Marilyn Klinger

Marilyn Klinger serves as the Managing Partner of SMTD Law’s Los Angeles office. She is involved in all aspects of construction law on a state and national level, representing the full spectrum of the construction industry, from owners, contractors, subcontractors and sureties. Ms. Klinger’s practice includes time-related claims and litigation (e.g., delay/impact), legal advice and counsel regarding the contracting process (e.g., bidding and contract disputes/performance bond claims), payment enforcement/defense (e.g. payment bonds/mechanics liens/stop payment notices), administrative and scope claims and litigation (e.g., differing site conditions, change and extra work orders/inadequate plans and specifications and subcontractor substitutions) and counseling and transactional services to the construction industry (e.g., general advice and counsel, including contract preparation, evaluation and negotiation). In addition, she has extensive experience in dispute resolution including litigation, trial, appeals, arbitration and mediation.

Ms. Klinger is a hard-working “straight shooter.” Early in her career, she became a pioneer in construction law, being one of the first women attorneys to practice in the primarily male field. Through her passion and unique intelligence she has established a vital, nationwide practice involved in all aspects of construction law and a career marked by increasingly prominent leadership positions. She is recognized as an innovator in legal problem-solving and as a thought leader who is a frequently published author and sought-after speaker for professional legal, construction and educational publications and organizations. Marilyn loves humor and thinks everyone is way too serious.

Awards & Recognition:

  • Best Lawyers in America, Construction Law, 2018
  • Martin J. Andrew Award for Lifetime Achievement in Fidelity and Surety Law, 2017
  • Chambers USA — individually recognized and ranked for Construction Law (2013-2016)
  • Sedgwick Law 2015 Ernest “Bud” Arnold Mentor Award for Commitment in Expertise in Mentoring and Counseling
  • “Who’s Who in Law: Angelenos to Know in Real Estate Law,” Los Angeles Business Journal, 2013
  • 2010 James Acret Award for Outstanding Achievement in Construction Law Legal Writing

Firm Overview:

SMTD Law is a boutique law firm concentrating in construction, surety and business litigation. The Firm’s attorneys are highly experienced in handling disputes unique to the construction and surety industries and they understand the rigors and challenges of litigation. Because of the Firm’s experience, our attorneys are well prepared to work with our clients to achieve their goals. We take pride in knowing that our clients trust us to handle all of their legal needs, and, as a result, we do everything in our power to help our clients succeed.

The Firm handles all facets of federal and state public works construction projects, and commercial and private works projects. The Firm counsels owners, developers, general contractors, subcontractors and suppliers in a broad range of transaction and litigation matters. With decades of collective experience handling construction disputes, our attorneys are uniquely qualified to address the complex issues that arise in the construction industry.

Prior to the start of construction, our attorneys found that negotiating appropriate contract terms and counseling our clients’ project team regarding the legal requirements of a particular project often make or break the project. Our attorneys frequently counsel construction clients with matters involving:

  • Preparing and negotiating contracts
  • Interpreting regulatory requirements, including licensing issues, set aside qualifications and the Federal Acquisition Regulations
  • Creating project specific form documents to comply with legal, contractual, and statutory requirements
  • Analyzing, prosecuting and defending bid protests
  • Analyzing subcontractor listing requirements

Once construction has commenced, our clients demand prompt, accurate and experienced responses to their questions. Our attorneys are well versed in handling:

  • Subcontractor substitutions
  • Payment disputes
  • Work stoppages
  • Stop notice and bond claims
  • Delay and productivity claims
  • Labor and prevailing wage claims with the Department of Labor Standards Enforcement and others
  • Change order and extra work disputes
  • Termination disputes
  • Submittal, scope, and design disputes

Many projects are successfully closed out without the need for experienced counsel. When disputes arise, the Firm is positioned to effectively and efficiently address our clients’ claim needs. Avoidance of unnecessary litigation costs and expenses is important, and, as such, the Firm assists with analyzing and quantifying claims prior to litigation and providing upfront risk analysis. By doing so, we are able to provide our clients with workable solutions to avoid litigation.

