Handles high-profile, complex business disputes across the country and for large public and private companies.
Defends against securities litigation and consumer fraud class and mass actions.
Heads the firm’s California litigation practice, and is co-leader of the firm's national class action practice.

Neal Marder is a seasoned trial lawyer with a diverse civil litigation practice. He works with in-house counsel, senior management and boards of directors for companies, oftentimes facing high-profile, bet-the-company business disputes. Neal has successfully tried cases on both the plaintiff and defense side before state and federal courts and arbitrators across the country. He also has substantial cross-border litigation experience.

Neal also brings his over 37 years of experience as lead trial counsel to bear in defending against class action suits of all types. He has done so with a high rate of success: dismissals at the pleading stage, rulings striking entirely or narrowing class claims, decisions denying class certification and highly favorable settlements are all among the results he regularly delivers to clients. In recent years, he has also arbitrated several matters to successful resolution, including a six-week arbitration involving multiple breach of contract and breach of fiduciary duty allegations.

Neal maintains a versatile practice and works with companies across a variety of industries, including energy, food and beverage, entertainment, transportation, consumer products and real estate. He also handles a broad range of other litigation, including:

Business and consumer torts
Intellectual property
Securities
White collar
RICO
Real estate.

Clients value Neal’s collaborative approach, accessibility, strategic thinking, his commitment to keeping them regularly informed, and his ability to find cost-effective litigation tactics that minimize exposure. He is pragmatic, but can also be aggressive and competitive in the courtroom when necessary. Neal was recognized by his peers in The Best Lawyers in America 2020 as “Lawyer of the Year” for Mass Tort Litigation / Class Action - Defendants in Los Angeles.

Representative Work

Trials and Arbitrations

Represents Grain Belt Express Holdings LLC in an action in New York Supreme Court against Invenergy Transmission LLC involving an $80 million dispute over the alleged violation of a restrictive covenant in connection with the development of a competing energy transmission project.
Represented an energy company in a significant JAMS arbitration alleging negligent misrepresentation, breach of contract, and professional negligence dispute. The company initiated the dispute to recover millions of dollars in damages caused by the faulty work of one of its subcontractors on a renewable energy project.
After a six-week jury trial, secured a $42.5 million verdict, including $30 million in punitive damages, for a California-based distributor of home comfort products in a federal lawsuit against one of the world's largest manufacturers of air conditioners and dehumidifiers—among the largest trial verdicts in California that year.*
Successfully tried to verdict an action for breach of contract and guaranty on behalf of an investment management company, prevailing on liability and damages of $13 million within an additional phase of trial pending concerning pre-and post-judgment interest.
Represented a real estate investment firm and its founder and CEO in a six-week arbitration involving multiple breach of contract disputes over several real estate ventures, as well as allegations of breach of fiduciary duty. Our clients were awarded substantial damages and ownership rights in various properties in dispute. The arbitration award was confirmed in California state court.

Represented a former founding member of an independent film production company in a breach of fiduciary duty matter arising out of $4 billion merger, achieving a phenomenal resolution through arbitration.
Represented a construction company in a “bet the company” partnership dispute, alleging that the general partner breached its contractual and fiduciary obligations and mismanaged the partnership, entitling the company to monetary damages and equitable relief.
Represented a business partner in a long-term real estate joint venture in a breach of fiduciary duty arbitration proceeding, substantially prevailing on all claims.
Represented a major insurance company in a nationwide class action involving its life insurance sales practices that resulted in a settlement with a class of millions of policyholders. At the time, this was the largest settlement of a class action in U.S. history. The suit involving alleged fraud committed by company agents in connection with vanishing premiums of life insurance policies.*

*Matters handled prior to joining Akin.

Class Actions

Successfully represented a prominent trucking company in a “bet the company” class action litigation regarding alleged misrepresentations to 18,000 drivers in connection with earning potential and benefits.
On behalf of a major restaurant chain, secured the dismissal with prejudice of a putative consumer class action in federal district court. The suit alleged misleading and deceptive business practices in connection with suggested gratuity amounts on split checks.
Obtained nationwide approval of a class action settlement, resolving more than a dozen putative statewide consumer fraud class actions filed around the country. The client was the underwriting entity of a premier global insurance company.
Secured dismissals with prejudice of Telephone Consumer Protection Act (TCPA) class action matters on behalf of a home furnishing retailer and a concert promoter.
Secured a critical victory for an emergency medical response provider, successfully opposing class certification in a high-stakes matter with more than $100 million in potential exposure. The case alleged violations of a California state law that prohibits the intentional recording of all communications involving cellular and cordless telephones.
Successfully defended a rubber track manufacturer in a class action in California state court alleging violations of a California state law that prohibits the intentional recording of all communications involving cellular and cordless telephones.
Representing a governmental entity in a putative class action involving its COVID-19-related policies and practices.
Defending a leading infrastructure company in a mass action involving product liability claims brought by a neighboring community seeking damages for personal injury and property damage arising out of the Silverado wildfire.

