Complex Litigation Support

Marc has worked on several extremely long-term and complex matters, inlcuding Vioxx, Zyprexa, and the Fox River litigation. Marc’s ability to assimilate large amounts of information and think big picture allows him to weave together vast data into a clear and cogent story that is persuasive to decision-makers.

Marc now helps companies manage their own complex litigation, both large single cases, and hosts of smaller matters. He provides a flat fee service that includes keeping an eye on the client’s big picture objectives and making sure that the flow of outside counsel work is narrowly focused towards achieving those goals. He also helps advise clients when opportune times to seek settlement arise, sometimes having a vantage point just removed enough from the litigation to pierce through the acrimony and help client’s achieve rapid, cost-effective resolutions.

Representative matter include:


    Acted as part of national team preparing and defending sales managers, high-level scientists and doctors in depositions in state and federal courts across the country, and supported trial team in Vioxx litigation, 2005-2009

  • Kozic v. Merck & Co., Inc. (October 2007, Hillsboro County (Tampa), Florida) – Last Vioxx case to be tried, resulted in defense verdict after three-week jury trial.
  • Berwick v. Merck & Co., Inc. (March 2007, Los Angeles County, California) – Vioxx trial which was dismissed with prejudice during jury selection.
  • Acted as member of the trial team for Albright v. Merck, in the Circuit Court of Jefferson County, Alabama; CV-05-2316. Served as independent counsel for several potential witnesses. Three week jury trial resulted in defense verdict, December 2006. Circuit Court Judge J. Scott Vowell presiding.

Acted as lead attorney for numerous Merck employees involved in confidential, related litigation in Boston, Massachusetts.

Acted as independent counsel representing Merck’s senior medical director for Louisiana in economic loss suit brought by state’s attorney general, State of Louisiana, ex rel. James D. Caldwell, Attorney General v. Merck & Co, Inc., U.S. District Court Judge Eldon Fallon of the Eastern District of Louisiana presiding. Bench trial resulted in defense verdict June 2010.

Fox River

    Worked on trial team representing defendant and counterclaim plaintiff in Superfund allocation case for the Lower Fox River and Green Bay Superfund Site. Represented same defendant on claims of the government for a mandatory injunction to implement the remedy for the Site and for recovery of costs and natural resource damages.

  • United States v. NCR Corp., 76 Env’t Rep. Cas. (BNA) 2163 (E.D. Wis. May 1, 2013), appeals pending, No. 13-2436 (7th Cir.).
  • Appleton Papers Inc. v. Geo. A. Whiting Paper Co., No. 2:08-cv-16-WCG (E.D. Wis. judgment entered June 25, 2013), appeals pending, No. 13-2447 (7th Cir.).
  • Appleton Papers Inc. v. George A. Whiting Paper Co., No. 2:08-CV-16-WCG (E.D. Wis. summary judgment granted Dec. 16, 2009).
  • Appleton Papers Inc. v. George A. Whiting Paper Co., 572 F. Supp. 2d 1034 (E.D. Wis. 2008).
  • United States v. P.H. Glatfelter Co. (“Lower Fox River and Green Bay OU-1”), No. 2:03-CV-949-LA (E.D. Wis. Consent decree entered April 12, 2004 and agreed supplements filed May 7 and Nov. 13, 2007, and amended consent decree entered Aug. 13, 2008).