If prosecuting or defending a claim is necessary, our attorneys are experienced and have a tremendous record of success. Our attorneys have successfully handled trials and claims in state and federal courts, various Boards of Contract Appeals, the U.S. Court of Federal Claims, arbitration’s, and other tribunals.

Peter Wasung

Peter Wasung is an international transactional attorney and Certified Anti Money Laundering Specialist (CAMS) with over 15 years experience throughout Mexico, LATAM and the Caribbean. He draws his experience from working in key South Florida firms and has acted as counsel of multinational companies in the US and Mexico.

He earned his Juris Doctorate from the University of Miami and is a Member of the Florida Bar, admitted to practice in state and federal courts. He also holds a Law Degree from the Universidad Iberoamericana, of Mexico City and complemented his formal education with a Masters Degree in International Strategy and Economics from the University of St. Andrews in Scotland. Moreover, he holds a CAMS certification issued by the Association of Certified Anti-Money Laundering Specialists.

While working in the corporate banking department of Rabobank International in Mexico City he supervised the opening of long term and revolving lines of credit for multiple corporate clients. Televisa, in Mexico City, advantaged with his counsel and supervisory skills, as he led a team of attorneys overseeing financial and administrative operations within the group of companies. He also provided legal support to the Regional Counsel for Latin America and the Caribbean (LAC) at MasterCard Worldwide in Miami, which included drafting various types of agreements throughout LAC, preparing legal opinions concerning local regulatory requirements, and resolving compliance matters. He also served as Manager of Regional Compliance for the Caribbean at MoneyGram International, where he became a subject matter expert in the region. In South Florida, Peter Wasung worked for Pomerantz, LLP and Rivero Mestre, LLP, firms dealing with white-collar crime multinational and multilingual cases. In Mexico City, he worked for Basham, Ringe y Correa S.C., one of the oldest and largest law firms in the country where he mainly practiced corporate law.

Peter Wasung is also fully fluent in English and Spanish and has working knowledge of Portuguese and French.

Peter Wasung es un abogado transaccional internacional y Especialista Certificado en Prevención de Lavado de Dinero (CAMS) con más de 15 años de experiencia en México, LATAM y el Caribe. Ha obtenido su experiencia trabajando en firmas líderes en el Sur del la Florida y ha asesorado a compañías multinacionales en Estados Unidos y México.

Obtuvo su Doctorado en Leyes de la Universidad de Miami y es miembro de la Barra de Abogados del Estado de Florida, estando admitido para practicar en cortes estatales y federales. También tiene un título de Leyes de la Universidad Iberoamericana en la Ciudad de México y complementó su educación formal con una Maestría en Estrategia Internacional y Economía, de la Universidad de St. Andrews en Escocia. Además, posee un certificado CAMS emitido por la Asociación de Especialistas en Prevención de Lavado de Dinero.

Mientras trabajó en Rabobank International en Ciudad de México, estuvo encargado de supervisar la apertura de líneas de crédito de largo plazo y recurrentes. Televisa en México, aprovechó sus habilidades de supervisión y asesoría, mientras lideró un grupo de abogados encargados de la operación financiera y administrativa del grupo de compañías. También prestó asistencia legal al Director Jurídico para América Latina y el Caribe (LAC) en MasterCard Worldwide en Miami, tarea que incluyó la preparación de varios contratos en LAC, al igual que la emisión de opiniones legales sobre aspectos regulatorios locales y cuestiones de cumplimiento. También ocupó el cargo de Gerente Regional de Cumplimiento para el Caribe en MoneyGram International donde se convirtió en experto de materia en dicha región.

En el Sur de la Florida Peter Wasung trabajó para Pomerantz, LLP y Rivero Mestre, LLP, firmas especializadas en casos involucrando crímenes de cuello blanco, multinacionales y multilingües. En México trabajó para Basham, Ringe y Correa S.C., una de las firmas más antiguas y grandes del país, en donde principalmente se dedicó a atender asuntos corporativos. Peter Wasung, habla con fluidez el Inglés y el Español, y tiene dominio técnico en Portugués y Francés.

