Mark A. Neubauer

Overview

Mark Neubauer focuses his practice on sophisticated litigation including commercial, securities, antitrust, real estate, employment, and entertainment. He has tried numerous jury and bench cases in both state and federal courts during his 30-plus years of practice.

Mark's legal skills have been repeatedly recognized. In 2010, his jury trial victory for Johnson & Johnson was chosen by the Los Angeles Daily Journal  as one of the "Top 10 Defense Verdicts" of the year in California. He has consistently been named one of the bet-the-company commercial lawyers in California by The Best Lawyers of America and to the Los Angeles Daily Journal's list of "Top Labor & Employment Lawyers" in California. Most recently, he was named as one of Los Angeles Business Journal's Top 100 Lawyers, which honors the most impactful attorneys in the Los Angeles region, the LA500 list of the most influential leaders and impactful executives in Los Angeles, and BTI's Client Service All-Stars list.

Mark has also held a number of leadership positions with the American Bar Association (vice chair of the ABA Standing Committee on Publications and ABA Journal board of editors), the California State Bar (State Bar Litigation Section chair), Association of Business Trial Lawyers (president) and the Los Angeles County Bar Association (assistant vice president). He also has been recognized for his pro bono work regarding impact litigation for both health and education reform.

A member of the California State and the District of Columbia Bar, Mark received his J.D. from UCLA School of Law and his M.S. and B.S., with distinction, from Northwestern University's Medill School of Journalism. He is a former reporter with the Miami Herald and covered the U.S. Supreme Court for the Knight-Ridder newspaper chain.

Experience

• Office Depot Inc. v. AIG Specialty Ins. Co., No. 2:15-cv-02416 (C.D. Cal. June 21, 2019). Won summary judgment on behalf of carrier against a claim for insurance coverage and indemnification with regard to a $77.5 million settlement of a qui tam action under California’s False Claims Act. Summary judgment was upheld after appeal to the Ninth Circuit.
• Davis v. Einstein Noah Rest. Grp., Inc., No. 4:19-cv-00771 (N.D. Cal. Oct. 23, 2019). Mark won the dismissal of all class action claims against his clients, Einstein Bagel and Caribou Coffee, eliminating any class damages and leaving the plaintiff’s individual claim at $1,000 or less. The lawsuit, which alleged violations of the Fair Credit Reporting Act, California’s Investigative Consumer Reporting Agencies Act, and California's Unfair Competition Law, was dismissed with prejudice on enforcement of a class action waiver in the arbitration agreement.
• In re Tribune Co. Fraudulent Conveyance Litig., No. 1:12-mc-02296, 2018 WL 6329139 (S.D.N.Y. Nov. 30, 2018). Mark won a motion to dismiss in favor of his client, Durham Monsma, who was sued as an officer/director of a subsidiary of the Tribune. Mr. Monsma was the only subsidiary D&O who prevailed on the merits in this massive fraudulent conveyance litigation involving more than 5,000 defendants. Mark was also part of the defense executive committee, which subsequently prevailed on dismissal of the fraudulent claims against all of the shareholders. The dismissal was upheld by the Second Circuit Court of Appeals. No. 19-3049, 2021 WL 3700337 (2d Cir. Aug. 20, 2021).
• PAMC Ltd. v. National Union Fire Insurance Co. of Pittsburgh. On the hook for a $42 million settlement in a False Claims Act suit for entering into illegal referral agreements with community clinics, the hospital policyholder filed suit against its insurer for denial of coverage. On behalf of the defendant, Mark secured a motion to dismiss without leave to amend, with the court holding that coverage is barred because the hospital provided untimely notice of the two claims to the insurer.
• Confidential (2016). Won a unanimous defense verdict after a six-week jury trial involving claims of over $29 million for alleged financial elder abuse.
• Johnson & Johnson Services, Inc. v. Marheine. Plaintiff was a former senior recruiter for defendant Johnson & Johnson Services Inc. and claimed he was wrongfully terminated for complaining about what he believed were unlawful hiring practices by three of his customers at other Johnson & Johnson companies and sought damages for alleged lost wages, emotional distress, and punitive damages in federal court. After a seven-day jury federal trial, Mark prevailed for the defense.
• Hills v. Indymac Mortgage Holdings, Inc. Mark served as lead trial and appellate lawyer in successful one-week bench trial of real estate specific performance claim; won $440,000 in fees for his client and successfully defended the verdict on appeal.
• Confidential. Mark won a $2.4 million award for breach of contract between two health care providers after a two-week arbitration.
• Antounian v. Louis Vuitton Malletier, 189 Cal. App. 4th 438, 117 Cal. Rptr. 3d 3 (2010). Mark obtained judgment of dismissal under California’s anti-SLAPP statute for a malicious prosecution case against his client and the client was awarded its attorneys' fees in full in a trial court ruling that was upheld on appeal in a published opinion.
• In re Harold Kavoussi. Mark served as lead trial and appellate counsel in successful prosecution of a fraudulent conveyances claim. Judgment for $4.1 million was affirmed by the Ninth Circuit Court of Appeals.
• Antounian v. Louis Vuitton Malletier, 189 Cal. App. 4th 438,  117 Cal. Rptr. 3d 3 (2010).
• Biosense Webster, Inc. v. Superior Court, 135 Cal. App. 4th 827, 37 Cal. Rptr. 3d 759 (2006).
• Dowell v. Biosense Webster, Inc., 179 Cal. App. 4th 564 (2009), 102 Cal. Rptr. 3d 1 (2009).
• Factor Health Mgmt. v. Superior Court, 132 Cal. App. 4th 246, 33 Cal. Rptr. 3d 599 (2005).
• Ward v. Nestor, 884 So. 2d 522 (Fla. 3d DCA 2004).
• Hilb, Rogal & Hamilton Ins. Servs. v. Robb, 33 Cal. App. 4th 1812, 39 Cal. Rptr. 2d 887 (1995).
• Urez Corp. v. Superior Court, 190 Cal. App. 3d 1141, 235 Cal. Rptr. 837 (1987).
• Ron Yates Constr. Co. v. Superior Court, 186 Cal. App. 3d 337, 230 Cal. Rptr. 629 (1986).
• Canut v. Lyons, 450 F. Supp. 26 (C.D. Cal. 1977).

