Mark C. Holscher

LMark C. Holscher is a veteran Kirkland & Ellis LLP partner who specializes in complex commercial, white collar and regulatory investigations and litigation. He is a fellow of the American College of Trial Lawyers and the International Academy of Trial Lawyers.

L"I've been here 15 years now, and it has been a pleasure to build a high-level trial practice composed of multiple first chair trial lawyers -- many of whom I have seen develop from their early careers to their current outstanding status," he said.

LIn a major first-of-its-kind case involving qui tam claims and alleged cybersecurity fraud, for example, Holscher co-led the defense with colleague Tammy A. Tsoumas. "She gave a terrific opening statement," Holscher said. The whistleblower was the client's former senior director of cybersecurity, compliance and controls who alleged his company, Aerojet Rocketdyne Holdings, Inc., made false statements regarding federal cybersecurity regulatory compliance. He sought at least $2.6 billion in damages. U.S. ex rel. Brian Markus v. Aerojet Rocketdyne Holdings Inc. et al., 2:15-cv-02245 (E.D. Cal., filed Oct. 29, 2015).

LPressures on the case as it reached trial in April 2022 included efforts by defense giant Lockheed Martin Corp. to acquire Aerojet amid antitrust objections by the Federal Trade Commission, plus a new civil cyber-fraud initiative by the Biden Administration.

LThe matter settled after two days of trial for $9 million. Holscher and his team had won summary judgment on more than half the claims at issue and obtained favorable pretrial rulings. "They tried to inflame the jury at voir dire by asking whether prospective jurors had ever been ripped off by an auto mechanic," Holscher said. "I asked whether they'd then gone back to the same mechanic 20 more times -- because our client's sophisticated customers were fully aware of the relator's claims and were very pleased with our client's performance." In a battle within the entertainment industry over theatrical screening versus direct-to-consumer streaming, Holscher represents the co-owner of "The Matrix" film franchise in a lawsuit against a major studio. Village Roadshow Films (BVI) Ltd. et al. v. Warner Bros. Entertainment Inc. et al., 22STCV04606 (L.A. Super. Ct., filed Feb. 7, 2022).

L"The issue for us is that we co-own the copyright and we co-financed the film and we get a share of the theatrical release, but they released "The Matrix Resurrections" simultaneously for free on HBO Max, its streaming platform, and they don't share streaming revenues," Holscher said. The matter is currently in arbitration.

LIn that matter, Holscher is working with colleagues Ashley E. Neglia and Diana M. Torres. He also commended Sierra Elizabeth for her work on two of his other matters. "I do enjoy working with these folks on challenging cases," he said.