William Phillips

William Phillips is the Managing Partner of Phillips & Associates. Mr. Phillips has strong roots in New York. He was born in Brooklyn and attended the College of Staten Island, graduating magna cum laude with a B.A. in sociology and anthropology. He studied entertainment law and landlord-tenant law at New York Law School and graduated from St. Thomas School of Law in Miami in 1993.

Before focusing on employment law, Mr. Phillips gained experience in business and other areas, giving him a valuable frame of reference from which to analyze the industries in which his clients and their employers work.

Bar Admissions:

  • New York
  • Eastern District of New York
  • Southern District of New York
  • Western District of New York
  • U.S. Court of Appeals for the Second Circuit

Affiliations:

  • American Bar Association
  • National Employment Lawyers Association (“NELA”)
  • American Society of Legal Advocates
  • New York State Trial Lawyers Association
  • New York County Lawyers Association
  • Brooklyn Bar Association
  • New York Chapter of NELA

Mary E. Alexander

Most lawyers take on a case – a few take on a cause. Over the past 30 years, Mary Alexander has earned a national reputation for her work protecting consumer rights, winning the respect of clients and colleagues alike. A past president of both the Association of Trial Lawyers of America and the Consumer Attorneys of California, Mary’s career – both in and out of the courtroom – has focused on one thing: ensuring that those who have been harmed by the negligent, preventable actions of others get their day in court – and get the answers, and justice, they deserve.

In the process, Mary has built a notable record of success, both before juries and at the negotiation table. Some of the highlights include:

  • A $45 million verdict for a San Mateo victim, who had her neck broken, was paralyzed for life, and became a quadriplegic when her car was struck by a driver speeding through a red light
  • A $13.3 million verdict for a severely injured client in Hall v. Yosemite Park and Curry Company, in which faulty bicycle brakes triggered a crash resulting in quadriplegia
  • A $5.5 million settlement for a long haul trucker was run over by another trucker while outside of the cab of his rig safely locking and inspecting his load.
  • A $4 million settlement in a San Francisco Municipal Railway accident, Landsverk v. CCSF
  • A $4 million settlement in a pedestrian accident, Ruszak v. State Farm

But it’s not just the results that have made Mary one of California’s most sought-after trial attorneys. It’s also a unique combination of capabilities and compassion that few lawyers can bring to their cases – or their clients. A scientist before she studied law, Mary leverages her technical background in every matter she takes on, and is well known for her ability to explain complicated theories to juries – and for using high-tech courtroom exhibits that help make difficult points easy to comprehend. She’s taken on cases other lawyers won’t, or can’t – such as child sex abuse cases – and assisted clients from all walks of life. Because someone who has been harmed is someone who should be helped.

Along the way, Mary, a graduate of Santa Clara University Law School, has been recognized repeatedly by her peers, and the press, for her work. Her awards and honors include:

  • 2019 National Law Journal Plaintiff Trailblazer
  • 2018 Top Plaintiff Attorney by the Los Angeles Daily Journal
  • Named one of the San Francisco Bay Area’s “Top 10 Trial Attorneys” by the San Francisco Chronicle
  • Named a Northern California Super Lawyer in 2006, 2007, 2008, 2009 & 2010
  • Recognized as one of the Top 30 Women Litigators in 2002 and Top 50 Women Litigators in 2003 and 2004 by the California Daily Journal
  • Repeatedly named one of the “100 Most Influential Attorneys in California” by the California Daily Journal
  • Past editor-in-chief of Forum, a publication of the Consumer Attorneys of California
  • American Board of Trial Advocates, 1997

Areas of Practice:

  • Personal Injury — Plaintiff

Bar Admissions:

  • California, 1982
  • U.S. District Court District of Arizona, 1986
  • U.S. Court of Appeals 9th Circuit, 1982

Published Works:

  • Past Editor-in-Chief of Forum, Consumer Attorneys of California Publication

Representative Cases:

  • Hall v. Yosemite Park
  • Landsverk v. CCSF
  • Ruszak v. State Farm

Honors and Awards:

  • ABA Pursuit of Justice Award, 2003
  • ABOTA Foundation Life Fellow, 2002
  • AAJ Distinguished Service Award, 2007
  • AAJ Women’s Trial Lawyer Caucus Special Recognition Award, 2006
  • AAJ Minority Caucus Trailblazer Award, 2002
  • AAJ Women’s Caucus Marie Lambert Award, 1996
  • AAJ New Lawyer’s Division of AAJ Joe Tonahill Award, 1995
  • Outstanding State Delegate Award, 1993
  • Outstanding State Delegate Award, 1996
  • AAJ Wiedemann Wysocki Award, 1993
  • AAJ Wiedemann Wysocki Award, 2000
  • AAJ Wiedemann Wysocki Award, 2002
  • AAJ Wiedemann Wysocki Award, 2004
  • Edward T. Pollack Award, Consumer Attorneys of California, 2004
  • Marvin E. Lewis Award, Consumer Attorneys of California, 1998
  • Outstanding Achievement Award, Consumer Attorneys of California, 1997
  • Trench Soldier Award, Consumer Attorneys of California, 1994 – 1996
  • Trench Soldier Award, Consumer Attorneys of California, 1996
  • President’s Award, Consumer Attorneys of California, 1991, 1994, 1995, 2002, 2004, 2005
  • President Public Justice Award, 1996
  • 2003 Special Achievement Award, Santa Clara University School of Law
  • Named by San Francisco Chronicle One of the Top Ten Trial Lawyers in the San Francisco Bay Area, 1990
  • Martindale-Hubbell AV Rating, 1986
  • Lawdragon Top 500 Leading Plaintiff Lawyers in America, 2007
  • Northern California Superlawyers, 2005 – 2010
  • US Action Leadership Award, 2003
  • Daily Journal Top 50 Women Litigators, 2003
  • Middlesex County Bar Association Minuteman Award — Special Guest of Honor, 2002
  • Maryland. Trial Lawyers Association Award of Appreciation, 2002
  • Daily Journal Top 30 Women Litigators, 2002
  • Trial Lawyer of the Year Award Themis Capital Corporation, 2001
  • Top 100 Most Influential Lawyers in California — Daily Journal, 2001 – 2003
  • Wyoming Trial Lawyers Association Award of Appreciation, 1999
  • Democratic Caucus of California State Assembly Award of Appreciation, 1996
  • Named one of the San Francisco Bay Area’s “Top 10 Trial Attorneys” by the San Francisco Chronicle
  • Named a Northern California Super Lawyer, 2006 – 2010
  • Top 50 Women Litigators, by the California Daily Journal, 2004
  • Repeatedly Named One of the “100 Most Influential Attorneys in California” by the California Daily Journal
  • Trial Lawyer Hall of Fame for the State Bar of California: Litigation Section

Professional Associations and Memberships:

  • American Bar Association, Member, 1982 – Present
  • American Board of Trial Advocates, Member, 1997 – Present
  • American Board of Trial Advocates, Member, National Board, 2005 – 2006
  • College of Master Advocates and Barristers, Member
  • College of Master Advocates and Barristers, Senior Counsel
  • Bar Association of San Francisco, Member, 1984 – Present
  • Bar Association of San Francisco, Board Member, 2004 – 2007
  • American Association for Justice, President, 2003
  • American Association for Justice, President Elect, 2002
  • American Association for Justice, Vice President, 2001
  • American Association for Justice, Secretary, 2000
  • American Association for Justice, Treasurer, 1999
  • American Association for Justice, Parliamentarian, 1998
  • American Association for Justice, Chair, State Delegates, 1996 – 1997
  • American Association for Justice, Chair, Council of Presidents, 1996 – 1997
  • American Association for Justice, Chair, Membership Committee, 1994 – 1995
  • American Association for Justice, Chair, PAC Task Force, 1995 – 1996
  • American Association for Justice, Secretary, AAJ Endowment, 2007
  • American Association for Justice, Secretary, AAJ Endowment, 2008
  • American Association for Justice, Member, Board of AAJ Endowment, 1998 – Present
  • Roscoe Pound Institute, President, 2005
  • AAJ Leaders’ Forum, Member, 2002 – Present
  • Consumer Attorneys of California, President, 1996
  • Consumer Attorneys of California, President-Elect, 1995
  • Consumer Attorneys of California, Vice President, 1994
  • Consumer Attorneys of California, Parliamentarian, 1993
  • Consumer Attorneys of California, Member, Board of Governors, 1988 – 1992
  • California Women Lawyers, Member, 1982 – Present
  • National Center for State Courts, Attorney Board Member, 2004 – Present
  • San Francisco Trial Lawyers Association, Board Member, 1984 – 1999
  • Public Justice, Member, 1982 – Present
  • Public Justice, Member, Board of Governors, 1995 – 1999
  • Western Trial Lawyers Association, Member, Board of Governors, 1995 – Present
  • Washington State Trial Lawyers Association, Member, 1997 – 1999
  • Consumers Attorneys Association of Los Angeles, Member
  • San Mateo County Trial Lawyers Association, Member
  • Santa Clara University School of Law, Member, Board of Visitors
  • National Crimes Victims Association, President

