Mark C. Holscher

Like many defense attorneys, Holscher spends a lot of time keeping the attention away from his clients. That also applies to himself, as he attributes much of his success to a team effort.

“I’m lucky we have a really outstanding trial team here. No one is trying cases by themselves. I am most pleased of this deep bench of quality trial lawyers,” said the Kirkland & Ellis partner.

Although he does a lot of entertainment cases, Holscher’s work recently has dealt with environmental and regulatory law. Over the last two years, he beat back seven lawsuits by a rival casino trying to thwart the required approvals for the construction of his client’s $425 million del Lago Resort & Casino in Seneca County, New York.

First, a state Supreme Court judge rejected the group’s lawsuit that sought to overturn the New York State Gaming Commission’s issuance of a gaming license to del Lago. In the second decision, a New York appellate court dismissed the group’s challenge to the environmental approvals obtained by del Lago. Casino Free Tyre et al. v. Town Board of the Town of Tyre et al., 16-00209 (N.Y. Sup. Ct. Jan. 29, 2016).

Over the summer, the New York Supreme Court unanimously affirmed a lower court ruling upholding the Seneca County Industrial Development Agency’s award of tax abatement relief to del Lago. The agreement will provide del Lago with millions of dollars in critical tax relief over the next several years.

“That was hard-fought litigation,” said Holscher, who has been practicing law for nearly 30 years and credits early trial experience as an assistant U.S. attorney. Dagmar Nearpass et al. v. Seneca County Industrial Development Agency et al., 1601791, N.Y. Sup. Ct. Aug. 18, 2016).

Holscher was also recently lead attorney representing BP West Coast Products LLC in an environmental case in which the California Air Refinery Board alleged a slew of environmental violations over the composition of fuel imported from the company’s Washington state refinery.

During phase two of the three-week trial, the agency sought up to $75 million dollars in penalties if strict liability and negligence were found. A judge ultimately issued a tentative ruling awarding just $2.5 million. 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).

— Justin Kloczko