Securities Litigation

Successfully defended a global technology company in a high-profile consolidated securities class action and a putative stockholder class action in New York federal and state courts against claims of securities fraud and breaches of fiduciary duty related to the announcement of a contemplated $765 million loan from the U.S. International Development Finance Corporation to support the launch of the company’s pharmaceutical manufacturing business. Both cases were dismissed in full with prejudice at the threshold motion to dismiss stage.
In a shareholder class action lawsuit alleging insider trading and control person liability, negotiated a highly successful settlement on behalf of an investment fund. The outcome was achieved after obtaining orders denying a second attempt at class certification and shortening the proposed class period, and forcing plaintiffs to withdraw a key expert witness.
Representing a hedge fund in a securities fraud class action in the Northern District of California arising out of allegations of insider trading related to the company’s spring-loading options.

Represented a former founding member of an independent film production company in a breach of fiduciary duty matter arising out of $4 billion merger, achieving a phenomenal resolution through arbitration.
Represented a construction company in a “bet the company” partnership dispute, alleging that the general partner breached its contractual and fiduciary obligations and mismanaged the partnership, entitling the company to monetary damages and equitable relief.
Represented a business partner in a long-term real estate joint venture in a breach of fiduciary duty arbitration proceeding, substantially prevailing on all claims.
Represented a major insurance company in a nationwide class action involving its life insurance sales practices that resulted in a settlement with a class of millions of policyholders. At the time, this was the largest settlement of a class action in U.S. history. The suit involving alleged fraud committed by company agents in connection with vanishing premiums of life insurance policies.*

*Matters handled prior to joining Akin.

Class Actions

Successfully represented a prominent trucking company in a “bet the company” class action litigation regarding alleged misrepresentations to 18,000 drivers in connection with earning potential and benefits.
On behalf of a major restaurant chain, secured the dismissal with prejudice of a putative consumer class action in federal district court. The suit alleged misleading and deceptive business practices in connection with suggested gratuity amounts on split checks.
Obtained nationwide approval of a class action settlement, resolving more than a dozen putative statewide consumer fraud class actions filed around the country. The client was the underwriting entity of a premier global insurance company.
Secured dismissals with prejudice of Telephone Consumer Protection Act (TCPA) class action matters on behalf of a home furnishing retailer and a concert promoter.
Secured a critical victory for an emergency medical response provider, successfully opposing class certification in a high-stakes matter with more than $100 million in potential exposure. The case alleged violations of a California state law that prohibits the intentional recording of all communications involving cellular and cordless telephones.
Successfully defended a rubber track manufacturer in a class action in California state court alleging violations of a California state law that prohibits the intentional recording of all communications involving cellular and cordless telephones.
Representing a governmental entity in a putative class action involving its COVID-19-related policies and practices.
Defending a leading infrastructure company in a mass action involving product liability claims brought by a neighboring community seeking damages for personal injury and property damage arising out of the Silverado wildfire.

Securities Litigation

Successfully defended a global technology company in a high-profile consolidated securities class action and a putative stockholder class action in New York federal and state courts against claims of securities fraud and breaches of fiduciary duty related to the announcement of a contemplated $765 million loan from the U.S. International Development Finance Corporation to support the launch of the company’s pharmaceutical manufacturing business. Both cases were dismissed in full with prejudice at the threshold motion to dismiss stage.
In a shareholder class action lawsuit alleging insider trading and control person liability, negotiated a highly successful settlement on behalf of an investment fund. The outcome was achieved after obtaining orders denying a second attempt at class certification and shortening the proposed class period, and forcing plaintiffs to withdraw a key expert witness.
Representing a hedge fund in a securities fraud class action in the Northern District of California arising out of allegations of insider trading related to the company’s spring-loading options.

“Neal is a very creative trial strategist. He's simultaneously a very strategic and pragmatic realist who always keeps the client’s interests paramount.”

