Marc Alexander

Marc Alexander

Marc Alexander is of counsel in the Santa Ana office of AlvaradoSmith APC, and a member of the Firm’s litigation department. He has over 30 years of experience in bench and jury trials, binding arbitrations, judicial references, mediations, and appellate work in state and federal courts in California. Mr. Alexander received his B.A. with honors from the University of California, Santa Cruz. He received an M.A. and a Ph.D. in history from Johns Hopkins, and he is a member of Phi Beta Kappa. Mr. Alexander received his Juris Doctor degree from UCLA in 1981, and has been licensed to practice law continuously in California since 1981. Upon graduating from law school, he clerked on the United States Court of Appeals for the Ninth Circuit with the Hon. Warren J. Ferguson. After clerking for the federal court, Mr. Alexander practiced in California as a litigator with Irell and Manella in its Century City and Orange County offices. In 1986, he joined the litigation department at McKittrick, Jackson, DeMarco & Peckenpaugh in Orange County, California. Mr. Alexander was a shareholder in the litigation department at McKittrick, Jackson, DeMarco & Peckenpaugh; Jackson, DeMarco & Peckenpaugh; Jackson, DeMarco, Tidus & Peckenpaugh; and, Jackson, DeMarco, Tidus, Petersen & Peckenpaugh, until 2008.

 

Mr. Alexander has broad experience in business and real estate litigation. His experience encompasses landlord-tenant disputes, foreclosures, purchase and sale disputes, title disputes, homeowner association disputes; unfair competition disputes, including non-compete and non-solicitation disputes; partnership and corporate disputes; securities defense; and, intellectual property disputes. Mr. Alexander is a mediator on the panel for the United States District Court, Central District of California, and a mediator on the panel for the Superior Court of the County of Orange, California.

 

Over the years, Mr. Alexander has written a number of articles and book reviews on legal subjects. A sampling of his articles includes: Can Private Attorney General Actions Be Forced Into Litigation?, California Litigation, Vol. 28, No. 2, 2015; Summary Contempt and Due Process: England, 1631, California, 1888," California Litigation, Vol. 27, No. 3 2014; When The American Rule Doesn't Apply: Attorney's Fees As Damages In Litigation, California Litigation, Vol. 21, No. 3, 2008 (co-authored with William M. Hensley), Peril of Private Justice: Suspension of Proceedings, Orange County Lawyer, September 2004, Trespass to Chattel and Unsolicited Bulk Email, Orange County Lawyer, September 2003, Protecting Views With Municipal Ordinances, California Land Use, April, 2001, A Newsperson's Shield Law: A Primer, Civil Litigation Reporter, August, 1995, Despicable Conduct, Or How Punitives Have Been Damaged, Orange County Lawyer, April, 1988, Software Patents and The On-Sale Bar, The Computer Lawyer, January, 1988, When Can An Attorney Contact The Employee Of A Party Represented By Counsel? -- Bright Line And Multi-Factor Approaches, Civil Litigation Reporter, December, 1987, When Is A Software Program "Made For Hire?", The Computer Lawyer, September, 1986, Discretionary Power To Impound And Destroy Infringing Articles: An Historical Perspective, Journal Of The Copyright Society Of The USA (1980). Mr. Alexander is a co-creator and contributor, with his long-time colleague Mike Hensley, to CalAttorneysFees, a blawg about the law of attorney’s fees in California. Mr. Alexander is married and has three grown children. He also has a dog named Watson.




Contact Marc Alexander

Website: www.calmediation.org/marcalexander.html

Articles and Video:

Arbitration: On Issue Of First Impression, 9th Circuit Holds Arbitration Obligations Survived Contract Termination (09/22/20)
In Shivkov v Artex Risk Solutions the 9th Circuit held if contracts do not expressly or impliedly indicate that the termination of the agreement itself results in the expiry of the arbitration clause, then the latter survives after the termination of the former.

Second District Reverses Order Denying Arbitration, Because Unconscionable Provision Was Severable (09/08/20)
In Michael Conyer v. Hula Media Services, the California State Appellate Court held that an employer had no duty to point out the subsequent addition of an arbitration clause to the employee's attention when the latter had given assent to this clause, by signing the 'receipt and acknowledgment' page of the revised employee handbook.