Brian Chase

Brian Chase is managing partner and senior trial attorney that heads up the litigation department of the firm. Brian was named 2019 Lawyer of the Year, 2018 Best Law Firm, 2017 High Stakes Litigator, Top Lawyer of Distinction in 2016 as well as a 2016 SuperLawyer recipient and one of America’s Best Lawyers 2016. He was the 2015 President of the Consumer Attorneys of California and is a Past President of the Orange County Trial Lawyers Association. He is a member of ABOTA. In 2014 he was named Trial Lawyer of the Year in products liability by the Orange County Trial Lawyers Association.

In 2012, Chase was named Trial Lawyer of the Year by the Consumer Attorneys of California and a Trial Lawyer of the Year Nominee by the Consumer Attorneys Association of Los Angeles. In 2004 he was named Trial Lawyer of the Year for products liability by the Orange County Trial Lawyers Association.

He is listed as one of the Top 100 Trial Lawyers by the American Trial Lawyers Association since 2007. He’s also been listed as the Nation’s Top One Percent by the National Association of distinguished Counsel. He’s earned the title of Southern California SuperLawyer since 2007 and a Top 50 Orange County SuperLawyer for the past four years.

In 2009, Mr. Chase had his book “Still Unsafe at Any Speed”- dealing with the auto industry and defective vehicles, published. He released an updated version in 2017. He is a frequent lecturer nationwide on litigation related topics and has been a frequent guest on radio and television, including appearances on “CBS Special Reports,” “Peter Jennings/World News Tonight,” “Fox 11 News” and “America’s Best Lawyers.”

Brian was lead attorney on four important, precedent-setting appellate opinions: Martinez-Mazon v. Ford Motor Company (auto products defect case dealing with Forum Non Conveniens); Romine v. Johnson Controls (auto products defects case dealing with consumer expectation test for proving defect); Schreiber v. Estate of Kiser (California Supreme Court case dealing with expert witness designations); and Hernandez v. State of California (dealing with governmental design immunity).

Marc René Deschenaux

We are international financial jurists because we believe going into litigation is already a failure. We do not believe in solutions arising from the courts of law.

Our legal team is entrepreneurial and tends to avoid litigation as much as possible.

We firmly believe that making money on the misery and strife of others is not a harmonious lifestyle.

This positive attitude allows us to be credible to our customers on important business, because they know they engage a representative without enemies from past disputes unrelated to them.

We believe that the modern lawyer must join forces with other professions and skills such as finance, marketing & communication.

Our practice as international financial jurists is exactly the opposite to that of attorneys-at-law.

We are builders making money on our clients’ achievements and successes not on their woes and failures.

Generally we do not deal with disputes and litigations.

We do not appear in court except for the companies we administer or for free idealistic causes.

