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Marc G. van Niekerk

mvn@svlg.com
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Phone: (408) 573-5700

50 W San Fernando St
#750
San Jose, California 95113

Marc van Niekerk is Special Counsel with Silicon Valley Law Group’s Business Litigation and Intellectual Property & Employment Group.  Over the course of his career, Marc has tried more than 50 cases to verdict and also has extensive mediation experience. His practice focuses on business litigation, with special emphasis in the areas of intellectual property disputes, business torts and commercial contract disputes.  During his more than 25 years in practice, Marc has counselled and represented clients in a wide array of commercial disputes including, inter alia, employee solicitation and trade secret misappropriation, business disputes, including breach of contract, unfair competition and breach of fiduciary duty, trademark infringement and U.C.C issues. In addition, Marc has been involved in numerous special litigation and/or audit committee investigations for both public and privately held corporations.

Marc has also served on the Santa Clara Bar Association Judiciary Committee, which is charged with evaluating candidates being considered by the governor for appointment to the Santa Clara County Superior Court and the Sixth District Court of Appeal.

Prior to joining Silicon Valley Law Group, Marc was Special Counsel at Bergeson, LLP in San Jose, an associate with Cooley Godward LLP in Palo Alto, and an associate with Abe Swersky & Associates in Cape Town, South Africa. 

Representative Engagements
  • Obtained dismissal of entire complaint in trademark infringement action in the Northern District of California and an order that the case was “exceptional” as provided for by 15 USC §1117(a), resulting in an award, and recovery, of defendant’s attorneys’ fees and costs.
  • Represented individual defendant in multi-million dollar claim based on alter ego liability resulting in plaintiff dismissing the action on the second day of trial in exchange for a nuisance value payment.
  • Co-chaired a 4 week jury trial and obtained, and collected, $11.5 million judgment for Fortune 500 Company in breach of contract case involving complex U.C.C. issues. Represented client on appeal in which the trial court’s order was affirmed. The California Supreme Court denied defendants’ petition for review.
  • Obtained summary judgment against plaintiff on behalf of a global leader in propagation and optimization solutions for the wireless industry, on $1.5 million claim related to stock options and SPO.  Represented client on appeal in which the trial court’s order was affirmed. The California Supreme Court denied plaintiff’s petition for review.
  • Participated in investigation which led to dismissal of founders of a worldwide leader in the design and manufacture of microcontrollers.  Investigation was affirmed as appropriate and thorough by Delaware Court of Chancery.
  • Represented provider of protocol acceleration technologies in licensing dispute with licensee over presence of object code in readable form in licensee’s product resulting in a substantial confidential settlement.
  • Successfully represented client in five-day NASD arbitration against whom indemnity was sought by prominent brokerage firm, resulting in zero liability on multi-million dollar claim.
Education
  • B.A., 1987, University of Cape Town, South Africa
  • LL.B, 1989, University of Cape Town, South Africa
  • LL.M, 1996, University of Cape Town, South Africa (Maritime Law and South African Income Tax Law)
  • LL.M, 1998, University of Texas at Austin (Intellectual Property Law)
Admissions
  • Supreme Court, Cape of Good Hope Provincial Division, Republic of South Africa, 1992
  • Texas, 1998
  • California, 1999
  • U.S. District Court for the Northern, Central, and Eastern Districts of California
  • Ninth Circuit Court of Appeals