A. Marisa Chun is an experienced trial and appellate lawyer and leads the Firm’s Litigation Practice Group in its San Francisco and Silicon Valley offices. She represents clients in diverse matters involving commercial litigation, class actions, and internal and government investigations involving False Claims Act, health care fraud, antitrust, and other regulatory matters – focusing on thoughtful advocacy and strategies to secure an early and favorable resolution or victory if the case must be tried. As a former television reporter, prosecutor, and senior official at the US Department of Justice, Marisa draws upon her legal, government, and media experience when advising clients and boards of directors facing high-stakes matters in today’s highly regulated environment. Bilingual in Korean, Marisa has significant experience advising companies and executives in the Korean technology, life sciences, and energy industries.
Class Actions and High-Stakes Litigation: Marisa has significant experience representing clients in consumer class actions alleging antitrust (e.g., Sherman Act, Cartwright Act, bundling of services), false advertising, and unfair business practices claims; wage and hour class actions; high-stakes shareholder derivative actions; and breach of contract and business tort litigation. Marisa has tried more than a dozen civil and criminal bench and jury trials in state and federal courts, including winning every trial as a prosecutor.
Trade Secrets Misappropriation and Employee Mobility: Marisa has represented clients in trade secrets matters involving alleged trade secret theft and in cases involving employee mobility. Marisa has counseled clients with respect to non-disclosure agreements, conducted investigations with respect to alleged potential trade secret theft, and has represented clients in trade secret litigation, including at trial, as part of a trial team which secured a defense verdict on all such claims.
Government and Internal Investigations: Marisa represents corporations, officers, directors, and individuals in health care, False Claims Act, mail, wire and visa fraud, money laundering, antitrust, and other investigations and proceedings brought by the US Department of Justice, State Attorneys General, the Federal Trade Commission, and the US Department of Health and Human Services. Marisa also conducts internal investigations for technology, insurance, manufacturing, and health care clients, with respect to alleged antitrust, health care fraud, financial fraud, and FCPA violations, as well as alleged sexual harassment or misconduct (e.g., #MeToo complaints), in the United States, Asia, and Latin America.
Appellate: Marisa has briefed and/or argued appeals or writ petitions in the United States and California Supreme Courts, the Ninth Circuit, the Third Circuit, the Federal Circuit, and the California Courts of Appeal. In the past year alone, Marisa’s clients enjoyed victories in the US Supreme Court (Jae Lee v. United States, 137 S. Ct. 1958, 2017 WL 2694701 (2017)), the California Supreme Court (Heller Ehrman LLP v. Davis Wright Tremaine LLP, 4 Cal. 5th 467 (2018)), and the California Court of Appeal (Walt Disney Parks & Resorts, U.S., Inc. v. Superior Court, 21 Cal. App. 5th 872 (2018)).
Previously, Marisa served as US Deputy Associate Attorney General at the US Department of Justice. She advised the Department’s leadership on various enforcement issues and oversaw certain matters involving antitrust, intellectual property rights enforcement, health care fraud, privacy, telecommunications and Korea. Marisa also served as a prosecutor in the US Attorney’s Offices for the Eastern District of Virginia and the District of Maryland, where she investigated, prosecuted and/or tried cases involving narcotics trafficking, health care and immigration fraud, money laundering, export control violations and child sex trafficking. She won every trial and appeal as a prosecutor.
Marisa serves on the Boards of Directors of the Public Policy Institute of California and the Bar Association of San Francisco’s Justice & Diversity Center. She teaches trial advocacy at Stanford Law School. She has devoted significant time to pro bono matters in conjunction with the American Bar Association, Lawyers’ Committee for Civil Rights, the Asian Law Caucus, and other organizations.
Marisa is a graduate of Yale University, summa cum laude, and Harvard Law School, cum laude, where she served as Developments Editor of the Harvard Law Review. She served as a law clerk to the Honorable Robert Boochever of the US Court of Appeals for the Ninth Circuit.
Representing international robotics company in high-stakes, commercial dispute involving automotive and automation technology
Representing wealth management company and executive in high-stakes employee mobility case
Representing environmental and radiological services provider, officers, and directors in environmental enforcement action brought by California Attorney General’s Office.
