Marc L. Sherman is of counsel with the firm. Prior to joining Smith, Currie, he was of counsel with McLennon Law Corporation that merged with Smith Currie in January 2016. He has been in private practice since 1985 and has represented both plaintiffs and defendants in state and federal courts throughout California. He has also served clients in real estate and general business matters in both litigation and transactional capacities. He has argued before the California Supreme Court and has been counsel in a number of state and federal appellate proceedings, several of which have resulted in published decisions.
Mr. Sherman's areas of practice and experience include, construction defects, contract disputes, defense and prosecution of tort actions, employer-employee disputes, insurance bad faith, insurance coverage, landlord-tenant disputes, professional malpractice, real property issues, trade secrets and unfair competition.
In addition, Mr. Sherman has published legal articles regarding insurance coverage, the respective rights of insurance carriers, insurance bad faith, specific performance of real estate transactions, debtors' fiduciary duties, community property, and various aspects of constitutional law. Periodically he teaches or lectures on legal writing and legal research, areas in which he has special expertise. Mr. Sherman's practice emphasizes researching and writing high quality motions, appellate briefs, and memoranda. Because most cases are won or lost on paper before trial, he believes that the clear and concise written presentation of legal theories and evidence is the foundation of advancing a client's position. He is married and has two daughters. In his spare time he plays music and writes fiction.
•Commercial Building Nightclub Eviction in California
•Estate Fire Loss in California
•High-End Residential Contractor Insurance Coverage Claim
•Home Owner Judgment Affirmed in California
•Hotel Builder's Insurance Claim in California
•Shopping Mall ADA Claim in California
Articles & Publications
•Numerous Law Notes providing updates on recent statutes and cases impacting the construction industry.
•“Proof of Excess Insurer's Cause of Action Against Primary Insurer,” 28 Proof of Facts 3d 507 (1994) (authored with J. Gross)
•“Insurer's Right to Rescind Insurance Contract For the Insured's False Statements,” 21 Proof of Facts 3d 565 (1993) (authored with J. Gross)
•“Specific Performance of RealliProperty Contracts With Abatement of Price,” 17 Proof of Facts 3d 543 (1992)
•“Determining Community Property and Separate Property Interests in Property,” 17 P roof of Facts 3d 705 (1992)
•“Insurance Bad Faith Actions--'Advice of Counsel' Defense,” 16 Proof of Facts 3d 419 (1992)
•“Corporate Director's Breach of Fiduciary Duty to Creditors,” 16 P roof of Facts 3 d 583 (1992)
•“Informal Immunity: Don't You Let That Deal Go Down,” 21 Loy. L.A. L. Rev . 1 (Nov., l987); Reprinted in 11 Criminal Law Review--1989, 145
•“We Can Share the Women, We Can Share the Wine: The Regulation of Alcohol Advertising on Television,” 58 S. Cal. L. Rev. 1107 (May, l985); Reprinted in IX Advertising Law Anthology, 393 (1984-1985)
•“Contractor's Right to Independent “Cumis” Defense Counsel at Insurer's Expense ,” Critial Path, April 2013
•“Certain Insurance Risks for Subcontractors,” Critical Path, (2012) (authored with D. McLennon)
• “Avoiding Dangerous Gaps Between Contracts and Insurance ,” The Contractor's Compass, p. 9 (Fourth Quarter, 2011) (authored with D. McLennon), republished in California Constructor . Page 13 (May/June 2012)
•“Insurance May Be Available for Defendants Sued for Contract Claims,” Constructor Magazine (2011)
•“Recent Supreme Court Ruling Appears to Extend Insurance Coverage for Contractors,” 40 California Constructor 8 (April 2010)
•“A Hired Gun For Hired Guns,” The Recorder, p. 8 (July 1, 1992)
•“Detailing the Exceptions that Swallow the Rule: The Woeful Directions of Our Supreme Court,” Cogitations on Law and Government, 60 (Spring, l985)