Marc Brainich
Marc Brainich is a distinguished attorney in our Oakland office who has more than 25 years of business litigation experience. His dynamic practice focuses on matters such as public entity liability, mass toxic torts, medical professional liability, and personal injuries across various industries, including governmental entities, healthcare providers, major energy producers, manufacturers, and shipping companies. He brings substantial experience to the firm’s well-established business litigation practice.
Outside of work, you may find Marc backpacking or cross-country skiing in the Sierra Nevada and the Trinity Alps, walking his 90lb hound at Fort Funston, or coaching the barbel lifts at his gym. Marc and his wife also enjoy hiking, exploring the wine country, and travelling to Greece.
Education
- J.D., University of California, Hastings College of the Law
- M.A., University of California, Berkeley
- B.A., University of California, Santa Barbara
AREAS OF PRACTICE
Experienced, forward-thinking advocates who go beyond the expected for clients in dispute prevention and resolution.
Fennemore’s seasoned eminent domain team provides advice and litigation support to both public entities and private land owners through all stages of project planning and acquisition.
Our regulatory attorneys have helped develop and define laws shaping our region for more than a century. We serve clients at all levels of state, county and municipal government as well as numerous federal agencies.
Our real estate practice is one of the largest in the American West, including Arizona, California, Colorado, Nevada and Washington with experience in all aspects of the real estate development process, from due diligence, acquisition and finance, through land use permitting and entitlements, to leasing and sale.
ARTICLES AND PRESENTATIONS
- Presenter, “Take-Home Asbestos Exposure: Two Pending California Supreme Court Cases,” Sedgwick, September 2016
- Author, “California District Court Grants Summary Judgment based on Lack of Evidence Supporting Claims for Asbestos Exposure,” Sedgwick, May 2015
- Author, “Washington District Court Holds that CERCLA Displaces Federal Common Law Public Nuisance Claims,” Sedgwick, February 2015
- Author, “NY Lessees Are Not Liable Under CERCLA As Owners,” Law360, December 18, 2014
- Author, “New York District Court Holds Lessee Not Liable Under CERCLA as an Owner,” Sedgwick, November 2014
- Author, “Texas Supreme Court Declines to Address Recovery for Stigma Damages in the Absence of a Permanent Physical jury to Property,” Sedgwick, September 2014
- Author, “U.S. Court of Appeals Dismisses Almost All Claims of Ecuadorian Provinces and Individual Plaintiffs Against DynCorp,” Sedgwick, June 2014
- Author, “Ninth Circuit Upholds BLM’s Environmental Assessment Allowing Expansion of the Reid Gardner Generating Station,” Sedgwick, December 2013
- Author, “California Appellate Courts Impose Significant Limitations on Plaintiffs’ Claims for Medical Damages,” Sedgwick, Spring 2013
- Author, “Ninth Circuit Finds No Duty to Warn in Light of the State of the Art Regarding the Specific Risks of Taser Use,” Sedgwick, August 2012
- Author, “Northern District of California Finds Disputed Oral Statements Made Off-The-Record Do Not Trigger Removal,” Sedgwick, July 2012
- Co-Author, “Significant Rulings from the Deepwater Horizon Court on Discovery and Evidentiary Matters,” Sedgwick, April 2012
- Author, “US Supreme Court: State Law Claims Against Locomotive Manufacturers Are Preempted by Federal Law,” Sedgwick, March 2012
- Author, “California Court of Appeal Finds Possible Liability Under Privette Doctrine of Retained Control,” Sedgwick, February 2012
PROFESSIONAL AND COMMUNITY ACTIVITIES
- Member, Alameda County Bar Association
- Member, California Bar Association
Admissions
- California
- U.S. District Court, Eastern District of California
- U.S. District Court, District of North Dakota
- U.S. Court of Appeals, Ninth Circuit