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David E. Marder

David E. Marder
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David E. Marder

Partner

demarder@rkmc.com


Robins, Kaplan, Miller & Ciresi L.L.P.
800 Boylston Street
25th Floor, Prudential Tower
Boston, MA 02199

Phone: 617.267.2300
Toll Free: 1.800.553.9910
Fax: 617.267.8288

Experience

  • Practice focuses on complex business litigation.
  • Years of experience litigating patent and other intellectual property disputes in a wide variety of fields, including pharmaceuticals, mechanical products, computer software, business methods, consumer goods, and medical devices.
  • Heavy emphasis on securities matters. Represents parties in investigations and actions brought by the SEC, NASD, and state securities regulators, and in private securities actions, including litigation and arbitration.

Outside Experience

  • Senior Trial Counsel and Assistant District Administrator, Securities and Exchange Commission.  While Senior Trial Counsel at the SEC, served as first-chair trial counsel in numerous high-profile securities fraud and insider trading cases. 
  • Special Assistant District Attorney, Middlesex County, Massachusetts

Selected Results*

Represented Fortune 500 medical technology company in patent litigation relating to spinal implants.

Represented parties in dozens of SEC investigations and enforcement actions.

Represented senior official of financial services company in NASD arbitration.

Represented manufacturer of printers in patent litigation against foreign importer.

Defended parties in securities class actions.

Represented plaintiff in patent infringement action relating to use of web sites to facilitate international transactions.

Represented plaintiff in action against mutual fund adviser for excessive fees.

Represents major manufacturer of computer chips in various patent matters.

Represents profit sharing plan in FINRA arbitration against broker.

Represents plaintiff in patent and trade secret case relating to search technology for television programs.

* Past results are reported to provide the reader with an indication of the type of litigation in which we practice and does not and should not be construed to create an expectation of result in any other case as all cases are dependent upon their own unique fact situation and applicable law.

Media

Frequently quoted on legal topics in newspapers and other periodicals, including the Boston Globe, the Washington Post, the Denver Post, and the Boston Business Journal.

Appeared on television news programs to discuss legal topics, including The News with Brian Williams, Squawk Box and Morning Call on CNBC, and various PBS and CNN programs.

Recognition

  • Named a "Super Lawyer," by Law & Politics (2007, 2008, 2009, 2010, 2011)**
**Being named to the list or receiving the award is not intended and should not be viewed as comparative to other lawyers or to create an expectation about results that might be achieved in a future matter.

Memberships

  • American Bar Association
  • Boston Bar Association
  • Massachusetts Bar Association

Bar Admissions

  • Massachusetts
  • U.S. Court of Appeals, Federal Circuit
  • U.S. Court of Appeals, First Circuit
  • U.S. District Court, Massachusetts

Education

  • Boston University School of Law, J.D., magna cum laude (1988)
  • Dartmouth College, B.A., Government (1985)

Articles

  • Deciding on Filing a Patent Infringement Claim Requires a Thorough Up-Front Analysis
    New England In-House (January 2004) (with Marc Henshke)
  • Will the $1.4 B Settlement Change Wall Street?
    Boston Business Journal (January 17-23, 2003)

Selected Speeches

  • Patent Valuation and Realization of that Value: Evaluating Patents in Light of Contingency Fee Litigation
    Boston Patent Law Association, Boston, MA (March 16, 2006)
  • Recent Trends in Insider Trading
    Pinstripes to Jailstripes Seminar, Minneapolis, Minnesota (August 8, 2002)