Mark Goodman

Mark's commercial litigation trial practice focus includes complex commercial disputes in various industries, including product liability (medical devices, pharmaceuticals and nutraceuticals), breach of contract, privacy, fraud, breach of fiduciary duties, food labeling and insurance coverage and bad faith. Mark has successfully tried such cases throughout the country, acting as counsel in class actions and multidistrict litigation. His federal and state court appellate and trial experience includes cross-border litigation and landmark California cases involving trademark, trade name, patent and copyright disputes, as well as other intellectual property, antitrust, privacy, fraud, real estate and sophisticated business litigation matters. He has handled litigation in virtually every type of matter involving insurance, real estate and contract disputes and intellectual property cases. At trial and through dispositive motions, Mark has managed numerous product liability, product labeling, unfair competition, privacy, fraud and mass tort actions and class actions. Mark also regularly consults with clients on due diligence and liability issues relating to M&A transactions, asset sales, risk mitigation and emergency response.

Mark has recently handled the following matters:

• Won a jury verdict awarding breach of contract and bad faith damages, including punitive damages, after a three-week trial. Case involved complex accounting and financial issues and a sophisticated representations and warranties insurance structure that required significant explanation to a lay jury.
• Obtained dismissal of a class action alleging the tuna in a leading sandwich restaurant chain’s sandwiches, salads and wraps was not actually tuna, requiring significant public relations efforts to manage the potential impact of the plaintiffs’ claims on the public’s perception and on the client’s brand.
• Secured a dismissal of a landmark nuisance and unfair business practices suit arising out of plastic packaging.
• Obtained judgment by a motion to dismiss on standing and jurisdiction grounds in a consumer class action alleging manufacturing defects, breach of warranty and false advertising under various states' consumer protection statutes.
• Won summary judgment on a complex breach of contract action under Arizona law after convincing the court to vacate summary judgment rulings adverse to the client and allow our client to file its own dispositive motion.
• Obtained a jury verdict on breach of contract and fraud claims relating to medical device products.
• Obtained dismissal with prejudice of a consumer class action in the Southern District of New York alleging false labeling and unfair business practices.
• Successfully defeated class certification and obtained a dismissal in a consumer class action involving alleged mislabeling claims on over 100 products.
• Obtained dismissal of several class actions relating to alleged privacy and personal information claims.
• Obtained a jury verdict in a breach of contract and breach of fiduciary duty case involving an investment in a pharmaceutical company.

• Chambers Band 4 2024
• Northern California Super Lawyers, 2005-2006 and 2008-2019
• Leading Individual in Product Liability and Mass Tort Defense – Consumer Products, Legal 500 US
• Who’s Who In American Law

• American Bar Association - Fellow
• American Bar Association - Member
• International Association of Defense Counsel - Member
• Litigation and Intellectual Property Sections of the Bar Association of San Francisco - Member