Bar & Court Admissions
- State Bar of California
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Courts for the Central, Eastern and Southern Districts of California
- California Appellate Courts
American Bar Association
State Bar of California
Los Angeles County Bar Association
California Bar Association
San Fernando County Bar Association
Whittier Law School, J.D.
University of California, San Diego, B.A.
Marc R. Jacobs
Marc Jacobs handles sophisticated and complex litigation matters. Focusing his practice in the financial services, insurance and real estate industries, he has litigated numerous cases involving trade secret misappropriation and conversion, wage and hour, wrongful termination and discrimination claims.
For nearly two decades, Mr. Jacobs has worked on behalf of major insurance companies, agents and brokers. He has extensive experience representing real estate developers, owners of commercial and industrial properties, and individuals in matters involving title, use and ownership rights, easements, adverse possession, commercial trespass, preservation of title and other property related rights.
A member of M&R's Advertising and Digital Media Industry Group, Mr. Jacobs is adept in advising and counseling marketing and advertising companies, and other businesses, regarding emerging technologies and associated litigation risk. For example, he has successfully defended multiple, complex class action lawsuits, including several brought under the Telephone Consumer Protection Act (TCPA) and California Invasion of Privacy Act (CIPA). Mr. Jacobs focuses on pre-litigation risk management for Advertising and Digital Media industry clients, and routinely counsels businesses on TCPA rights and obligations, as well as a broad range of other compliance issues and best practices relevant to the sector.
Mr. Jacobs is heavily involved with the USA Gymnastics and British Gymnastics organizations. He counsels some of the largest gymnastics clubs in the country on education as well as business and legal issues. Many of these clubs have turned out Olympic athletes. He represents health and athletic clubs and organizations in a number of areas including risk management, contracts, privacy and social media rights, waiver documentation, employment practices, benefits analysis and risk management compliance issues.
Additionally, combining his legal experience with his passion for illustration, Mr. Jacobs serves as the legal cartoonist for an array of bar association publications in more than 30 states, as well as for a variety of newsletters and online publications. He is also a member of M&R's Diversity, Multiculturalism & Inclusion Committee.
Mr. Jacobs is actively involved with a nonprofit gymnastics organization, assisting with business opportunities as well as labor and employment and permitting issues.
Mr. Jacobs received his J.D. from Whittier Law School, where he received the American Jurisprudence Award for his real property work and overall legal skills. He also received the Corpus Juris Secundum Award for Real Property and the Dean’s Merit Scholarship for his academic achievements. Mr. Jacobs earned his B.A. in Political Science from the University of California, San Diego.
Awards & Recognitions
Mr. Jacobs has been named to the list of Southern California Rising Stars by Super Lawyers Magazine and has been selected for inclusion in the Southern California Super Lawyers for 2015, 2016 & 2017.
Breach of Contract, Bad Faith: An insurance carrier came to M&R after being sued for allegedly failing to cover damages in a construction defect lawsuit. During a three-week trial, Mr. Jacobs successfully defended the client against breach of contract and bad faith allegations with a potential exposure over $17 million. The Court ruled in our favor, and the decision was affirmed by the California Court of Appeals.
Brokerage Trade Secrets Litigation: Insurance broker who owned his company for 25 years hired M&R after a former employee left the company and took client’s insureds. Mr. Jacobs obtained a favorable outcome for his client after litigating through a five-week trial, proving misappropriation and conversion of client lists and trade secrets.
Counseling: Assisted numerous gymnastics, sports and athletic clubs and organizations, from youth sports through college, with business and entity formation; permits; privacy, social media and intellectual property rights; labor and employment issues; and business litigation and contract matters.
Easement/Adverse Possession: Filed a successful motion for summary judgment on behalf of our client in connection with a complex real property and easement dispute in Bel Air, California. The successful outcome forced an encroaching land owner to remove a portion of his property that had been in place for 45 years. The favorable judgment was subsequently affirmed by the California Court of Appeals.
Employment, Trade Secrets, and Business Litigation: The former regional president of a national insurance brokerage left the company, along with trade secrets, client lists and customers. The former president was allegedly entitled to a multi-million dollar buyout of his shares in the company. A lawsuit was filed against the former president for breach of contract and theft of trade secrets. It was argued that the value of those claims resulted in a complete offset of the value of the buyout of the shares. The case settled for $5,000, in favor of M&R’s clients, with an order barring the former president from use of the stolen trade secrets.
Insurance Consumer Class Action: M&R successfully defended a national insurance brokerage against a class action alleging that the recording of customer telephone calls without proper disclosures was a violation of California statutes. At that time, California courts were interpreting this type of conduct as illegal and holding to the statutory damages of $5,000 per call. In this situation, there were approximately 600,000 such calls and the plaintiffs’ alleged $3 billion in statutory damages. The M&R team constructed a defense predicated on legislative intent dating back to 1967, arguing that the statutes at issue were designed to protect against “industrial espionage” and not improved customer service. After intense argument, the court agreed with the defense and dismissed the case in favor of his client.
