Neal R. Marder, Partner

Neal Marder is a partner and head of litigation in Winston & Strawn’s Los Angeles office and serves on the firm’s Executive Committee. He concentrates his practice on complex business and commercial litigation, white collar, securities, internal investigations, and antitrust, with an emphasis on the defense of class actions.

Mr. Marder has a diverse general civil litigation practice and handles disputes in federal and state courts involving business and consumer torts, mass torts, intellectual property, securities fraud, white collar, RICO, antitrust, unfair competition, False Claims Act and qui tam actions. He has represented major corporations and/or their Board of Directors or Audit Committees in internal investigations and oftentimes “bet the company” litigation around the country. His clients have included The Boeing Company, British Petroleum, Atlantic Richfield, Abbott Laboratories, The Prudential Insurance Company of America, Minnesota Mining and Manufacturing Company (3M), MedQuist, Inc., Midas International Corp., McDonald’s Corp., Morgan Keegan, Morgan Stanley, Waste Management, Imperial Chemical Inc., The Glidden Company, Wyeth, and PPG Industries.

Mr. Marder recently advised MedQuist, a New Jersey corporation, in investigations by the DOJ and SEC, defended and successfully resolved four nationwide class actions alleging RICO and securities fraud, several qui tam actions, and obtained dismissal of a shareholder derivates suit, as well as prevailing on appeal before the Third Circuit.

Mr. Marder is admitted to practice in the state of California and before the United States District Courts for the Central, Southern, and Northern Districts of California, the United States District Court for the District of New Jersey and the Northern District of Illinois, and the United States Courts of Appeal for the Third, Ninth, and Tenth Circuits.

Honors and Awards

Activities

Mr. Marder is a member of the firm’s Executive Committee, Nominating Committee, and Marketing Strategy Committee. He also heads the litigation practice group in the Los Angeles office.

Mr. Marder is a member of the Los Angeles County Bar Association, the American Bar Association, the Litigation Section of the State Bar of California, and the Association of Business Trial Lawyers.

Mr. Marder is also a member of the Strafford Class Action Advisory Board, and a board member of the American Business Trial Lawyers Association and Bet Tzedek.

Education

Speeches and Publications

Speeches:

• 22nd Annual General Counsel Conference, “Bet the Company Litigation in the New Economy,” New York, June 8, 2010.
• Bridgeport’s 9th Annual Class Action Litigation Conference, co-chairman of conference, Los Angeles, April 22-23, 2010.
• “Consumer Class Action Litigation, Leveraging New Developments in Class Certification, Causation and Reliance,” Strafford Webinar, April 20, 2010.
• “Preparing for the Rebound,” The Forecast for Complex Litigation and Government Enforcement, presented by the Association of Corporate Counsel, Nov. 17, 2009.
• “Trends in Class Action Litigation,” presented by Association of Corporate Counsel,  Nov. 17, 2009.
• “Managing Client Relationships,” Sandpiper Partners’ Second Annual California Legal Market, Los Angeles, Oct. 28, 2009.
• “Bridgeport/Consumer Class Actions: The Effects of In Re Tobacco II on California Consumer Class Actions,” Oct. 23, 2009, Orange Co. Hilton, Calif.
• “Ethical Dilemmas for Corporate Counsel – Privilege and Internal Investigations,” 48th Annual Corporate Counsel Institute conference presented by Northwestern Law, October 2009.
• “Making the Argument to Win: Advanced Tactics and Strategies for Winning the Class Action Case at Trial,” American Conference Institute’s 3rd Annual Defense Counsel Forum on Positioning the Class Action Defense for Early Success in Phoenix, Sept. 23-24, 2009.
• “Effective Class Action Settlement Strategies: Best Practices to Secure Court Approval and Favorable Outcomes,” CLE Teleconference, May 14, 2009.
• “Litigation Management — Getting Out in Front of Major Litigation Early,” Northwestern Law School 47th Annual Corporate Counsel Institute in San Francisco, December 2008.
• “When Bet-the-Company Litigation Strikes,” ALM GC Conference, San Francisco, November 2008. 
• “Complex Litigation — The First Hundred Days,” West LegalEdcenter Webcast, October 2008.
• “Effective Strategies for Managing Complex Class Action Litigation,” Winston & Strawn eLunch, September 2008.
• Instructor for “Class Action Update: Today’s Trends & Strategies For Success” in January 2007 and as a speaker and moderator for the PLI National Symposium on Class Actions held in Washington, D.C.
• Speaker at the National Business Institute’s “Keys to Successful Pre-Trial Preparation” seminar held in Pasadena in November 2005.

Publications:

• “Up in Smoke,” co-author, The Recorder, July 1, 2009.
• “Standing Straight,” co-author, Los Angeles Daily Journal, June 2009.