Recognition

• AV Rated by Martindale-Hubbell
• LA500, Los Angeles Business Journal (2023)
• Top 100 Lawyers, Los Angeles Business Journal (2022)
• BTI Client Service All-Stars (2022–2023)
• The Best Lawyers in America, Bet-the-Company Litigation, Commercial Litigation, Litigation – Intellectual Property, Litigation – Labor and Employment (2006–2024)
• "Stand-Out Lawyers," Thomson Reuters (2023)
• Southern California Super Lawyers, Business Litigation, Super Lawyers Magazine (2004–2022)
• "Court Finds No Coverage for $42 Million False Claims Act Suit Due to Late Reporting" recognized as a top article in health care by the 2020 JD Supra Readers’ Choice Awards
• Top Rated Lawyer in Intellectual Property Law, ALM Media and Martindale-Hubbell (2020)
• Finalist, Leaders in Law Award, Los Angeles Business Journal (2018)
• Public Counsel Annual Pro Bono Award for Impact Litigation (2014)
• Top Labor & Employment Lawyers, Daily Journal (2010, 2012)
• Top Defense Verdicts, Daily Journal (2010)
• ACLU Pro Bono Lawyer of the Year
  • Educational Equity Award for work on the Cruz v. California class action (2016)
  • Pro Bono Civil Rights Award for work on the Rancho Los Amigos Hospital class action (2005)

Professional & Community Involvement

• American Bar Association
  • Standing Committee on Publishing Oversight (2018)
  • Section of Litigation
    • Senior Editor, Litigation Magazine (2018–2019, 2021–present)
    • Co-Chair, Communications (2021–present)
    • Publications and Content Officer (2015–2018)
    • Board of Editors, ABA Journal (1998–2006)
    • Litigation Section Council Member (1996–1999)
    • Editor-in-Chief, Litigation Journal (1994–1996)
    • Associate Editor (1983–1994)
• Association of Business Trial Lawyers
  • President (1991–1992)
  • Vice President
  • Secretary
  • Treasurer
  • Board of Governors
  • Editor, ABTL Report
• California State Bar
  • Litigation Section Chair (1989–1990)
  • Litigation Section Vice Chair
  • Litigation Section Treasurer
  • Executive Committee
• Los Angeles County Bar Association
  • Assistant Vice President (1999–2000)
  • Board of Trustees (1998–1999)
  • Judicial Appointments Committee (1997–1999)
• Los Angeles County Bar Foundation
  • Board of Directors (1996–2002)
• Westside Legal Services
  • Board of Directors (1982–1985)

Speaking Engagements

• "Experts and Attorneys Working Together to Resolve Cases Before Trial," ABA 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, ABA 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, ABA Litigation Section Annual Meeting (April 24, 2013)

Areas of Focus