Insurance Employment Class Action: A prominent insurance brokerage was held liable for violating California’s wage and hour overtime laws, among related issues. Facing a $42 million judgment, the client retained M&R. After conducting in-depth analysis, M&R designed a defense around the argument that the $42 million judgment should be reduced to $1.2 million because of a conflict in federal and state employment laws that were being misapplied by the plaintiffs’ lawyers. Specifically, the plaintiffs contended that pursuant to California’s Business & Professions Code section 17200 (Unfair Competition Laws), it could expand the “class” under federal law. M&R countered that the United States Congress changed the law in the 1930’s, and again in 1949, to prohibit the expansion of federal law as being applied in this case. After intense litigation regarding the legislative intent, the federal court agreed, limiting the judgment to $1.2 million. On appeal, the Ninth Circuit upheld the ruling.
Mishandled Fund Wiring: Successfully defended Western Union against mishandled fund wiring claims that allegedly resulted in foreclosure of the plaintiff’s home. Litigated through trial; judgment entered in favor of Western Union after allegations were proven false.
Private Equity Fund Governmental Investigation: A high profile private equity firm was being investigated by various agencies, including the SEC, the Department of Justice and multiple offices of the Attorney General, which sought to fine the fund over $30 million. A large and well-known national law firm was unable to resolve the investigations, so the client retained M&R. After years of litigation in eight different jurisdictions, against numerous agencies, the case was resolved with “closing letters” received from certain agencies, stating that the investigation was over. M&R later obtained a $9 million investigation reimbursement for the client from a third party.
Product Defect: Obtained a substantial settlement for client against a national distributor of concrete and cement for alleged defects in the product quality, resulting in mass damages associated with the architectural and ornate elements fabricated and installed at the plaintiff’s client’s large hotels, mansions, casinos and other properties in Nevada, and other states. Mr. Jacobs, acting as co-counsel, brought the case to trial, and made such effective presentations to the jury, and examinations and cross-examinations, that the defendants agreed to reimburse M&R’s client for all damages.
Wage and Hour Dispute: Defended an insurance brokerage firm against a $15 million wage and hour class action in which former employees alleged unpaid wages for overtime. M&R was successful in resolving the case favorably for our client and obtaining a $2 million settlement, paid entirely by a third party.
- Marc R. Jacobs, Partner, Michelman & Robinson, LLP to Speak at KC’s Emerging Issues: Predictive Analytics in Mobile Marketing Explored! Live WebcastPR.com, June 5, 2015
- Law360, March 19, 2015
- Law360, November 17, 2014
- Chicago Business Journal, March 27, 2014
- Law360, January 29, 2014
- Southern California Super Lawyers: Rising Stars Edition, July 14, 2009
- Law360, May 13, 2016
- The Journal of Health Care Compliance, January 2016
- Bloomberg BNA, May 15, 2015
- Technique Magazine, Fall 2014
- Technique Magazine, February 2014
- Law360, January 3, 2014
- Smart Customer Service, December 19, 2013
- Technique Magazine, November 2013
- Gymnastics Technique Magazine, August 2013
Past Speaking Engagements
- USA Gymnastics, Region 1 Trade Show and CongressSan Jose, CA, August 23, 2015
- USA Gymnastics, Region 1 Trade Show and CongressSan Jose, CA, August 22, 2015
- USA Gymnastics National Trade Show and CongressIndianapolis, IN, August 13, 2015
- USA GymnasticsWebinar, December 4, 2014
- USA Gymnastics National Congress Trade ShowPittsburgh, Pennsylvania, August 23, 2014
- Protecting Your Business/Team - Balancing the Legal Pitfalls of Social Media and Other Hot Topics for Your GymUSA Gymnastics National Congress Trade Show's Business ForumPittsburgh, Pennsylvania, August 20, 2014
- USA Gymnastics Region 1 CongressSan Jose, CA, August 17, 2014
- USA Gymnastics Regional Congress (Region One)Santa Clarita, CA, August 24, 2013
- Annual University of California, Los Angeles (UCLA) Moot Court CompetitionJudgeSpring 2012
- Federal Court Paves Way for TCPA Defendants to Attack Class Actions on Constitutional Grounds April 27, 2016
- Robocall Roulette: Federal Court Hands Significant Victory to TCPA Defendants March 29, 2016
- FCC Clarifies TCPA Exemptions for Health Care Calls September 10, 2015
- The FCC Speaks Up and Cracks Down on TCPA Rules June 24, 2015
- Change is Coming for the Telephone Consumer Protection Act (“TCPA”) April 24, 2015
- IRS Rejects Gymnastics Booster Club's 501(c)(3) Application and Orders It to Pay Back Taxes April 14, 2015
- Operating an IRS-Compliant Gymnastics Booster Club December 5, 2014
- 2014 USA Gymnastics National Congress Trade Show August 23, 2014
- Tips for Avoiding Premises Liability Issues August 17, 2014
- 2014 USA Gymnastics National Congress Trade ShowAugust 23, 2014
- USA Gymnastics Region 1 CongressAugust 17, 2014
- Balancing the Legal Pitfalls of Social Media and Other Hot Topics for Your Gym: Employer Liability Under New Privacy LawsUSA Gymnastics Regional Congress (Region One)August 24, 2013