Maximillian W. Hirsch

Max Hirsch helps US and international clients to defend against high-stakes and bet-the-company litigation.

Max has represented dozens of companies hit by class action lawsuits and other million dollar lawsuits alleging negligence, fraud, breach of contract, unfair competition, copyright infringement, trademark violations, antitrust violations, violations of various state statutes (including rights of publicity), and false claim act cases.

Max has acted in a number of roles for his clients, including managing complex litigations, arguing in front of the Ninth Circuit on multiple occasions, and second-chairing trials.

• Secured a major victory for KIND in a class action litigation pending for seven years. The plaintiffs had alleged that the “all natural” label on KIND products was misleading and deceptive to consumers. District Judge Naomi Reice Buchwald of the Southern District of New York disagreed, granting KIND’s motion for summary judgment, motion to de-certify the plaintiffs’ classes, and two motions to exclude the plaintiffs’ experts. The plaintiffs, who had sought hundreds of millions of dollars in damages and attorneys’ fees, instead walk away with nothing after Judge Buchwald granted KIND’s motions across the board and dismissed the case. The dismissal is particularly significant as it marks a rare defense victory after a class has been certified in a food/beverage false advertising litigation
• Obtained dismissal of a putative class action alleging that Spokeo violated Alabama residents’ right of publicity by using their identities on its website. The court dismissed the plaintiff’s claims based on lack of Article III standing, holding that the plaintiff could not assert his claims without establishing that some third party actually clicked upon and viewed his information on Spokeo.com. The court’s ruling dramatically narrowed the scope of any potential class action that the plaintiff could pursue in federal court, and is the first ruling of its kind in any Ninth Circuit right-of-publicity case. Continue to represent Spokeo in other pending class actions.
• Won defense verdict for Kia Motors Corporation and Kia Motors America after a bench trial against claims of trademark infringement brought by Allstate Insurance Company. The Daily Journal named the decision one of the Top Verdicts of 2017. Max also worked on the appellate briefing before the Ninth Circuit, which affirmed.
• Won summary judgment for Credit Acceptance Corporation on antitrust claims seeking approximately $1 billion in damages arising from the allegedly fraudulent acquisition and enforcement of a patent in the indirect auto lending market. The Daily Journal named the decision one of the Top Verdicts of 2017.
• Won defense verdict after second chairing bench trial for claims of breach of contract and implied covenant of good faith and fair dealing relating to the Manny Pacquiao-Floyd Mayweather mega fight.
• Won a complete reversal and remand of judgment and new trial after drafting the briefs and arguing in front of the Ninth Circuit on behalf of prisoner who alleged excessive force and deliberate indifference against prison officials. Panel included Judge Jed S. Rakoff, Judge Mary M. Schroeder, and Judge Milan D. Smith, Jr.
• Won a new sentence for an inmate who was sentenced to life in prison without the possibility of parole as a juvenile following his resentencing hearing, pursuant to Miller v. Alabama, during which Max gave an opening and closing statement, and questioned expert witnesses via direct and cross examination.
• Represented the County of Los Angeles in a variety of matters, including litigation arising from the alleged taking and distribution of photographs following the helicopter accident which killed nine people, including Kobe Bryant.
• Represent Pandora in defense of a multi-million dollar lawsuit brought by nine comedians all alleging Pandora infringed on their copyrights.
• Represent insurance companies in disputes involving policy payouts.
• Represent several companies in class-action lawsuits premised on alleged false advertising relating to the assessment of fees.
• Successfully enjoined an unconstitutional law which placed restrictions on obtaining a marriage license in the State of Louisiana.
• Represented over 50 plaintiff-tenants in their lawsuit against a slumlord, which resulted in a favorable settlement.
• Obtained a asylum for a young woman fleeing from the Taliban in Afghanistan.
• Represented Agility Logistics, a Kuwaiti logistics company that was the prime vendor for all food supplied to the US military in Iraq during the Iraq War (2003-10), in one of the largest government contracting fraud prosecutions in US history. The criminal and FCA cases ended in a global settlement that was very favorable for the company. To settle the criminal case, a multiple-count felony indictment in which the government alleged that Agility defrauded and overcharged the government in connection with its nearly $9 billion prime vendor contract, the government accepted a plea to a single misdemeanor count for over-charges in the amount of $551. As part of the global settlement, the government immediately lifted suspensions for all Agility companies so that Agility could promptly begin pursuing new contracting opportunities with the US government.
• Represented a putative class of consumers alleging they were defrauded by a pet-retail chain in Southern California. For this representation, Max’s team was twice rewarded with the ALDF Advancement of Animal Law Pro Bono Achievement award.
• Represented a client in an internal investigation stemming from whistleblower allegations relating to potential accounting irregularities. Represented Kraken cryptocurrency exchange in various actions, including for breach of contract against former employees.
• Represented Alfonso Ribeiro and other celebrities in various suits against companies who were using the celebrities’ likenesses in video games without permission.
• Represented D’Pergo Custom Guitars, Inc. against Sweetwater Sound, Inc. on copyright and trademark claims, and partially prevailed on cross motions for summary judgment.
• Represented individual seller in antitrust case against Walmart.
• Represented a client in an internal investigation stemming from whistleblower allegations relating to potential accounting irregularities.
• Represented a Russian billionaire in various civil proceedings.

• Columbia University School of Law, JD
  James Kent and Harlan Fiske Stone scholar
• University of California, Los Angeles, BA, summa cum laude

• California