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, fraud, breach of fiduciary duties, food labeling and insurance coverage and bad faith, including specialty insurance like representations and warranty insurance and trade credit insurance. 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 also 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 matters involving insurance, real estate and contract disputes and intellectual property cases. At trial and through dispositive motions, Mark has managed numerous product liability, labeling, insurance, unfair competition, fraud and mass tort actions. Mark also regularly consults with clients on due diligence and liability issues relating to M&A transactions and asset sales.

Mark has recently handled the following matters:

• 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.
• Obtained a 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 a jury verdict in a breach of contract and breach of fiduciary duty case involving an investment in a pharmaceutical company.
• Obtained summary judgment and an award of more than USD 600,000 in sanctions in an insurance bad faith case that was affirmed in full by the Ninth Circuit on appeal.
• Obtained USD 10 million settlement of a USD 2 million insurance claim for the US subsidiary of a Japanese technology company.
• Obtained dismissal of claims at trial against a Hong Kong-based client for patent infringement, theft of intellectual property and conversion.
• Obtained summary judgment in a Montana federal court in relation to a bad faith case under an E&O insurance policy.
• Won summary judgment and recovered over USD 2 million through a subsequent settlement in a breach of contract action in federal court in Montana.
• Won summary judgment and obtained rescission of a broker/dealer E&O insurance policy in New York State Court after proving that the insured, who defrauded hundreds of its clients, committed fraud on an insurance policy application.

• Northern California Super Lawyers, 2005-2006 and 2008-2019
• Leading Individual in Product Liability and Mass Tort Defense - Consumer Products, Legal 500 US, 2009-2010, 2015-2017

• 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