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Mark Holscher

| Sep. 10, 2014

Sep. 10, 2014

Mark Holscher

See more on Mark Holscher

Kirkland & Ellis LLP | Los Angeles | Practice Type: Litigation | Specialties: complex commercial disputes & white collar defense


Holscher accidentally continued making a name for himself in entertainment law.


After representing a group of investors in a lawsuit with Paramount Pictures Corp. for not seeing a return on their $375 million investment last year, Holscher now represents U.K. investment fund Goldcrest Film Distribution in its fight against Summit Distribution to recover millions in lost revenue from the popular Twilight film franchise. Goldcrest Film Distribution III Limited v. Summit Distribution LLC, BC542127 (L.A. Super. Ct., filed April 9, 2014).


Another case Holscher is working on with similarities to the Paramount case is with his client, New York hedge fund Elliott Management, suing Universal Studios for not seeing a return on its over $2 billion investments in 60 of the studios' films.


"It's been interesting for me," he said of becoming a leading lawyer in the film finance industry. "I would say it's an area where I have expertise, but truly I do a lot of state and federal litigation."


His entertainment litigation has even expanded to venues with Holscher representing Sioux City Entertainment Inc. in Iowa to open a Hard Rock Hotel & Casino when Penn Gaming Co.'s casino was ordered to close for losing its gambling license. Penn Gaming filed for bankruptcy to keep the casino open, which the U.S. District Court of Eastern District of Pennsylvania denied the request and ordered it to close. In Re Iowa Gaming Company LLC, 14-13904-REF and related Adversary Proceeding 4-14-0028 (E.D. Penn.) and Belle of Sioux City LP vs. Iowa Racing and Gaming Commission et al., CVCV009254.


While juggling the entertainment lawsuits, Holscher also represents Raytheon Co. in several actions, including one against Caltex Plastics in which Caltex accuses Raytheon of breach of contract by not purchasing its products under a contract with the Department of Defense. Holscher helped Raytheon have the Central District Court dismiss the case with prejudice since Caltex alleged unfair business practices under a contract that is not theirs. Caltex has appealed. Caltex Plastics Inc. v. Raytheon Company, CV14-504 (C.D. Cal., filed Jan. 22, 2014).


While an undergrad at UC Berkeley, Holscher worked at some law firms, which ignited his passion to attend law school. "It interested me, and then it became a crime of pursuit," he said.


During law school at Berkeley, Holscher completed an externship for Judge William D. Keller, who he calls "one of the world's great characters," and witnessed a lot of trial experience.


Holscher currently represents BP West Coast Products against the California Air Resources Board for violating the state's updated fuels regulation at its Cherry Point refinery. The case may become the first major lawsuit dealing with 2010's Senate Bill 1402, which requires CARB to provide transparent communications on enforcing and changing regulations to the companies and the public. People of the State of California ex rel California Air Resources Board v. BP West Coast Products LLC, C12-00567 (Contra Costa Super. Ct., filed March 7, 2012).

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