Jeffrey P. Weinstein

Jeffrey P. Weinstein has practiced matrimonial law for more than 40 years and is well-known as a trial attorney and a compassionate advisor to his clients. He has represented thousands of clients, argued innumerable cases before the Trial Courts and Appellate Courts of the State of New Jersey and is recognized for his experience in the field of family law. Jeff has been called upon by other matrimonial attorneys to serve both as an expert and mediator in their own cases and receives referrals on a regular basis from other attorneys, including those whom he has opposed in previous matters.

His articles have appeared in Fair$Share, Journal of Divorce, New Jersey Family Lawyer, and National Business Institute, and he has been cited in both national and local publications. He has conducted many seminars for the New Jersey Institute of Continuing Legal Education. Jeff is a Fellow of both the American Academy of Matrimonial Lawyers and the International Academy of Family Lawyers, as well as a member of the Essex County Bar Association, the New Jersey State Bar Association, the American Bar Association, and the Association of Trial Lawyers of America. Jeff has chaired the New Jersey State Bar Association Family Law Section, and he was one of two lawyers who assisted the Supreme Court committee of New Jersey in establishing the Family Part in the New Jersey Court system. In addition, Jeff has been appointed by the Superior Court of New Jersey, Family Part, as a Standing Master to assist in the resolution of complex matrimonial matters. He has also been a Master of the New Jersey Family Law Inns of Court, an association which enables young matrimonial practitioners to learn trial techniques from seasoned matrimonial lawyers.

Jeff has been selected for Martindale-Hubbell Bar Register of Preeminent Lawyers. Jeff is also a Member of the Matrimonial Lawyers Alliance, an organization comprising the top matrimonial lawyers in New Jersey.

Law Firm Overview:

A titan of the New Jersey matrimonial bar, Jeffrey P. Weinstein had a vision for a different kind of family law firm. With a rising rate of divorce and an ever-changing body of law, he sought to create a firm that combined legal savvy with an intense and exclusive focus on clients. He recognized that facing a deeply painful time of life, clients needed to call upon trusted advisors, not merely technical practitioners.

He established a firm governed by these principles. That commitment lasts today.

With Jeffrey’s son, Evan, now taking the helm, WL&W has emerged as a nationally recognized practice with a deep bench of attorneys wholly committed to client service.

Carson G. Burnham

Carson Burnham Chairs the International Practice Group of Ogletree Deakins. She is a shareholder based in the Boston office. Carson and her global team manage worldwide labor and employment matters for clients and offer practical solutions to employment law issues in over 100 countries.

Carson’s expertise includes multijurisdictional investigations into employment law and compliance matters including sexual harassment, bullying, assault, breach of finance and sales protocols, kickbacks and compensation fraud and other employment-law matters of particular importance to US headquartered multinationals. Carson also specializes in a practical and efficient approach to sensitive, executive-level negotiations, assisting her clients with hiring, management, and terminations worldwide. Carson has unique experience with labor and employment issues in cross-border M&A from a multidisciplinary perspective, and is often called upon to partner with corporate firms to assist from the kickoff of a transaction through post-close integration. Carson designs and implements global ethics protocols for US-headquartered multinationals and enables her clients to implement compensation plans and harmonized benefits practices with a solutions-oriented approach that maintains efficiency at the global level and compliance at the local level. Carson also manages employment litigation for clients abroad, most recently in the Netherlands, Spain and France. She is frequently asked to speak about addressing the challenges of effectively managing a global workforce.

In addition to her own practice, Carson established and manages the International Practice Group of Ogletree Deakins, a team of international attorneys based in five countries with experience handling employment-law matters worldwide. Some recent representative projects handled by Carson and the team include global restructurings ; overtime and wage/hour compliance in multiple jurisdictions; investigating allegations of sexual harassment and criminal assault (France, UK, Brazil, Thailand); investigating allegations of abuse of financial protocols, including benefits fraud, unauthorized discounting and alleged kickbacks (Japan, France, Brazil); drafting and coordinating the rollout of global sales compensation plans, retention bonus plans, codes of conduct and electronic communications policies; advising concerning choice of law, the enforceability of US judgments overseas and the extraterritorial application of US laws applicable employees employment laws to foreign decision makers; managing disability issues; preparing and delivering comparative anti-harassment trainings; measures to mitigate the multidisciplinary risks associated with Global Mobility assignments; negotiating executive terminations as well as handling performance and conduct-based terminations. The International Practice Group consists of lawyers with in-house experience working for multinationals, lawyers experienced in cross-disciplinary matters such as white collar crime, M&A, immigration and tax; lawyers with educational and language experience in a multitude of foreign countries including China, Cuba, Brazil, New Zealand, Poland, Romania, Austria, and Ireland; and German, Japanese, Chinese and Korean lawyers with experience working in the United States.

