Mark T. Cramer

Shareholder

Direct: (213) 891-5067
Email: [email protected]
Offices: Los Angeles
Bar Admissions: California

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Mark T. Cramer is a Shareholder in the Los Angeles office and Chair of the Firm’s Class Action Practice Group. Mr. Cramer advises clients ranging from Fortune 50 corporations to start-up companies about how to manage actual and potential business disputes in the context of their overall business goals. He collaborates with clients, their executives, and in-house counsel to formulate and implement customized litigation strategies. For example, where the client’s primary business interest was to resolve litigation to make the company more attractive to a prospective buyer, he negotiated a quick and favorable settlement to eliminate the exposure associated with the lawsuit. By contrast, when a large company was concerned that it was developing the reputation of being an easy mark for frivolous litigation, Mr. Cramer engineered a hard-nosed and aggressive defense that resulted in a complete victory for the client and sent a message to the plaintiff’s bar that the company would rather pay its attorneys than settle meritless claims.

Mr. Cramer’s clients have included national and international brands such as Accenture, AG Adriano Goldschmied, Inc., Home Depot, Pabst Brewing Company, Warner Bros., as well as financial services companies, a variety of startups, and their executives, directors, and officers.

Mr. Cramer has represented clients in litigated disputes filed in state and federal courts throughout California and in federal courts throughout the country, including before the Ninth Circuit Court of Appeals and the United States Supreme Court. He has also resolved numerous cases through arbitration and mediation.

Pre-Litigation Counseling

Mr. Cramer regularly advises businesses and their principals about whether they have a viable claim or defense, the benefits and drawbacks of various dispute resolution options, and litigation-avoidance strategies. Specifically, Mr. Cramer has counseled startups and established companies in industries such as advertising, technology, retail, fashion, real estate, home security, privacy, food services, as well as professional service firms. Mr. Cramer’s pre-litigation counseling and strategic guidance has helped clients facing problematic situations involving contracts, breach of fiduciary duty, negligence, unfair competition, false advertising, fraud, trade secrets, trade libel, partnership disputes, private equity and shareholder disputes, as well as class actions. Examples include:

In connection with potential private equity or M&A transactions, assessed litigation pending against the target-companies and advised clients and transactional counsel on likely exposure and outcomes.
Advised executives of a large consumer technology company regarding potential litigation exposure resulting from an employee’s personal comments and posts on an internet message board regarding a company competitor’s technology.
Reviewed clients’ draft advertising materials, flagged potential issues, and proposed alternative language or approaches to minimize litigation risk.
Counseled clients on appropriate response to demand letters threatening class action lawsuits under various legal theories and statutes including the California Consumers Legal Remedies Act, California’s Unfair Competition Law and False Advertising Law, and the Telephone Consumer Protection Act (“TCPA”).

Media and Speaking Engagements

Mr. Cramer’s articles discussing litigation strategy and ongoing changes in substantive law have been published in journals and magazines such as Bloomberg Law Reports and Los Angeles Lawyer magazine and he speaks regularly to lawyers and client groups about cutting-edge issues in business litigation.

Most recently, Mr. Cramer has been recognized in the Best Lawyers of America, Commercial Litigation, for 2024. Mr. Cramer was also honored with the 2023 Distinguished Alumnus Award from Pepperdine University’s Caruso School of Law. Mr. Cramer has been named one of Southern California’s Super Lawyers (2014-2021). Additionally, for six consecutive years (2007-13), he was named a “Rising Star” and featured in Los Angeles Magazine. Mr. Cramer has also been recognized by The Los Angeles Business Journal as a “Leader of Influence: Litigation & Trial Lawyer” in 2020 and 2021.