
"Marc Axelbaum is a go-to resource for corporate and individual clients to handle sensitive internal and regulatory investigations, as well as defending enforcement actions. Marc is thorough, thoughtful and strategic. He is extremely good on his feet, able to adapt to new facts and is passionate in his representation of his clients."
“He has excellent judgment in what buttons to press, he's an excellent advocate and is extremely collegial. His sheer likability makes him even more effective."
Chambers USA
Marc is a versatile litigator whose practice encompasses criminal and civil litigation, sensitive investigations, and trusts and estates disputes for high-net-worth individuals. He joins us in San Francisco, where he handles high-stakes matters for clients across a range of industries, including renewable energy, life sciences, health care, technology, financial services, real estate, and construction. Marc works with US and international companies, executives, public officials, and individuals.
As a go-to resource for clients at all stages of investigations and disputes, Marc regularly conducts internal investigations and helps clients avoid charges and litigation. When litigation is unavoidable, Marc takes the lead role in representing clients in federal and state trial and appellate courts around the country, in arbitrations, and before regulatory agencies. In addition to his white collar and investigations practice, he also has an active trusts and estate practice focused on managing complex and often multifaceted disputes for high-net-worth individuals.
Prior to joining Mintz, Marc was a partner at a global law firm, where he served as the leader of the Northern California Corporate Investigations & White Collar Defense Practice and a co-leader of the firm’s Litigation – Trusts, Estates and High Net Worth team. In those roles, he represented institutional and individual clients in a broad spectrum of litigation and investigations. Earlier, he practiced at a criminal defense boutique and at a San Francisco–based, full-service law firm.
Mr. Axelbaum served on the Criminal Justice Act Panel, appointed by the judges of the U.S. District Court for the Northern District of California to represent indigent defendants in federal criminal cases.
Earlier in his career, Marc served as a law clerk for the (late) Honorable Peter K. Leisure of the US District Court for the Southern District of New York and the Honorable Marsha S. Berzon of the US Court of Appeals for the Ninth Circuit.
My team was incredible -- especially my main partner Marc Axelbaum
Karen Richardson, Doma Holdings, Inc.
(This quote was published in US News and World Report's Best Lawyers guide when Mr. Axelbaum was at a prior firm)
"Marc Axelbaum is a go-to resource for corporate and individual clients to handle sensitive internal and regulatory investigations, as well as defending enforcement actions. Marc is thorough, thoughtful and strategic. He is extremely good on his feet, able to adapt to new facts and is passionate in his representation of his clients."
“He has excellent judgment in what buttons to press, he's an excellent advocate and is extremely collegial. His sheer likability makes him even more effective."
Chambers USA
Experience
Representative Experience
- Served as lead counsel for a former senior executive of a renewable energy company in high-profile fraud investigations brought by the Justice Department and federal regulators. No charges were brought in the matters.
- Defended a real estate investment fund in a three-judge arbitration related to the client’s foreclosure on a substantial mezzanine loan. Defeated all claims and recovered attorneys’ fees and costs.
- Represented an octogenarian in a proposed conservatorship and related elder abuse case, in addition to coordinating a divorce action. The matter involved unwinding our client’s husband’s efforts to divest our client of her family fortune and recovering assets that had been transferred. We argued three motions strategically, wrote numerous briefs analyzing various intricacies of the California Probate Code and litigation procedure, and assembled supporting evidence. We achieved a total victory, defeating petitions for temporary and general conservatorship, which led the other side to withdraw the elder abuse petitions and pay attorneys’ fees in the process.
Criminal Matters, Regulatory and Internal Investigations, and Parallel Proceedings
Energy (Traditional and Renewable)
- Represented a client in a DOJ and Treasury Department investigation of an energy company’s valuation of renewable projects.
- Represented a major energy company in criminal and SEC investigations of certain allegedly fraudulent accounting practices. No charges or litigation were ever brought against our client.
- Represented a high-profile individual defendant in one of the Enron Task Force’s first criminal cases.
- Represented a renewable energy company in the referral of a fraud and embezzlement scheme to federal prosecutors.
Health Care, Life Sciences, and Related Matters
- Acted as lead counsel for a global manufacturer of durable medical equipment in criminal and civil False Claims Act and Anti-Kickback Statute (AKS) investigations.
- Served as lead counsel for a global health care data and services company in multiple anti-kickback and False Claims Act proceedings in jurisdictions across the country.
- Represented a senior executive in criminal and civil investigations of the alleged off-label promotion of pharmaceutical products.
- Acted as lead counsel for a manufacturer of laboratory equipment in an internal investigation of the elaborate fraud and embezzlement by a senior officer and the subsequent referral of the matter to federal prosecutors. Our work resulted in the officer making a restitution payment to our client of all misappropriated funds and all legal fees incurred in the investigation.
- Represented a life sciences company and its founder/CEO in federal and state criminal and civil investigations into allegations of fraudulent lab testing results and environmental and workplace safety issues.
- Represented a world-class athlete and coach in criminal investigations into alleged steroid distribution by the BALCO nutritional laboratory.
