Mark B. Helm is a trial lawyer and appellate advocate who has counseled corporations more broadly on a wide range of issues. He has litigated disputes involving investment firms or their portfolio companies; trade secrets and employee mobility; media and intellectual property matters; claims against law firms; and matters involving the duties of directors officers and shareholders. He recently served as outside general counsel for a public company, and he served for five years as co-managing partner of Munger, Tolles & Olson.
Mr. Helm’s experience representing asset management firms includes matters for:
- DoubleLine Capital and CEO Jeffrey Gundlach in a lawsuit brought by his former employer, Trust Company of the West, alleging theft of trade secrets and breach of fiduciary duties. The jury awarded Gundlach $66.7 million and no damages to TCW. The case was recognized by the Daily Journal as one of 2011’s Top Defense Verdicts.
- EIG Global Energy Partners in obtaining in 2012 a preliminary injunction preventing Trust Company of the West from including in its sale to Carlyle Group a $4 billion investment fund subject to a change-of-control provision. An arbitration proceeding challenging the sale was later resolved.
- Oaktree Capital Management in an arbitration brought by one of its former principals seeking compensation allegedly owed, which resulted in an eight-figure monetary award for Oaktree.
- Standard General in obtaining an anti-SLAPP dismissal of a defamation claim brought by former American Apparel CEO Dov Charney related to his termination.
Mr. Helm’s experience representing law firms includes the following:
- Defended numerous malpractice claims arising from a wide range of transactions or lawsuits, including international banking transactions, initial public offerings, sales of businesses and many others.
- Successfully argued before the California Supreme Court the seminal case of Viner v. Sweet, which held that a plaintiff must prove but-for causation in a transactional legal malpractice case.
- Successfully resolved claims that a departing group of lawyers allegedly breached their fiduciary duties and contributed to the demise of a well-known San Francisco law firm, as well as claims for unfinished business.
- Represented law firms in numerous cases alleging malicious prosecution, abuse of process, and conflicts of interest.
Mr. Helm’s experience litigating corporate law disputes involving the duties of directors, officers or shareholders includes the following:
- Mark Zuckerberg in class actions filed in Delaware Chancery Court challenging Facebook’s issuance of non-voting stock.
- A director, officer and major shareholder in a closely-held family business in claims alleging breach of fiduciary duty and insider dealing.
- A corporation in an appraisal action in Delaware Chancery Court involving a dispute whether preferred shareholders were entitled to a preferred return from merger proceeds.
Mr. Helm has extensive experience in trade secrets and employee mobility cases, including matters in the following industries: asset management, aircraft leasing, biopharmaceuticals and technology of various kinds. He also has conducted internal investigations in a variety of substantive and organizational settings.
Mr. Helm also has extensive experience as an appellate advocate, having argued more than 25 appeals in state and federal courts throughout the country, and is frequently retained at the post-trial-motion stage after unsuccessful trials. As a recent example, he successfully argued the Ninth Circuit’s 2014 affirmance of a district court ruling that a citizens suit could not be brought under the Resource Conservation Recovery Act to challenge diesel particulate emissions at railyards.
Mr. Helm recently served on an interim basis as outside general counsel for Myers Industries, Inc., an NYSE-listed public company (MYE) based in Akron, Ohio involved in materials handling and tire and wheel equipment distribution.
From 2005 to 2010, Mr. Helm served as co-managing partner of Munger, Tolles & Olson and was named in 2008 as one of Lawdragon’s “100 Managing Partners You Need to Know.” He served from 2009 to 2012 as co-chair of the ABA Litigation Section’s Committee on Pro Bono and Public Interest.
Mr. Helm was a member of the Professional Responsibility and Ethics Committee of the Los Angeles County Bar Association from 1988 to 1993, serving as its chair in the last year. He also served on the County Bar’s Liaison Committee with the ABA Commission on Ethics 2000. He was coordinating contributing editor for the California Practice Handbook, Attorney Ethics (Matthew Bender 1993) and has written and lectured extensively on legal ethics.
Mr. Helm is chair of the board of directors of the YMCA of Metropolitan Los Angeles, a member of the board of directors of the Ojai Playwrights Conference, a member of the Los Angeles Coalition for the Economy & Jobs, and a member of the Pacific Council on International Policy.
Prior to joining Munger, Tolles & Olson, Mr. Helm clerked for Chief Justice Warren E. Burger of the U.S. Supreme Court (1983-1984) and Judge Carl McGowan of the United States Court of Appeals for the District of Columbia Circuit (1982-1983). Before attending law school, Mr. Helm served for a year as the political speechwriter for Mayor Kevin H. White of Boston.
- Harvard Law School (J.D., magna cum laude, 1982); president, Harvard Law Review, 1981 – 1982; Sears Prize, 1980
- Harvard University (A.B., magna cum laude, 1978)
Bar Admissions : California
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