Mark C. Holscher

Ask Mark C. Holscher about his caseload and he answers by talking about the young Kirkland partners he is working with.

For instance, he credits partner Tammy Tsoumas with their success in what he called cybersecurity False Claims Act cases. Those are lawsuits accusing defense contractors of violating the act by failing to meet strict governmental cybersecurity protocols during their work.

He, and especially Tsoumas, have developed an expertise and reputation in the specialized field. “We’re really the only firm that’s actually litigated one of these things, although we settled it.” U.S. ex rel. Markus v. Aerojet Rocketdyne Holdings Inc., 2:15-cv-02245 (E.D. Cal., filed Oct. 29, 2015).

Since that mid-trial settlement in July 2022, the firm has been retained in two similar, still confidential, cases, he said.

Holscher described his role in litigation as senior strategic trial counsel. He works with his younger partners on strategy, “but in a way … to create the room and space for them to be … fully prepared to be lead counsel on their own.”

In the Aerojet trial, he handled voir dire, while Tsoumas presented the opening statement. They split witnesses. “She really shined.”

He also works regularly with New York partner Matthew Solum, “one of the leading securities class action litigators in the country.”

They and Los Angeles partner Austin C. Norris represent Wynn Resorts in a putative shareholder class action arising from a stock drop prompted by allegations of sexual misconduct against Steve Wynn. They won two dismissal motions and now are awaiting a ruling on summary judgment. “They’re doing a phenomenal job driving that case,” he said of his partners. Ferris v. Wynn Resorts Limited, 2:18-cv-00479, (D. Nev., filed March 13, 2018).

In addition, Holscher, Solum and Norris together are defending a company and principals in securities litigation over the company’s 2021 IPO. Waswick v. Torrid, 2:22-cv-08375 (C.D. Cal., filed Nov. 16, 2022).

Holscher is also litigating some real estate cases with Norris.

He represents Wynn Resorts in several other matters, including an unusual antitrust class action alleging it and other hotels colluded to artificially inflate room rates on the Las Vegas Strip through computer algorithms. Tsoumas is working on that case with him. Gibson v. MGM Resorts International, 2:23-cv-00140 (D. Nev., June 25, 2023).

— Don DeBenedictis