Financial Institutions and Investment Funds
- Conducted an internal investigation into the valuation/risk ratings of a regional bank’s loan- and real estate-owned portfolios and alleged misstatements by officers to the bank’s finance department and outside auditors. Handled subsequent investigations by the US Attorney’s Office and state and federal regulators.
- Represent numerous clients in government investigations and prosecutions of hedge funds and expert networks, including in an investigation of pre-IPO share trading.
- Represented a leading financial institution and certain of its employees in an SEC investigation into the bank’s mortgage portfolio and allowance for loan losses.
- Conducted an internal investigation into a public pension fund’s real estate investments.
- Advised a leading financial institution on complying with a district attorney’s search warrant.
- Represented an employee of an investment bank in insider trading prosecution.
Construction
- Led a construction company’s investigation into kickback allegations and represented the client in related civil litigation.
- Conducted a major construction company’s internal investigation into whistleblower allegations of fraud concerning percentage of completion accounting.
Technology, Fintech, and Telecommunications
- Led an internal investigation for a fintech company on various books and records issues.
- Represented the former president of a major internet software and services industry corporation charged with revenue recognition fraud in connection with a restatement of earnings by the company.
- Served as lead counsel for a computer networking company in an internal investigation of a theft of trade secrets and the subsequent referral of the matter to federal prosecutors.
- Conducted an internal investigation into an elaborate fraud by a senior officer of a software company who misappropriated personnel, trade secrets, and other assets. Secured a civil injunction against the officer.
- Represented the IT director of a computer networking company in a prosecution for theft of trade secrets.
- Represented a telecommunications company in responding to various grand jury subpoenas.
Public Corruption and Political Affairs
- Served as lead counsel for a former public official prosecuted for bribery and honest services fraud.
- Represented a former high-ranking South Korean government official facing extradition to face bribery and campaign finance violations after the client’s political party lost the presidential election in Korea.
- Represented the alleged leader of a separatist political party in India in contesting an international extradition request.
- Represented the government of Sweden in connection with habeas corpus proceedings initiated by a Swedish national imprisoned in California.
Civil and Commercial Matters
- Defended a real estate investment fund in a three-judge arbitration arising from the client’s foreclosure on a substantial mezzanine loan. Defeated all claims and recovered attorneys’ fees and costs.
- Represented a real estate investment fund in litigation against a developer in relation to the financing and sale of a commercial project. Defeated a preliminary injunction motion and settled the case favorably for the client.
- Served as the lead counsel for a major general contractor in litigation surrounding alleged kickbacks on a significant public construction project.
- Acted as lead counsel for a leading data security company in class action data breach litigation around the country.
- Represented a global telecommunications company in class actions that alleged the company cooperated in the NSA’s Terrorist Surveillance Program.
- Represented independent expenditure committees in enjoining a local ordinance that prevented them from speaking out in favor of or against candidates for elective office.
- Acted as lead counsel for a world-renowned scientist in securities litigation involving public statements about a major arthritis drug.
- Represented plaintiffs asserting civil rights claims for excessive force and illegal searches and seizures committed by a number of government officials. Defeated summary judgment and defended the ruling on appeal. The case settled on very favorable terms.
- Represented a computer printer manufacturer in unfair competition litigation challenging disclosures of inkjet printer speeds.
- Represented a school district in a federal class action litigation over its special education programs.
- Represented a leading computer hardware manufacturer in defending against trademark infringement allegations in a case that raised novel questions of intellectual property law.
News & Press
"Marc Axelbaum is a go-to resource for corporate and individual clients to handle sensitive internal and regulatory investigations, as well as defending enforcement actions. Marc is thorough, thoughtful and strategic. He is extremely good on his feet, able to adapt to new facts and is passionate in his representation of his clients."
“He has excellent judgment in what buttons to press, he's an excellent advocate and is extremely collegial. His sheer likability makes him even more effective."
Chambers USA
Recognition & Awards
- Chambers USA: California – Litigation: White-Collar Crime & Government Investigations (2021– 2023)
- Best Lawyers in America: Criminal Defense – White-Collar Law (2020 – 2024)
- Recommended by The Legal 500 United States for White-Collar Criminal Defense (2014 – 2016)
- Recognized by Super Lawyers (2013 – 2021)
"Marc Axelbaum is a go-to resource for corporate and individual clients to handle sensitive internal and regulatory investigations, as well as defending enforcement actions. Marc is thorough, thoughtful and strategic. He is extremely good on his feet, able to adapt to new facts and is passionate in his representation of his clients."
“He has excellent judgment in what buttons to press, he's an excellent advocate and is extremely collegial. His sheer likability makes him even more effective."
Chambers USA
Involvement
- Board Member, Palisades Tahoe Community Foundation
- Former Member, Executive Committee, Northern District of California Chapter, Federal Bar Association
- Former Member, Steering Committee, San Francisco Young Lawyers Division, ABA White Collar Crime Committee
- Past Chair, Criminal and Constitutional Law Section, San Francisco Barristers Club
- Former member, Board of Directors, OneJustice (formerly Public Interest Clearinghouse)