Profile

Max is a trial lawyer who successfully represents plaintiffs and defendants in high-stakes and impact litigation in federal and state courts. His practice focuses on complex commercial litigation and arbitration, antitrust litigation, civil rights and constitutional litigation, and investigations before government agencies and regulators, including the U.S. Department of Justice, the Federal Trade Commission, and the U.S. Securities & Exchange Commission. 

Since joining the firm, Max has represented multinational computer technology corporations, consumer electronics and software technology companies, energy and natural resources corporations, and global banking and financial services organizations, among others.  Max also has an active pro bono practice litigating cases involving constitutional rights and civil rights, and has argued successfully before the U.S. Ninth Circuit Court of Appeals. 

In addition to his litigation work, Max is a certified e-discovery specialist and has taught legal writing and research at the University of California, Hastings College of the Law. He is actively involved in the California and Bay Area legal communities, serving as chair of the Bay Area Lawyer Chapter of the American Constitution Society and as a member of the State Bar’s 2017 Commission on Judicial Nominees Evaluation and the Edward J. McFetridge American Inn of Court.

Max has been named a Rising Star by Super Lawyers every year since 2014. 

Experience

Max’s experience includes:

  • Defending a high-profile consumer electronics and software technology company in California state court against various tort and securities claims brought by Monster and its CEO, Noel Lee, obtaining summary judgment on all of the plaintiffs’ causes of action
  • Litigating a high-stakes antitrust case in federal court in the portable music industry, winning a defense verdict from a jury in a class action seeking $350 million before trebling
  • Defending a Fortune 500 company and private wealth managers in FINRA arbitration, obtaining an award denying breach of contract, tort, and statutory claims seeking more than $300 million
  • Litigating a case of first impression in California concerning the disposition of frozen embryos
  • Representing one of the largest banking and financial services institutions in the world in lawsuits concerning private-label mortgage-backed securities after the global financial crisis
  • Representing a Fortune 500 company in connection with a bribery and honest services fraud investigation by the Office of the United States Attorney, Eastern District of New York
  • Prosecuting intellectual property claims for a Fortune 500 computer technology corporation
  • Representing a major real estate investment, development, and management company in connection with the foreclosure of a luxury apartment complex in San Francisco after the global financial crisis
  • Prosecuting intellectual property claims for a Fortune 500 computer technology corporation
  • Litigating discovery disputes under 28 U.S.C. § 1782 in a multibillion dollar international lawsuit
  • Representing a group of voting rights litigators in an amicus brief in the United States Supreme Court defending the constitutionality of Section 5 of the Voting Rights Act
  • Successfully defending the trial court’s decision declaring California’s same-sex marriage ban unconstitutional

Publications & Presentations

Pathways to the Bench, Bay Area Lawyer Chapter, American Constitution Society (June 26, 2018)

Getting the Most From Opposing Witness Testimony, Working With Witnesses in Court Program, Bridgeport (November 30, 2018)

Between a Rock and a Hard Place: Protecting Employee Mobility and Negative Trade Secrets, The Recorder (March 12, 2018)

Lessons in Trade Secret Law from Waymo v. Uber, Bar Association of San Francisco (March 7, 2018)

Information Governance in the Age of Encryption and Ephemeral Communications, 2018 NorCal eDiscovery and Information Governance Retreat (Ingenious, April 30, 2018)

Specific Discovery Strategies for Trade Secret Cases, 2018 Trade Secret and Employee Mobility Program (Bridgeport, May 4, 2018)

Education

  • University of California, Hastings College of the Law, J.D., cum laude; Witkin / CALI Awards: Evidence, Torts, Public Interest Law, Advanced Legislative Process, and Statutory Interpretation & Bill Drafting.
  • University of California, Davis, B.A., summa cum laude, Political Science, Public Service; cum laude, Philosophy; Phi Beta Kappa.

Admissions

Bars

  • California
  • U.S. Court of Appeals: Ninth Circuit
  • U.S. District Court: Northern District of California
  • U.S. District Court: Eastern District of California
  • U.S. District Court: Central District of California
  • U.S. District Court: Southern District of California

Awards and Associations

Northern California Rising Star, Super Lawyers, 2014-2019

Commissioner, Judicial Nominees Evaluation (JNE) Commission, California State Bar

Life Fellow, American Bar Foundation

Advocate, National Institute for Trial Advocacy (NITA)

Chair, American Constitution Society Bay Area Lawyer Chapter

Next Generation Leader, American Constitution Society

Certified E-Discovery Specialist, Association of Certified E-Discovery Specialists (ACEDS)

Associate Member, Edward J. McFetridge American Inn of Court

Member, American Bar Association

Member, Federal Bar Association

Barristers Ambassador and Executive Committee Member, Intellectual Property Section, Bar Association of San Francisco

Board Member, Young Lawyers Division, Federal Bar Association

Board Member, Family Dog Rescue

Clerkships

  • Hon. Marsha S. Berzon, U.S. Court of Appeals: Ninth Circuit
  • Hon. Mary H. Murguia, U.S. District Court: District of Arizona