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Mr. Marston has also represented other professionals, such as physicians, dentists, accountants, engineers and appraisers. While representing a dentist on appeal from an adverse judgment following a jury verdict, Mr. Marston successfully urged not only that the verdict should be reversed, but that judgment actually be entered in his client’s favor, based on the wrongful denial of a motion for judgment notwithstanding the verdict, because of the expiration of the limitations period. He is a member of the firm’s healthcare practice group, and has represented its clients on appeal (preserving the rights of a healthcare management group to assert privacy rights on behalf of its members), and in trial courts (concerning the ability of a hospital group to unilaterally cancel a contract to provide services to healthcare plan enrollees).

Employment Experience

As a member of the firm’s employment and labor practice group, Mr. Marston has represented employers in a variety of suits, ranging from racial, gender and age discrimination, sexual harassment, and other types of wrongful termination. Mr. Marston successfully represented on appeal a major Los Angeles law firm in defending a wrongful termination suit arising from an alleged affair between the daughter of the firm’s managing partner and the dismissed employee; summary judgment for the firm and the partner was affirmed on review. Mr. Marston represented the District Attorney of Los Angeles, and several subordinates, in a suit brought by a deputy who alleged sexual harassment and gender discrimination resulting in a failure to promote. The Court of Appeal affirmed summary judgment in favor of Mr. Marston’s clients. Mr. Marston represents a major hair care, hair color, and cosmetics manufacturer in employment matters. He is a member of the firm’s employment practices and litigation group.

Commercial Litigation

Over his career, Mr. Marston has handled several different types of commercial disputes. For example, he represented the general partner of a substantial Beverly Hills residential real estate development in a dispute with limited partners, and helped secure a multi-million dollar settlement for his client. He represented a Southern California automobile dealer in federal court litigation over the wrongful deprivation of sales territory by a Big Three car manufacturer, also resulting in a multi-million dollar settlement for the dealer.

Mr. Marston advocated on behalf of a major European pharmaceutical manufacturer in a joint venture dispute with a start-up company concerning a diagnostic technique for cervical cancer, yielding a favorable settlement for his defendant client. For the same manufacturer, he handled a patent infringement suit concerning intra-ocular lens implants. On behalf of his hair care client, Mr. Marston has handled a range of commercial disputes with vendors, suppliers and distributors, including a dispute arising out of the acquisition of major domestic hair care manufacturer. On behalf of another hair care manufacturer, Mr. Marston provided both representation and counsel in a dispute between the principals of a joint venture, leading to a buyout of one of the principals by Mr. Marston’s client on favorable terms. Mr. Marston has handled a number of breach of warranty claims for clients such as automobile manufacturers, paint suppliers, and bulk plastic suppliers. He has also handled several licensing suits, including claims against his clients for misappropriation of likeness, and distributorship disputes. He has represented clients in a number of controversies concerning real property. He also has experience in anticompetitive tort litigation. For example, he represents the largest publisher of Chinese ethnic phone directories in Southern California in high stakes suit brought by a competitor, whose intention, as found by a bankruptcy court, is no less than to put Mr. Marston’s client out of business. He recently secured an order that the client’s adversary pay over $1.5 million in attorney’s fees to his client Mr. Marston’s client continues to prosper in the marketplace.

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