finds No Coverage for $42 Million False Claims Act Suit Due to Late Reporting," JD Supra Readers Choice Awards (2020)
Finalist, Leaders in Law: Firm Attorney of the Year, Los Angeles Business Journal (2018)
Education Equity Award, American Civil Liberties Union (2016)
Pro Bono Award for Impact Litigation, Public Counsel (2014)
Top Labor & Employment Lawyers, Daily Journal (2010, 2012)
Top 10 Defense Verdicts in California, Los Angeles Daily Journal (2010)
Pro Bono Civil Rights Award, American Civil Liberties Union (2005)
No aspect of this advertisement has been approved by the highest court of any state. See Awards Methodology.
Professional & Community Involvement
Professional & Community Involvement
Mark's background in journalism has carried into his bar work. In the American Bar Association's Litigation Section, he serves as senior editor of Litigation, the section's flagship journal, and co-chair of the section's Communications Committee. He previously served as the journal's editor in chief and associate editor, as well as the section's publications and content officer and a council member. Mark also served on the American Bar Association's Standing Committee on Publishing Oversight and the ABA Journal board of editors.
Mark has also held leadership roles in California's trial bar. He is a past president of the Association of Business Trial Lawyers, where he also served on the board of governors and as editor of the ABTL Report. He is a past chair of the State Bar of California's Litigation Section, which is now part of the California Lawyers Association, and served on its executive committee. During his tenure, he helped grow the section's membership and was one of the creators of its publication, California Litigation. At the Los Angeles County Bar Association, he served as assistant vice president, on the board of trustees, and on the Judicial Appointments Committee. Mark was appointed to the U.S. Magistrate Judge Merit Selection Panel for the U.S. District Court for the Central District of California. He also served on the boards of the Los Angeles County Bar Foundation and Westside Legal Services.
Beyond the Bio
Mark is office managing shareholder of the firm's Los Angeles office and a leader of the trial bar in California and nationally. He began his career as a reporter with the Miami Herald, covering the U.S. Supreme Court for the Knight-Ridder newspaper chain, before attending UCLA School of Law and serving as associate editor of the UCLA Law Review. He has since written numerous articles and book chapters on litigation skills for the American Bar Association, California Continuing Education of the Bar, and local bar associations, and he has served repeatedly on the faculty of the American Bar Association Litigation Section's annual trial college.
Related Capabilities
Bar Admissions
Court Admissions
Education
J.D., University of California, Los Angeles School of Law
M.S., Northwestern University
B.S., with distinction, Northwestern University
