David C. Marcus


Partner-in-Charge, Los Angeles Office

Vice Chair, Litigation/Controversy Department

Marcus, David C.

David Marcus has more than 30 years of experience as a trial lawyer, both in private practice and as a government prosecutor. He has tried cases involving fraud, breach of contract, patent infringement and antitrust. In the last two years, Mr. Marcus has tried two significant cases to verdict in federal courts, represented a large Southern California company in class actions arising out of a data breach and defeated a class action against a transaction processing company. 

Mr. Marcus also represents clients in patent suits in federal courts across the country. In 2014 and in 2015, he was named by the Daily Journal as one of the "Top 75 Litigators of Intellectual Property" in California.

In addition to patent cases, Mr. Marcus has litigated and tried commercial cases in numerous state and federal courts, including Los Angeles County Superior Court. He also represents companies and individuals in criminal investigations by the United States Department of Justice, and has conducted internal investigations for public companies.

From 1994 to 1998, Mr. Marcus was an Assistant United States Attorney in Los Angeles, where he was a member of the Major Frauds Section. He investigated and tried cases ranging from securities fraud and political corruption to narcotics. From 1999 to 2000, he was the Executive Assistant United States Attorney, responsible for the management of the 240-lawyer office. From 1992 to 1994, Mr. Marcus was an Assistant Attorney General in Massachusetts, where he tried dozens of cases.

Honors & Awards

  • Named to the Daily Journal's 2014 and 2015 lists of California's Top 75 Litigators of Intellectual Property
  • Recognized as a "California Super Lawyer" in 2009-2016 for his general litigation, intellectual property litigation and antitrust litigation practices

Publications & News


May 10, 2017

WilmerHale Prevails in $2B Patent Case on Behalf of Intel

The six-day jury trial held in the US District Court of Delaware before Judge Richard Andrews resulted in a finding of no infringement on all eight asserted claims.

January 31, 2017

False Claims Act: 2016 Year-in-Review

In 2016, the Department of Justice continued to give high priority to False Claims Act investigations and prosecutions. This WilmerHale Client Alert was republished by Pratt's Government Contracting Law Report.

January 12, 2016

False Claims Act: 2015 Year-in-Review

In 2015, the Justice Department continued to give high priority to False Claims Act investigations, bringing in nearly $3.6 billion in settlements and judgments.

April 23, 2015

Daily Journal Honors Three Partners Among Top IP Lawyers in California

Partners David Marcus, Mark Selwyn and Keith Slenkovich have been named to the Daily Journal's annual list of California's Top Intellectual Property Lawyers, which recognizes attorney achievements in the field of intellectual property from successfully arguing novel theories of law and winning significant cases to protect client portfolios.

April 22, 2015

The Leading Intellectual Property Attorneys in California

An article featuring David Marcus, published in the April 22, 2015 edition of the Daily Journal.

January 29, 2015

False Claims Act: 2014 Year-in-Review

The federal government collected a record-breaking $5.7 billion in False Claims Act (FCA) recoveries in fiscal year (FY) 2014, up from $3.8 billion in FY 2013.

April 23, 2014

Marcus and Selwyn Honored as “Top Intellectual Property Lawyers” in California by Daily Journal

David Marcus and Mark Selwyn have been named to the Daily Journal's annual list of California's "Top Intellectual Property Lawyers." This annual list recognizes and profiles attorneys with outstanding achievements in the field of intellectual property.

January 23, 2014

Intel Corporation and Somaxon Pharmaceuticals Succeed at the Federal Circuit

Last week, WilmerHale won two appeals at the US Court of Appeals for the Federal Circuit–one for client Somaxon Pharmaceuticals and one for client Intel Corporation.

January 7, 2014

False Claims Act: 2013 Year-in-Review

The False Claims Act (FCA) saw another year of increased activity in 2013, with new qui tam suits hitting an all-time high of 753, a rise of more than 100 over 2012.

May 18, 2009

Experienced Trial Lawyer Joins WilmerHale’s Los Angeles Office

David Marcus brings more than 20 years of trial and litigation experience to the firm

Community Involvement

Mr. Marcus serves on the Colby College Alumni Council and on the Board of Directors of the Southern California Chapter of the American Technion Society.


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JD, Yale Law School, 1985, Editor, Yale Law Journal

BA, summa cum laude, Colby College, 1982

Bar Admissions



New York


The Hon. Mariana R. Pfaelzer, US District Court for the Central District of California

Government Experience

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