Prior to joining Ogletree, Carson was the Vice President of Global Employment Law for Novell, Inc. In that capacity, Carson managed a global team of attorneys, oversaw worldwide employment litigation and separation negotiations, served as counsel to the company’s Compliance and Ethics Committee, held responsibility for the employment-law aspects of the company’s transactional activity (including post-close integration) , chaired its Global Policy Committee, served as counsel to its Global Sales Incentive Compensation Committee, and regularly advised Internal Audit concerning international labor and employment matters, signature authority protocols, pricing review procedures, separation costs and incentive compensation issues. In this role, Carson frequently participated in the company’s Board and Audit Committee meetings and worked on a daily basis with the company’s executive team. Carson is best known for finding creative, simple and efficient solutions for her clients’ complex employment law problems around the world.

Education:

  • J.D., University of Pennsylvania Law School, 1998
  • B.A., cum laude, English, University of Vermont, 1995
  • Harvard Business School (Executive Leadership Development), 2009-2010

Law Firm Overview:

At Ogletree Deakins, we understand that clients have choices among labor and employment counsel. We represent employers of all sizes and across many industries, from small businesses to Fortune 50 companies.

Marc R. Lieberman

A Board Certified Real Estate Specialist (State Bar of Arizona), Marc Lieberman handles much of the legal work attendant to the extensive and varied investments of many institutions. As Chair of Kutak Rock’s Institutional Investments Group, Mr. Lieberman and his team have negotiated and documented more than $5 billion in alternative investments for institutional investors, and his trial record is equally impressive: in January of 2017, he and his team obtained the largest defense trial verdict in the United States for the past year, defeating a $200 million claim and securing a $4.9 million defense award.

The transactions documented by Mr. Lieberman and his team have involved a wide variety of commercial real estate projects (office towers, hotels, golf courses, residential subdivisions, multi-family developments, retail centers, historic renovations, land banks, resorts), as well as private equity, hedge and commingled real estate transactions covering a wide variety of asset classes (credit opportunities, commodities, real assets, GTAA, infrastructure, venture capital, timber, tax or environmental credits, drug licensing, currencies or TIPS) and strategies (portable alpha, beta overlay, secondary acquisitions, co-investments, long/short and other  derivatives).

Mr. Lieberman has documented many other key contracts for institutional investors, including custody agreements, securities lending agreements, consultant and adviser agreements, brokerage agreements, and lender acknowledgments. He regularly issues enforceability opinions in connection with fund lender cash collateral agreements, and has drafted investment policies for several institutions, as well as their ethics and fiduciary standards.

As an “AV”-rated Super Lawyer® and Best Lawyers in America®, Mr. Lieberman serves as investment counsel to banks, insurers, public pension plans and sovereign wealth funds, including the Arkansas Teachers’ Retirement System, the Arizona Public Safety Personnel Retirement System, the Indiana Public Retirement System, the City of Los Angeles Fire and Police Pension Plan, the Illinois Pre-paid Tuition Trust Fund, Pinnacol Assurance and the Texas Municipal Retirement System.  He is a former Chair of the Arizona Appellate Practice Section, former Chair of the Editorial Board of Arizona Attorney Magazine, a former Judge Pro Tem for Division One of the Arizona Court of Appeals, and currently serves as a member of the Arizona Supreme Court Committee on Character and Fitness. Mr. Lieberman is a frequent lecturer and author on investment related topics, and is also a member of the SEC Working Committee of the National Association of Public Pension Attorneys.

