Martie Kutscher Clark is a partner in Gibson Dunn’s Palo Alto office.  She represents Silicon Valley technology companies in all stages of litigation, with a focus on the intersection of civil litigation and regulatory and criminal enforcement.  She specializes in developing the law for technology companies by anticipating and addressing novel questions arising from new products, including litigating them through appeal. Her practice also includes “bet-the-company” founders’ disputes, consumer class actions, government investigations, data privacy actions, securities actions, responding to wiretap subpoenas, and trade secret disputes.  Ms. Kutscher Clark has been recognized by The Best Lawyers in America®  as “One to Watch” in 2022 and 2023.

Select Representative Matters:

• Representing Meta and its officers in a series of putative class actions and government enforcement actions relating to data privacy issues arising out of the Cambridge Analytica events;
• Secured dismissal on the pleadings of putative securities fraud class action regarding electric vehicles on behalf of Kleiner Perkins and its Board in a published Seventh Circuit opinion expanding the scope of available defenses at the pleading stage;
• Successfully defended leading social media company in litigation regarding the scope of the Wiretap Act and Communications Assistance for Law Enforcement Act and continued representation in related appeal to the Ninth Circuit;
• Successfully defended Meta against claims arising from a high-profile founders’ dispute and obtained affirmance on appeal;
• Obtained favorable settlement for Hyperloop One and its Board in a founders’ dispute concerning trade secrets, employee solicitation, and equity distribution;
• Successfully defended a blockchain-based predictions platform in a founders’ dispute regarding equity and token distribution;
• Obtained favorable settlement for Square and its co-founders in connection with patent infringement, trade secret, fraud, and joint venture claims in a high-profile founders dispute;
• Obtained a favorable settlement on behalf of a leading mobile gaming company in an action concerning high speed, cloud-based technology and equity distribution;
• Strategized a pre-enactment challenge to a proposed ordinance targeting a peer-to-peer ridesharing company;
• Successfully strategized shareholder suit on behalf of leading investment management firm regarding shareholder rights plan and obtained favorable, early resolution;
• Obtained favorable buyout on behalf of minority shareholders of high-value closed-corporations in shareholder dispute following years of unsuccessful buyout negotiations;
• Represented a California-based technology manufacturer in an action challenging the enforceability of out-of-state restrictive covenants on employees who work remotely;
• Persuaded the California Supreme Court to grant review in an appeal involving the enforceability of certain arbitration agreements and waivers of attorney conflicts of interest;
• Persuaded the United States Court of Appeals for the Ninth Circuit to hear an interlocutory appeal in a putative employment class action.

Pro Bono and Community:  Ms. Kutscher Clark has an active pro bono practice that includes developing impact litigation regarding police brutality, bringing constitutional claims on behalf of prison inmates, and representing immigration clients in removal proceedings.  Ms. Kutscher Clark also sits on the Board of Directors of Biotech Partners.

Clerkships:  Prior to joining Gibson Dunn, Ms. Kutscher Clark served as a law clerk to the Honorable Milan D. Smith, Jr. of the United States Court of Appeals for the Ninth Circuit and as a law clerk to the Honorable Legrome D. Davis of the United States District Court for the Eastern District of Pennsylvania.

Education:  Ms. Kutscher Clark graduated as a James Kent Scholar from the Columbia University School of Law in 2012.  She holds a Bachelor of Arts degree in Government from Dartmouth College, where she graduated magna cum laude  and was admitted as a member of the Phi Beta Kappa Society.

Admissions:  Ms. Kutscher Clark is admitted to practice law in the states of California, New Jersey, and New York.  She is a member of the bars of the United States Courts of Appeals for the Seventh and Ninth Circuits and the United States District Courts for the Central, Northern, and Eastern Districts of California, and the Eastern District of Wisconsin.