Max’s practice centers on class and mass actions, backed by a commercial-litigation and investigations foundation built at two large New York firms.
Privacy and Data
Represents classes alleging that websites intercepted and disclosed user data without consent, under federal and state wiretap and pen-register statutes. Earlier writing on ransomware, cyber supply-chain risk, and data-breach consequences informs this work.
Employee Benefits (ERISA)
Represents retirement- and health-plan participants in fiduciary-breach actions. Claims target excessive plan fees, imprudent investment options, and “dominated” health-plan offerings.
Consumer Protection
Prosecutes deceptive-marketing claims under state consumer-protection statutes. Has also defended a large consumer-products company through consolidated class actions in an MDL.
Labor and Employment
Prosecutes wage-and-hour, misclassification, and related claims.
Commercial, Bankruptcy, and Creditor Litigation
Has represented an indenture trustee and institutional bondholders, the plaintiffs in a multi-court anti-counterfeiting action against hundreds of defendants, and a law firm facing malpractice and fraud claims.
Investigations
Has conducted investigations for a professional sports league, a major television studio, and museums and private collectors facing questions about artifact provenance.
Representative Matters
Class and Mass Actions
- Counsel to nationwide classes alleging unauthorized interception and disclosure of website users’ data under federal and state wiretap and pen-register statutes.
- Counsel to retirement- and health-plan participants in ERISA fiduciary actions challenging excessive fees, imprudent investment options, and “dominated” health-plan offerings.
- Counsel to consumers in deceptive-marketing class actions, and to workers in wage-and-hour and misclassification matters.
- Defended a large consumer-products company in multiple class actions consolidated into a multidistrict litigation.
Commercial and Financial Litigation
- Anti-counterfeiting enforcement. In a sprawling action against hundreds of defendants, conducted court-ordered civil seizures at suspect pharmacies and defendants’ residences. The team froze hundreds of millions of dollars in illicit proceeds and restrained multiple real-estate empires. Max took dozens of depositions and witness interviews and drafted hundreds of filings across multiple federal courts.
- Bondholder enforcement. Represented an indenture trustee and several institutional investors suing a Brazilian bond issuer for non-payment. Drafted pleadings and discovery, led meet-and-confers, appeared in court first-chair, and coordinated a large group of clients and co-counsel.
- Professional-liability defense. For a major law firm, responded to third-party subpoenas, defended malpractice and fraud claims, and secured an extremely favorable resolution through early mediation.
Investigations
- Professional sports league. Interviewed athletes, coaches, and staff, and analyzed player performance to test claims that an athlete “threw” games.
- Cultural property. For museum and private-collector clients, investigated the provenance of historical artifacts and persuaded the District Attorney not to bring charges.
- Television studio. Investigated unfair-business-practice claims against a reality-television personality and improper-editing claims against the studio.
Prior results do not guarantee a similar outcome.