Real Estate Law Practice:

Kutak Rock LLP’s team of more than 70 real estate attorneys across the country represent national, regional and local clients in all areas of the industry, including owners, developers, lenders, servicers, sponsors and investors. Our offices are uniquely positioned across the United States to provide a high level of expertise in all types of real estate and related transactions, including multi-faceted, multi-state transactions, at a more reasonable cost structure than many of our national competitors. In addition to our broad capabilities, we have distinct practice groups with expertise in lender representation, REIT representation, tax credit transactions, affordable housing, military housing, senior living, health care, medical campus developments, and loan workouts and restructuring.

With every real estate project involving multiple parties, including brokers, title companies, engineers, surveyors and architects, we believe one of our greatest strengths is leading the project team. We efficiently coordinate and organize project information and communicate the facts and options so our clients can quickly understand and use that information in their decision-making process. By understanding the intricate balance between the business and legal aspects of each real estate matter, our attorneys offer a common-sense, business-minded approach that allows us to facilitate a smooth transaction, always mindful of working efficiently, creatively and within budget.

We build trusted and long-lasting relationships with our clients by responding quickly to their requests and anticipating their needs, enabling us to adapt easily as these needs may grow or change. We provide these services with national teams of experts in the areas of tax, public finance, corporate finance, mergers and acquisitions, securities, environmental law, workouts and reorganization, bankruptcy, litigation and many other ancillary areas of the law. These diversified practice groups work together quickly and seamlessly to deliver creative and proactive solutions to our clients.

Kutak Rock LLP:

Kutak Rock LLP is a national law firm of more than 550 lawyers with 18 offices from coast to coast. The firm serves local, regional and national clients in a practice that spans a wide range of disciplines. We encourage our attorneys to take advantage of the national resources and broad range of expertise the firm offers in order to provide the best legal services possible to our clients.

Our firm’s primary practice concentrations are securities, business, finance and corporate law, as well as public finance, litigation and real estate law, with numerous areas of specialization. Kutak Rock attorneys work together in well-integrated, national practice groups to maintain and enhance their technical expertise and to reinforce and support one another in achieving client objectives.

We have represented hundreds of state and local governmental units, a substantial number of Fortune 500 corporations, every major investment banking firm in the United States, major European, Asian and domestic money-center banks, insurance companies, national real estate investors and developers, major national franchising enterprises and numerous other financial institutions and businesses.

Several members of Kutak Rock have served as government officials on the federal and state levels. The attorney ranks in our various offices include a former United States Attorney, a former United States Senator and former officials of the Internal Revenue Service, Federal Communications Commission and Department of Defense.

We have earned a national reputation for finding creative solutions to complex legal issues and for providing excellent legal services in a practical, cost-conscious manner. We maintain that reputation by actively communicating with our clients at the initial stages of each engagement to gain a complete and clear understanding of our clients’ desired objectives.

Kutak Rock LLP is rated “AV” by Martindale-Hubbell—the highest rating that independent organization confers on a law firm.

Emily Reber

Emily Reber is a litigation associate in the Portland office. Emily’s practice focuses on civil litigation and counseling in the fields of employment and business law. Emily has experience litigating and advising clients on a wide range of employment matters such as breach of restrictive covenant, harassment and discrimination, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Family and Medical Leave Act, and the Fair Labor Standards Act. Emily also represents clients in disputes involving breach of contract, breach of fiduciary duty, and fraud claims.

Firm Overview:

The Portland office serves local, national and international clients in a variety of industries, with a particular focus on utilities and independent power producers. The experience of lawyers practicing in the Portland office includes federal and state energy regulatory, reliability compliance and renewable resource integration; utility mergers and acquisitions; utility and partnership tax; and the development, purchase, sale and finance of renewable and conventional power projects. In addition, lawyers represent clients in matters involving US-Canada cross-border securities and real estate development and acquisitions.

Portland office lawyers are committed to serving their local community by volunteering and supporting organizations such as the Oregon Food Bank, Youth Progress Association, The Freshwater Trust, The Dougy Center, Girls, Inc., the Oregon Asian Pacific American Bar Association, and Portland Center Stage.