Max is a business litigator admitted to practice in California.  He represents clients in state and federal courts in diverse matters including contract, copyright, trademark, false advertising, antitrust, and false claims act cases.

Representative matters:

  • Won defense verdict for Kia Motors Corporation and Kia Motors America after a bench trial against claims of trademark infringement brought by Allstate Insurance Company.  The Daily Journal named the decision one of the Top Verdicts of 2017.  Max also worked on the appellate briefing before the Ninth Circuit, which affirmed.
  • Won summary judgment for Credit Acceptance Corporation on antitrust claims seeking approximately $1 billion in damages arising from the allegedly fraudulent acquisition and enforcement of a patent in the indirect auto lending market.  The Daily Journal named the decision one of the Top Verdicts of 2017.
  • Won defense verdict after second chairing bench trial for claims of breach of contract and implied covenant of good faith and fair dealing relating to the Manny Pacquiao-Floyd Mayweather mega fight.
  • Won a complete reversal and remand of judgment and new trial after drafting the briefs and arguing in front of the Ninth Circuit on behalf of prisoner who alleged excessive force and deliberate indifference against prison officials.  Panel included Judge Jed S. Rakoff, Judge Mary M. Schroeder, and Judge Milan D. Smith, Jr.
  • Won a new sentence for an inmate who was sentenced to life in prison without the possibility of parole as a juvenile following his resentencing hearing, pursuant to Miller v. Alabama, during which Max gave an opening and closing statement, and questioned expert witnesses via direct and cross examination.
  • Successfully enjoined an unconstitutional law which placed restrictions on obtaining a marriage license in the State of Louisiana.
  • Represented a political candidate bringing a First Amendment challenge to California’s Top Two primary system.
  • Represented a family of asylum seekers who were forced out of Mexico by threat of death.
  • Represented over 50 plaintiff-tenants in their lawsuit against a slumlord, which resulted in a favorable settlement.
  • Represented Agility Logistics, a Kuwaiti logistics company that was the prime vendor for all food supplied to the U.S. military in Iraq during the Iraq War (2003-10), in one of the largest government contracting fraud prosecutions in U.S. history.  The criminal and FCA cases ended in a global settlement that was very favorable for the company.  To settle the criminal case, a multiple-count felony indictment in which the government alleged that Agility defrauded and overcharged the government in connection with its nearly $9 billion prime vendor contract, the government accepted a plea to a single misdemeanor count for over-charges in the amount of $551.  As part of the global settlement, the government immediately lifted suspensions for all Agility companies so that Agility could promptly begin pursuing new contracting opportunities with the U.S. government.
  • Represented a putative class of consumers alleging they were defrauded by a pet-retail chain in Southern California.  For this representation, Max’s team was twice rewarded with the ALDF Advancement of Animal Law Pro Bono Achievement award.
  • Represented a client in an internal investigation stemming from whistleblower allegations relating to potential accounting irregularities.
  • Represented Kraken cryptocurrency exchange in various actions, including for breach of contract against former employees.
  • Represented Alfonso Ribeiro and other celebrities in various suits against companies who were using the celebrities’ likenesses in video games without permission.
  • Represented D’Pergo Custom Guitars, Inc. against Sweetwater Sound, Inc. on copyright and trademark claims, and partially prevailed on cross motions for summary judgment.
  • Represented individual seller in antitrust case against Walmart.
  • Represented a client in an internal investigation stemming from whistleblower allegations relating to potential accounting irregularities.
  • Represented a Russian billionaire in various civil proceedings.

A California native, Max received a Bachelor’s Degree in Political Science from UCLA.  He received his Juris Doctorate from Columbia Law School, and was a James Kent and Harlan Fiske Stone scholar.  Prior to joining Miller Barondess, Max was a litigation associate at Skadden Arps Slate Meagher & Flom, LLP.  Max also clerked for the Honorable Michael W. Fitzgerald on the U.S. District Court for the Central District of California.

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