Admitted to Practice | U.S. Supreme Court, 2010 | | U.S. Court of Appeals 9th Circuit, 1983 | | U.S. District Court Northern District of California, 1982 | | U.S. District Court Eastern District of California, 1983 | | U.S. District Court Southern District of California, 1983 | | U.S. District Court Central District of California, 1989 | | California, 1982 |
| Martin Fineman handles litigation in the areas of contract, corporate securities, intellectual property and international litigation with an emphasis on class action cases. He has tried numerous cases before judges, juries and arbitrators, and has argued appeals to the California Supreme Court, California Courts of Appeal and the Ninth Circuit Court of Appeals. Martin also is a commercial and securities arbitrator through the American Arbitration Association.
Martin's clients include: adidas, AutoNation, MetroPCS, NextG Networks, South San Joaquin Irrigation District, T-Mobile and Yangtze Optical Fibre and Cable Co. Selected Experience Complete defense verdict for an investment advisor/transfer agent in a trial in which the plaintiff alleged that certain sales fees should not have been charged. The case was very important to client--to protect its untarnished reputation. (2009) Defended wireless carrier against due process and CEQA challenge to permits granted for installation of wireless facilities. Superior Court found in favor of client on all claims. Court of Appeal affirmed in full. (2009) Defended the Vice President of a Fortune 500 company in a misappropriation of trade secrets and breach of fiduciary duty lawsuit. The case settled favorably after trial commenced. (2009) Defended two consumer class actions asserting violations of FACTA (credit card privacy act). 488 F. Supp. 2d 965 (C.D. Cal. 2008) Successful defense of patent infringement case involving patents relating to battery testing equipment, ending in dismissal. (N.D. Ill. 2008) Defended client in $38 million breach of contract case arising from arbitration (in which a complete defense award was obtained; the plaintiff then sought a trial de novo in court) and obtained a favorable settlement. (S.F. Cnty. (Cal.) Super. Ct. 2007) Complete defense verdict after trial of a consumer class action alleging violations of the Vehicle Leasing Act and the Consumer Legal Remedies Act (false advertising claim). 114 Cal. App. 4th 77 (S.F. Cnty. (Cal.) Super. Ct. 2007) Represented wireless telecommunications carriers in a CLEC filed suit seeking compensation for traffic terminated on its network. The case was dismissed. 2007 WL 4200203; 2007 U.S. LEXIS 36101 (9th Cir. 2007) Action against political consulting firm for unauthorized entry into governmental agency's computer network. (San Joaquin Cnty. (Cal.) Super. Ct. 2007) Trial of a case regarding Section 332 of the Communications Act. One of the few cases in the history of this important statute ever to go to trial. The appellate opinion is the most important decision in the 9th Circuit construing this statute. 400 F.3d 715 (9th Cir. 2006) Order granting judgment and permanent injunction for NextG, pre-empting pursuant to Section 253 of federal Communications Act the defendant city's requirements for deployment of wireless facilities in public rights-of-way. 2006 U.S. Dist. LEXIS 36101 at *11-12 (Patel, J.) (9th Cir. 2006) Case involving the constitutionality on federal pre-emption grounds of California statute purporting to make illegal the sale of shoes made of kangaroo leather, despite provision of Endangered Species Act allowing importation of such materials. Case went to the State Supreme Court. Plaintiff's case was dismissed. 41 Cal. 4th 929 (Cal. 2006) Additional Qualifications
- Partner, Brobeck, Phleger & Harrison
- Partner, Musick, Peeler & Garrett LLP
- Judicial Law Clerk, Hon. Robert Boochever, U.S. Court of Appeals for the 9th Circuit
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Professional and Community Activities
- Partner-in-Charge, San Francisco Office, 1999-2011
- Joint Advisory Committee on Continuing Education of the Bar; Former Chair, Civil Litigation Subcommittee; Former Consultant – California State Bar, 1988-present
- Judge Pro Tem and Judicial Arbitrator, San Francisco County Superior Court, 1990-present
- Judicial Mediator, 1st Appellate District, California Court of Appeal
- Association of Business Trial Lawyers
- Power Association of Northern California, 1998-present
- Chair/Vice Chair, California State Bar Committee on Federal Courts, 2001-2004
- Chair, Continuing Education Committee, Appellate Courts Section, Bar Association of San Francisco, 1995-1996
- Securities Litigation Subcommittee on Accounting Issues, American Bar Association, 1990-1995
- Past Co-chair, firmwide Commercial Litigation Department, 2002-2005
- Past Member, firmwide Commercial Litigation Department Steering Committee, 1995-2005
- Past Member, firmwide Pro Bono Committee
- Past Member, firmwide Attorney Evaluation Committee
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Professional Recognition
- Selected to "Northern California Super Lawyers," Law & Politics, 2004-2011
- Named as one of the "Best Lawyers in the Bay Area" by Bay Area Lawyer Magazine, 2005, 2006
- Listed in Who's Who in American Law, 1998-present
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Education J.D., University of California, Berkeley, Boalt Hall School of Law, 1982
- Editor, California Law Review
M.B.A., University of California, Berkeley, Haas School of Business, 1982 B.S., Business Administration, University of California, Berkeley, 1978
- Phi Beta Kappa
- Beta Alpha Psi, Accounting Honorary Society
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