Marc A. Wallenstein
Marc A. Wallenstein is a partner at the firm. Marc recently led a talented team of attorneys and staff to a $314 million jury verdict in Csupo v. Google, a class action against Google on behalf of approximately 13 million California Android users. Marc ran the case at all stages and tried the case to victory alongside co-counsel from Bartlit Beck, after more than five years of hard-fought litigation. The legal theories and evidence were developed independently, without relying on any prior government investigation or private litigation.
At the close of the trial, the presiding judge remarked: “This was a privilege. This was excellent lawyering. I think this Court has never seen the magnitude of lawyering that we’ve seen during this trial, so I want to thank you all.”
The Csupo case settled after trial for $350 million—more than the amount of the jury’s verdict. The presiding judge approved $115 million in attorney’s fees and wrote: “Throughout these proceedings, class counsel demonstrated exceptional tenacity and skill, both in written submissions, oral presentations, and during the trial. The undersigned can easily say that class counsel represented the class by applying a level of advocacy at the top tier of all counsel previously observed.”
Marc also leads a parallel lawsuit in federal court on behalf of Android users outside of California, Taylor v. Google. Marc won an appeal before the Ninth Circuit, reversing the district court’s dismissal of the complaint. Marc’s advocacy resulted in a unanimous decision issued just two weeks after oral argument. The case is now back before the trial court, which has granted preliminary approval over a proposed $135 million settlement.
Marc is a former federal prosecutor. He has spent his entire career holding wrongdoers accountable for their wrongdoing, in both public service and private practice. He is an experienced courtroom advocate who has tried numerous cases to jury verdict, and has taught trial practice at Yale Law School. Marc is undefeated before the United States Court of Appeals for the Ninth Circuit, having won all ten of the appeals in which he served as lead counsel.
Before joining Korein Tillery, Marc served for six years as an Assistant U.S. Attorney in the District of Hawaii, where he gained expertise in matters involving national security, financial crime, procurement fraud, health care fraud, real estate fraud, public corruption, cybercrime, environmental crime, and crimes against children. Marc served as Anti-Terrorism Advisory Coordinator (ATAC), responsible for national security investigations and prosecutions; as Computer Hacking and Intellectual Property (CHIP) Coordinator, responsible for complex issues related to computer crime and electronically stored information; as the as the National Parks coordinator; and as a member of the Department of Justice’s Cryptocurrency Working Group.
At his final court appearance as an Assistant United States Attorney, the presiding district judge remarked:
And I’d like to take this opportunity to thank Mr. Wallenstein for his service to this Court and to the District of Hawaii. We will miss you, and your representation has always vigorous and very fair with an eye to justice, which I'd like to say is typical of all U.S. Attorneys, but is not, and so I mostly appreciate your personal talents but also your consistent value of ensuring a just outcome. We will particularly miss your baritone voice. But I’m sure that you’ll go on to great success in private practice, and I hope that you’ll return often to visit or perhaps appear in the District of Hawaii. But thank you very much for your service.
Marc is a graduate of Harvard College and Yale Law School. After law school, he served as a law clerk in the Southern District of New York and on the United States Court of Appeals for the Ninth Circuit.
Marc is admitted to practice law in New York, Washington DC, Texas, Hawaii, Connecticut, and numerous federal district and circuit courts around the country.