Represented a Software-as-a-Service (SaaS) company in a bet-the-company arbitration involving misappropriation of the client’s intellectual property and the systematic poaching of its customers, which resulted in a significant settlement
Trial counsel for a technology company in a three-week trade secret misappropriation, breach of contract, patent inventorship, and trademark case in which the jury returned a complete defense verdict on all eight trade secret claims, contract claims, and patent claim, and awarded nominal damages of $1 each on the trademark claims
Represented financial services institution in a case involving trade secret theft, unfair competition, conversion, and other tort claims arising out of movement of plaintiff’s employees to client
Represented partner in a dispute involving trade secret and intellectual property misappropriation and conversion involving high-fidelity headphones; matter settled with buy-out of client’s ownership interest in the corporation
Represented a major health care group purchasing organization in a complex product liability case; prevailed on a motion to dismiss or stay and thereafter secured the swift dismissal of client
Represented clients in privacy and Electronics Communications Privacy Act (ECPA) litigation involving allegations of video camera spying in a property rented via a global online plarform; following our filing of a motion to dismiss, case settled
Trial and appellate counsel for officers and directors of a major utility in high-profile shareholder derivative actions
Trial counsel in patent infringement action on behalf of a technology company in a nearly four-week trial involving link load balancing patents. Won multi-million-dollar jury verdict in favor of client
Defeated national and state consumer class actions alleging violations of the Sherman Act, Section 17200, and California Consumers Legal Remedies Act (CLRA), and prevailed on dispositive motion and secured voluntary dismissal of a statewide unfair business practices action
Represented an international cosmetics manufacturer in complex, antitrust price-fixing class action and obtained a favorable global settlement
Represent employers and executives on employment matters, including defending statewide wage and hour class actions, winning summary judgment in sex harassment and constructive termination case, prevailing at trial, and resolving disputes favorably in mediation, including settlements with no or nominal monetary payments
In a case of first impression, won the grant of a rare petition for writ of mandate for iconic theme park/entertainment company, thereby vacating an order of the Superior Court denying the client’s motion to transfer venue
Representing the Bar Association of San Francisco, the Los Angeles County Bar Association, and the Santa Clara County Bar Association in support of habeas petitioner Kenneth Humphrey in a constitutional challenge to California’s money bail system in the California Supreme Court. In re Kenneth Humphrey, S247278.
Represented the American Bar Association as amicus curiae in the US Supreme Court in Lee v. United States, 137 S.Ct. 1958, 2017 WL 2694701 (2017), in support of an Asian-American immigrant. The Court held, 6-2, that a non-citizen defendant who pleads guilty based upon erroneous legal advice about the deportation consequences of a plea can establish Strickland prejudice under the Sixth Amendment
Represented the Bar Association of San Francisco and the Los Angeles County Bar Association as amici curiae in the California Supreme Court in Heller Ehrman LLP v. Davis Wright Tremaine LLP, 4 Cal. 5th 467 ( 2018), in support of four law firms. The Court sustained the position urged by our clients, holding that a dissolved law firm has no property interest in legal matters handled on an hourly basis, or in the profits generated by the dissolved firm’s former partners who continue to work on these hourly matters after the partners move to new firms
SELECT ENFORCEMENT DEFENSE MATTERS
Represented US and global companies and individuals in government and internal investigations and proceedings, including matters involving allegations of financial or health care fraud, sexual harassment or employment discrimination, tax fraud, money laundering, and other violations of law
#MeToo and Sexual Harassment Investigations
Represented high-profile, venture capital-backed health care technology company with respect to internal investigation of sexual assault allegations involving company leadership and corporate governance issues
Represented non-profit corporation in investigation and favorable pre-litigation mediation and resolution of highly-charged sexual assault allegations leveled by co-executive director against a Board member and co-executive director
Antitrust and FCPA Matters
Advising major Korean energy company with respect to antitrust criminal matters
Represented US technology company with respect to internal investigation of allegations of gray market diversion of products in Latin America
Represented US global engineering company with respect to multiple Foreign Corrupt Practices Act (FCPA) matters, including FCPA and anti-corruption due diligence in connection with a $250 million construction project in Asia
Represented board member of foreign automotive company and executive in FBI investigation of potential money laundering and other crimes. No action taken against client
Health Care Matters
Representing CEO of health care provider in a civil and criminal federal and California False Claims Act investigation of alleged health care fraud by the United States Attorney’s Office and the California Attorney General’s Office
Represented clients in a civil and criminal False Claims Act investigation of alleged health care fraud by the United States Attorney’s Office, DOJ’s Civil Fraud Section and the US Department of Health and Human Services (HHS) Office of Inspector General
Represented hospital in connection with civil and criminal False Claims Act investigation of alleged health care fraud
Represented a major managed care organization in a State Attorney General investigation of alleged antitrust violations with respect to market for specialized medical services. No action taken against client
Represented a prominent biotechnology company in an internal investigation of potential Anti-Kickback Statute violations
State Attorney General Matters
Represented a sports and leisure product company in a California Attorney General inquiry regarding alleged false advertising on a leading social netowrking website. No action taken against client
Represented an international cosmetics and skin care company in a State Attorney General investigation of alleged false advertising on client’s website. No action taken against client
Ninth Circuit Judicial Conference, Lawyer Representative for the Northern District of California (2006 – 2009)
US District Court for the Northern District of California, Mediator
Bar Association of San Francisco: Co-Founder and Leadership Committee Member, Open Doors 1L Job Shadow Program; Co-chair, Amicus Curiae Committee; former Chair, Executive Committee of the Litigation Section
Korean American Bar Association of Northern California, former President and Director
Courts / Agencies
Supreme Court of the United States
US Court of Appeals for the Fourth Circuit
US Court of Appeals for the Ninth Circuit
US Court of Appeals for the Federal Circuit
US District Court for the Central District of California
US District Court for the Northern District of California
US District Court for the Southern District of Texas