Marc J. Shrake
Telephone: (213) 236-1691
Marc Shrake focuses his practice on complex business disputes. He represents clients in state and federal jurisdictions across the country. Marc has prevailed in trial and appellate courts in cases involving insurance coverage, commercial property losses, business torts, professional standards, health care, internet commerce, intellectual property, the RICO Act, government investigations, and financial institutions. Marc is licensed to practice in California, Minnesota, and Texas, and he has appeared pro hac vice in numerous other jurisdictions.
Marc’s representative experience includes the following:
Insurance Coverage and Litigation
- Litigating commercial property and business loss insurance coverage claims arising from fire and other industrial losses, contingency non-appearance and event cancellation, war and warlike activity, product contamination and recall, 9/11, hurricanes, earthquakes, water, wind, mold, builder’s risk, crime, and other events.
- Litigating casualty insurance coverage claims brought under general liability, employment practices liability, errors and omissions liability, health care liability, workers’ compensation, and directors and officers liability coverages arising out of technology products, employment practices, professional practices, environmental claims, advertising injury, business torts, and other claims and occurrences.
- Obtaining Missouri Court of Appeals decision affirming summary judgment for national insurance company accused of conspiring to drive public insurance adjusters out of business.
- Defending insurance broker against claims brought by named payee under property policy after insurer denied property damage claim.
- Defending insurance broker in investigation by New York Attorney General for alleged kickbacks by insurers.
- Obtaining multimillion-dollar property insurance recovery for world’s largest rubber plantation after rebels overran plantation during Liberian civil war.
- Obtaining multimillion-dollar property insurance recovery for international food company following application of unapproved pesticide to raw oats used to make popular breakfast cereal.
- Defending home furnishings manufacturer in rescission action brought by products liability insurer following accident with manufacturer’s product.
- Obtaining multimillion-dollar recovery for large warehousing/logistics employer against workers’ compensation insurance broker for mishandling insurance placement and reporting.
Business and Commercial Litigation
- Defending national health care provider against civil RICO and fraud claims and criminal investigations for admissions and billing practices, resulting in company-saving resolutions of all actions.
- Obtaining multimillion-dollar recoveries against manufacturer and installer of hazardous building material that caused $100 million fire and destroyed steel plant.
- Winning complete defense verdict and full recovery on counterclaim for national hardware distributor against retailers claiming RICO conspiracy to drive retailers out of business.
- Obtaining multimillion-dollar recovery against staffing agency’s former officer in trade secrets lawsuit to protect client list and other confidential information.
- Obtaining summary judgment for traffic control systems supplier alleged to have infringed patent.
- Securing landmark Supreme Court of California decision on non-reviewability of arbitral awards.
- Winning summary judgment on behalf of international airport board in equal protection lawsuit by landowners seeking to block runway-expansion project.
- Negotiating multimillion-dollar settlements for former CEO, CFO, and general counsel of international bank in executive compensation dispute.
- Business and Commercial
- Fidelity and Crime Insurance
- Insurance Coverage and Litigation
- Professional Liability
- Subrogation and Recovery
- University of Chicago Law School, Chicago, Illinois, J.D., 1991
- College of St. Thomas, St. Paul, Minnesota, B.A. summa cum laude, 1988
- Avoiding the Special Relationship Zone for Insurance Brokers (co-author with Albert K. Alikin), California Asian Insurance and Financial Professionals Association, March 2016 Gala Magazine
- Practice Guide — 50 States Reservation of Rights Compendium (co-author with Albert K. Alikin and Jennifer Muse), Defense Research Institute, 2014
- Appellate Dissent Maps Potential Challenge to Bad Faith Punitive Damages (co-author with Albert K. Alikin), ABA Insurance Coverage Litigation Committee, September 10, 2014
- The Causation Question in Property Insurance, New Appleman on Insurance Law, Chapter 44, August 2011
- Hurricane Storm Surges and Property Insurance: What’s the Coverage Climate? ABA Insurance Coverage Litigation Committee’s Hot Topics, January 2009
- The Racketeer Influenced and Corrupt Organizations Act: Standing to Bring a Civil Action, ABA’s The Briefcase, May 1994
Speeches and Presentations
- “Is There a Target on My Back? (or, Understanding E&O and Minimizing Your Exposure),” California Asian Insurance and Financial Professional Association’s Property and Casualty Seminar, August 2011
- “The ABC’s of Insurance Coverage Claims,” Insurance broker seminar, March 2011
- “Defending Employment Litigation: Looking for Coverage in All the Right Places,” Southern California Labor and Employment Law Seminar, November 2010
- “Understanding Products Liability Insurance & Product Recall Insurance,” Client seminar, November 2010
- “The Wide, Wide World of Insurance: Recent Developments,” Insurance broker seminar, October 2007
- “Shaken, Not Stirred: Adjusting Earthquake Losses,” Client seminar, May 2006
- “Staying Out of the Thicket: California Fair Claims Settlement Practices,” Client seminar, October 2004, November 2005
- ABA Litigation Section, Insurance Coverage Litigation Committee,
Property Insurance Subcommittee, Co-Chair, 2007-present
- Loss Executives Association, Member, 2013-present
- Claims and Litigation Management Alliance, Member, 2015-present
- ABA General Practice Section, Litigation Committee, Vice-Chair, 1992-1994