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SEDGWICK ATTORNEY PROFILE

He recently tried a federal court jury trial where his client was accused of fraud in connection with the purchase and sale of utility-grade power transformers. Where the client admitted liability to the plaintiff, Mr. Marston successfully argued to the jury that the award should be less than one tenth of the amount sought by plaintiff.

Mr. Marston has already handled a number of commercial disputes concerning intellectual property. For example, on appeal he represented two former employees, and an investor, who were sued by the former employer for misappropriation of trade secrets, primarily customer lists. Summary judgment was granted in favor of Mr. Marston’s clients, and affirmed on review. Mr. Marston is a member of the firm’s commercial litigation practice group.

Surety, Fidelity and Insurance Litigation

While surety and fidelity practice is a specialized area, Mr. Marston’s background as a generalist has contributed to the representation of this firm’s clients in this group in a number of cases on appeal. For example, a surety for a contractor on Los Angeles’ subway project was found jointly and severally liable on a multi-million dollar judgment based on an evidentiary sanction against the contractor. On appeal, Mr. Marston successfully argued that the judgment had to be reversed on due process grounds. In another suit, Mr. Marston secured the affirmance of a summary judgment in favor of the issuer of financial institution bonds. In another appeal, Mr. Marston secured the reversal of summary judgment against the issuer of a public works payment bond. In a series of published opinions, Mr. Marston represented the issuers of construction payment bonds and stop notice release bonds. Mr. Marston has also represented many insurers in coverage and extra-contractual liability litigation. He represented an insurer on appeal concerning whether a comprehensive general liability insurance policy, with advertising injury coverage, required a defense for an insured sued for trademark infringement.

Appellate Practice

Mr. Marston has handled well over 100 appellate matters before both federal and state courts of review. He has secured reversals of multi-million dollars judgments against his clients, and has successfully defended scores of defense judgments on review. He has also represented clients in original proceedings before appellate courts. He has participated in more than 30 matters which resulted in published opinions by the U.S. Supreme Court, the Ninth Circuit Court of Appeals, and the California Supreme Court, and California District Courts of Appeal, among others. He is certified as an appellate specialist by the California State Bar Board of Legal Specialization. He is a member of the firm’s appellate practice group.

Publications and Presentations

Mr. Marston was selected by the Appellate Courts Committee of the Los Angeles County Bar Association to co-author, at the request of the California Courts of Appeal, Second Appellate District, a publication entitled Basic Civil Appellate Practice for the Court of Appeal in the Second District (2003), which serves as a guide for the novice appellate practitioner and lay people for advocacy in that appellate district.

Mr. Marston served as a consultant and editor of the conversion and common carrier chapters in Bancroft- Whitney’s California Civil Practice, Torts (1992). Most recently, Mr. Marston’s article “'Suggestive Palma' Notice, Dilemma Resolved” was published in The Daily Journal (2010). He is a contributor to Sedgwick’s

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