Martin L. Fineman

Partner

T 415.276.6575 San Francisco
Litigation is stressful and chaotic. I try to make the process easier, more understandable, and ultimately more successful for my clients.
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When representing defendants, Martin Fineman's philosophy is to help you find the quickest "off-ramp." Does someone owe you an indemnity? Can we end the case with a motion to dismiss? Can the case be settled sensibly and quickly? When representing plaintiffs, Martin's goal is to maximize your recovery while minimizing your investment of time and money.

Martin has tried numerous cases for more than 35 years before judges, juries, and arbitrators in the areas of telecommunications, securities, intellectual property, contract, corporate, and international law, with an emphasis on class-action cases, and has argued appeals to the California Supreme Court, California Courts of Appeal, and the Ninth Circuit Court of Appeals. Martin is also a commercial and securities arbitrator through the American Arbitration Association, a judge pro tem and a judicial arbitrator for the California Superior Court, and a mediator for the California Court of Appeal.

Practice Highlights

Telecommunications

Argued the principal Ninth Circuit case establishing Section 332 law (MetroPCS, Inc., v. City & County of San Francisco), tried two of the main Section 332 cases ever to come to trial in California (T-Mobile West Corp. v. City of Huntington Beach and MetroPCS, Inc. v. City & County of San Francisco) and tried the first case in the country brought under 47 U.S.C. § 1455 (T-Mobile West LLC, Crown Castle NG West LLC and ExteNet Systems (California) LLC v. City & County of San Francisco).

Complex trials and appeals

Tried or litigated numerous complex securities, patent, trade secret, and nondisclosure agreement cases. One of his more memorable experiences was trying a class action case to a successful defense judgment.

High stakes litigation

Obtained jury or arbitration verdicts ranging from a complete defense award in a $40 million case to a $124 million jury verdict for the plaintiff in another case.

Recent Trials

Telecommunications

Intellectual Property

General Civil Litigation

Admitted to Practice

  • California, 1982
  • U.S. Supreme Court, 2010
  • U.S. Court of Appeals, 9th Circuit, 1983
  • U.S. District Court, Northern District of California, 1982
  • U.S. District Court, Eastern District of California, 1983
  • U.S. District Court, Southern District of California, 1983
  • U.S. District Court, Central District of California, 1989

Education

  • J.D., University of California, Berkeley, Boalt Hall School of Law, 1982
    • Editor, California Law Review
  • M.B.A., University of California, Berkeley, Haas School of Business, 1982
  • B.S., Business Administration, University of California, Berkeley, 1978
    • Phi Beta Kappa Honorary Society
    • Beta Alpha Psi, Accounting Honorary Society

Memberships & Affiliations

    • Securities Litigation Subcommittee on Accounting Issues, American Bar Association, 1990-1995
    • Joint Advisory Committee on Continuing Education of the Bar; Former Chair, Civil Litigation Subcommittee; Former Consultant – California State Bar, 1988-present
    • Judge Pro Tem and Judicial Arbitrator, San Francisco County Superior Court, 1990-present
    • Judicial Mediator, 1st Appellate District, California Court of Appeal
    • Association of Business Trial Lawyers
    • Power Association of Northern California, 1998-present
    • Chair/Vice Chair, California State Bar Committee on Federal Courts, 2001-2004
    • Chair, Continuing Education Committee, Appellate Courts Section, Bar Association of San Francisco, 1995-1996
    • Past Partner-in-Charge, San Francisco Office, 1999-2011
    • Past Co-chair, firmwide Commercial Litigation Department, 2002-2005
    • Past Member, firmwide Commercial Litigation Department Steering Committee, 1995-2005
    • Past Member, Attorney Evaluation Committee
    • Past Member, firmwide Pro Bono Committee
    • Trial Law Institute, Litigation Counsel of America
    • Diversity Law Institute,  Litigation Counsel of America

Professional Recognition

    • Selected as a "West Coast Top Rated Lawyer" by the National Law Journal, 2019
    • Selected Top Rated Lawyers in Northern California, 2019
    • Named one of the "Best Lawyers in America" in Commercial Litigation by Best Lawyers, 2013-present
    • Fellow, Litigation Counsel of America (limited to top 1/2 of 1% of lawyers in America), 2018-present
    • Selected to "Northern California Super Lawyers," Thomson Reuters, 2004-2023
    • Named a "Stand-Out Lawyer" (formerly "Acritas Star Lawyer") by Thomson-Reuters, 2018-present
    • Martindale-Hubbell AV Preeminent Rating, 1997-present
    • Selected to "America's Most Honored Professionals," Top 5%, each year of publication
    • Avvo Superb Rating
    • Named one of the "Best Lawyers in the Bay Area" by Bay Area Lawyer Magazine, each year of publication
    • Named to "Energy Arbitrators List," Institute for Energy Law, 2014
    • Listed in Who's Who in American Law, 1988-present
    • Listed in Who's Who in American Law Schools, 1982

Background

    • Former Partner, Brobeck, Phleger & Harrison
    • Former Partner, Musick, Peeler & Garrett LLP
    • Former Judicial Law Clerk, Hon. Robert Boochever, U.S. Court of Appeals for the 9th Circuit
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