Marcus McCutcheon

He | Him | His

Counsel

Costa Mesa
T +1.714.966.8811
F +1.714.966.3513

Overview

Named a "One to Watch" in 2021 and 2022 by The Best Lawyers in America® and a "Top 40 Under 40" by National Black Lawyers since 2019, Marcus McCutcheon has advised dozens of clients from a variety of industries on responding to cybersecurity and data privacy incidents, including managing resultant class action litigation.

Marcus focuses his practice on cybersecurity and data privacy matters. Notably, he has advised dozens of clients on data breach responses, including initial incident response, individual and regulatory notifications, and subsequent regulatory investigations. Marcus also has experience representing clients in data breach and other privacy-related class actions. In addition, he has significant experience litigating other complex business, consumer warranty, product/technology, insurance coverage, construction defect and employment matters in both federal and state courts. He also works with manufacturers in the automotive industry in regulating the relationship between the manufacturers and their franchise dealers and representing manufacturers in consumer warranty matters. He treats the client-attorney relationship as a partnership, using a practical and creative approach to achieve his clients’ goals.

Marcus is a member of the firm’s Diversity and Inclusion Committee.

Select Experience

  • Advises clients in the government, retail, financial, higher education and nonprofit sectors on responding to cybersecurity and data privacy incidents in the U.S. and abroad, ranging from phishing incidents to sophisticated, state-sponsored network intrusions and ransomware.
  • Leads investigations of data security incidents, including the selection and engagement of third-party forensic investigators and interactions with law enforcement.
  • Provides clients with guidance on federal, state and international statutory breach notification requirements, as well as contractual notification obligations.
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Experience

  • Advises clients in the government, retail, financial, higher education and nonprofit sectors on responding to cybersecurity and data privacy incidents in the U.S. and abroad, ranging from phishing incidents to sophisticated, state-sponsored network intrusions and ransomware.
  • Leads investigations of data security incidents, including the selection and engagement of third-party forensic investigators and interactions with law enforcement.
  • Provides clients with guidance on federal, state and international statutory breach notification requirements, as well as contractual notification obligations.
  • Advises clients in coordinating communications strategies in response to data security incidents, including drafting notification materials such as individual and regulatory notification letters, press releases, website notices and internal client communications.
  • Oversees the post-breach response process, including the preparation of responses to questions from notice letter recipients, employees, customers, the media and regulators.
  • Member of team that represented an on-demand prepared food delivery service in an Federal Trade Commission investigation regarding the unauthorized access of user data by a third party.
  • Assisting a leading rubber, plastic and sealing components manufacturer in response to a ransomware attack, providing guidance on breach response protocol and compliance while helping to maintain continuity of operations.
  • Defended multiple multinational automobile manufacturers in numerous consumer warranty matters.
  • Member of team representing a multinational fitness equipment manufacturer in a product liability matter.
  • Represented a global, integrated healthcare services and products company in litigation involving claims brought by an employee who was injured while operating equipment in a company warehouse.
  • Defended a luxury shoe wear and streetwear apparel retailer in litigation alleging fraud against the retailer. Obtained voluntary dissolution of a preliminary injunction previously issued against the retailer and voluntary dismissal of the complaint.
  • Represented an aerospace components manufacturer in defending and counterclaiming against another industry manufacturer in breach of contract litigation.
  • Part of team defending a large manufacturer in a wage and hour employment class action, as well as in federal court litigation against its insurer, which initially refused to pay for the manufacturer’s defense in the underlying class action. The manufacturer reached a favorable settlement with its insurer following a successful motion for partial summary judgment.
  • Represented a global operator of airport concessions in construction defect litigation involving numerous facilities in one of the United States’ busiest airports. Assisted with the litigation and resolution of claims against dozens of contractors and/or their bond providers and ultimately recovered a high percentage of the funds at issue to complete the construction.
  • Assisted in construction development litigation representing a real estate developer that was sued by a large public hospital district in federal court.
  • Assisted in construction development litigation representing a large multinational medical hardware manufacturer in a suit over a real estate development.

Recognitions and Memberships

Recognitions

  • The Best Lawyers in America® (2021)
    • “Ones to Watch” California: Commercial Litigation
  • National Black Lawyers Top 40 Under 40 (2019 to 2022)
  • Leadership Counsel on Legal Diversity, Pathfinder Program (2016)

Memberships

  • American Bar Association
  • National Bar Association
  • Orange County Bar Association: Former Young Lawyers Division Community Outreach Committee Chair
  • Orange County Celtic Bar Association: Trustee
  • Orange County Thurgood Marshall Bar Association
  • Orange County Hispanic Bar Association

Pro Bono

  • Represented an elderly World War II veteran plaintiff in elder abuse litigation. Obtained a favorable settlement for plaintiff on the morning of trial.
  • Defended a single mother of four in collections litigation, vacating plaintiff's default judgment and obtaining a favorable settlement for defendant.

Prior Positions

  • Entertainment, Arts and Sports Law Society: Treasurer

Admissions

  • U.S. District Court, Central District of California
  • U.S. District Court, Northern District of California
  • California, 2011

Education

  • J.D., Florida State University College of Law, 2011
  • B.A., Political Science and Cultural & Social Anthropology, Stanford University, 2007