Chambers USA, 2023

Education
J.D., Loyola Law School, cum laude, 1986
B.A., University of California, Los Angeles, cum laude, 1982

Bar Admissions
California

Recognitions

Daily Journal, Leading Commercial Litigators, 2024.
Los Angeles Business Journal, Leaders of Influence: Litigators & Trial Attorneys, 2022 and 2023.
Chambers USA, Litigation: General Commercial, 2023.
The Best Lawyers in America, Los Angeles Lawyer of the Year, Mass Tort Litigation/Class Actions - Defendants, 2020 and 2023.
Los Angeles Times, Business of Law, Legal Visionaries, 2022.
Los Angeles Business Journal, Top 100 Lawyers, 2022.
The Legal 500 US, General commercial disputes, 2019 to 2023 and Securities litigation: defense, 2023.
Super Lawyers, Southern California, Class Action/Mass Torts, Business Litigation and Securities Litigation, 2007 to 2021.
Los Angeles Business Journal, Top Litigator 2018 and 2020.
Los Angeles Magazine, “Top Attorneys in Southern California,” 2018.
The National Law Journal, “Litigation Trailblazer,” 2016.
The Best Lawyers in America, Mass Tort Litigation/Class Actions - Defendants, 2008 to 2020.
Best Lawyers, “Los Angeles Top Attorney,” 2013 to 2021.
Benchmark Litigation, “California Future Litigation Star,” 2015.

Affiliations and Public Service

Board member, Counsel for Justice of the Los Angeles County Bar Association.
Board member, Bet Tzedek.
Board Member, American Business Trial Lawyers Association.
Member, American Bar Association.
Member, Los Angeles County Bar Association.
Member, Litigation Section, State Bar of California.
Member, Association of Business Trial Lawyers.
Member, Strafford Class Action Advisory Board.

Speeches and Publications

“Class Settlement Approval,” Trial Lawyers of Mass Torts Conference (TLMT), Los Cabos, Mexico, December 7, 2023.
“State of the Real Estate Market; New Approaches to Analyzing Space Needs, Leasing,” Sandpiper Partners’ 15th Annual Los Angeles Legal Market Conference, March 14, 2023.
“The Rise of Class Actions in the UK and EU,” Mondaq webinar, February 8, 2022.
“Class Action Litigation in 2022: Ethical Challenges That Lie Ahead,” Southern California Association of Corporate Counsel, Annual In-House Counsel Conference, January 19, 2022.
“The U.S. Supreme Court: The 2020 Term and Beyond,” Southern California Association of Corporate Counsel, July 21, 2021.
“Best Practices for Navigating Ethical Gray Areas in Class Action Litigation,” Southern California Association of Corporate Counsel, Annual In-House Counsel Conference, January 23, 2020.
“Navigating the Ethical Grey Areas in Class Action Litigation – Considerations For Plaintiffs And Defense Counsel,” ACI’s 31st National Forum on Consumer Finance Class Actions and Government Enforcement, Chicago, July 24, 2019.
“Arbitration Clauses,” Class Action: Money & Ethics 2019, New York, May 6, 2019.
“Trends in Consumer Class Actions,” Akin Gump CLE Series, New York, Los Angeles, San Francisco, Houston and Dallas, October 2018.
“Implications of ACA International v. F.C.C., et al.,” Retail Litigation Center’s meeting of members and board of director meetings, Washington, D.C., May 8, 2018.
“Class Certification and Article III Standing After Spokeo” and “Hot Topics and Trends in the Prosecuting & Defending of Consumer Class Actions,” Bridgeport Class Action Litigation & Management Conference, Los Angeles, April 6, 2018.
“Fairness in Class Action Litigation Act of 2017,” Southern California Association of Corporate Counsel, Annual In-House Counsel Conference, January 17, 2018.
“Trends in Consumer Class Actions: How to Avoid Becoming a Target,” Beverly Hills Bar Association, January 19, 2017.
“Trends in Consumer Class Actions: How You (Yes, You) Can Avoid Becoming a Target,” Southern California Association of Corporate Counsel, Annual In-House Counsel Conference, January 17, 2017.
“Current State of the Law on Ascertainability and Standing,” Bridgeport Annual Consumer Class Action Litigation Conference, January 17, 2017.
Featured participant during the Daily Journal’s “Weekly Appellate Report,” podcast, which addressed the circuit split in class action administrative feasibility cases, January 2017.