Neal Marder, a partner and head of litigation in Winston & Strawn's Los Angeles office, was profiled in the November 15 edition of Law360. In the article, Mr. Marder discusses his most challenging case, where he sees the next wave of cases in class actions and more.
Mr. Marder credits his representation of MedQuist Inc., a leading provider for outsourcing of medical transcription services in the U.S., as his most challenging case. The case involved bet-the-company litigation that spanned over four years. Mr. Marder, and the 50+ Winston attorneys he led, were able to keep MedQuist out of bankruptcy and successfully resolve all of the litigation filed against the company by its customers and workforce and investigations by the government. His work on the company's behalf also resulted in a relisting of MedQuist's stock.
Regarding legal reform, Mr. Marder tells Law360 that there needs to be reform in the filing of unmeritorious suits: "I believe we have a long way to go to strike the appropriate balance between keeping the halls of justice open to those who have been aggrieved and ensuring at the same time that corporate America is not wrongly accused of conduct that is legitimate business." Mr. Marder explains that there is a need for "a system that gives the court discretion to award fees to the prevailing party even in the absence of a contractual or statutory fee shifting provision, or we give the courts even greater discretion to assess sanctions for the filing of unmeritorious pleadings."
Mr. Marder 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.