Photograph of A. Marisa Chun

Government Experience

  • Department of Justice: Office of the Associate Attorney General—Deputy Associate Attorney General
  • Department of Justice: United States Attorneys' Offices—Eastern District of Virginia: Special Assistant U.S. Attorney; District of Maryland: Special Assistant U.S. Attorney
  • Department of Justice: Civil Rights Division—Trial Attorney and Senior Trial Attorney

Education

  • Harvard Law School, J.D., cum laude
  • Yale University, B.A., summa cum laude

Admissions

  • California

Languages

  • Korean (Fluent)

A. Marisa Chun

Partner
San Francisco
mchun@crowell.com
Phone: +1 415.365.7408
3 Embarcadero Center, 26th Floor
San Francisco, CA 94111

A. Marisa Chun is a litigation partner in Crowell & Moring’s San Francisco office. A first-chair trial lawyer and experienced appellate advocate, Marisa represents clients in high-stakes commercial litigation, class actions, trials, and appeals, as well as government and internal investigations. Marisa focuses on thoughtful advocacy and strategies to secure an early and favorable resolution or victory if the case must be tried. She has been recognized by the Daily Journal as a "Top Woman Lawyer" in California, by The Recorder as a "Woman Leader in Tech Law," and by The Legal 500, Benchmark Litigation, and Super Lawyers as a leading commercial and white collar lawyer.

As a former television reporter, prosecutor, and senior official at the U.S. Department of Justice, Marisa draws upon her legal, government, and media experience when advising clients and boards of directors navigating complex matters in today’s highly regulated environment. Bilingual in Korean, Marisa has significant experience advising companies and executives in the Korean technology, life sciences, and energy industries as well.   

As Deputy Associate Attorney General at the U.S. Department of Justice, she advised the Department’s leadership and oversaw certain antitrust, intellectual property rights enforcement, health care fraud, privacy, and telecommunications matters. At the U.S. Attorney’s Offices for the Eastern District of Virginia and the District of Maryland, she investigated and prosecuted cases involving narcotics trafficking, health care fraud, money laundering, export control violations, child sex trafficking, and other offenses, winning every trial and appeal.

Marisa co-leads the firm’s Appellate practice group. She has authored briefs and/or argued before federal and state courts of appeal, including the U.S. Supreme Court; the U.S. Courts of Appeal for the Third, Fourth, Ninth, and Federal Circuits; the California Supreme Court; and the California Court of Appeal. She serves as co-chair of the American Bar Association’s Criminal Justice Section’s Amicus Committee, the Bar Association of San Francisco’s Amicus Committee, and as a member of Law360’s Appellate Editorial Advisory Board.

Marisa serves on the Boards of Directors of the Public Policy Institute of California and the Bar Association of San Francisco, and teaches trial advocacy at Stanford Law School as a guest instructor. She was selected by the judges of the U.S. District Court for the Northern District of California to serve as a lawyer representative to the Ninth Circuit Judicial Conference, has served on the Northern District's Magistrate Judge Merit Selection Panel, and, in 2018, was appointed to serve on the Advisory Committee on Civil Jury Instructions for the Judicial Council of California. Marisa’s pro bono work has included the representation of indigent tenants facing eviction, as well as the representation of bar associations in the United States and California Supreme Courts, in support of individuals whose constitutional rights have been violated.

Marisa served as Developments Editor of the Harvard Law Review and as a law clerk to the Honorable Robert Boochever of the U.S. Court of Appeals for the Ninth Circuit.

Representative Litigation Matters

  • Class Actions
    • Secured an early and favorable settlement of a novel putative class action alleging tort, discrimination, unfair business practices and other claims against a global hospitality client, after largely winning a motion to dismiss.
    • Defeated national and state consumer class actions against telecommunications and cable companies alleging violations of the Sherman Act, Section 17200, and California Consumers Legal Remedies Act (CLRA); prevailed on dispositive motion and secured voluntary dismissal of a statewide unfair business practices action.
    • Resolved statewide wage and hour class actions against retail, pharmaceutical, and cosmetics companies.
  • Trade Secrets and Employee Mobility
    • Representing a major technology company in a trade secrets case, securing swift dismissal of three defendants and withdrawal of plaintiff’s preliminary injunction motion.
    • Represented wealth management company and executive in high-stakes employee mobility case; after winning preliminary injunction on novel legal issue, case settled on favorable terms.
    • Represented a Software-as-a-Service (SaaS) company in a bet-the-company arbitration involving misappropriation of the client’s intellectual property, and the systematic poaching of its customers, which resulted in a significant settlement.
    • Trial counsel for technology company in a three-week trade secret misappropriation, breach of contract, patent inventorship, and trademark case in which the jury returned a complete defense verdict on all eight trade secret claims, contract claims, and patent claim; awarded nominal damages of $1 each on the trademark claims.
  • Complex Commercial Litigation
    • Won swift and decisive victory for public university system and voluntary dismissal of a high-stakes constitutional case, by defeating a preliminary injunction motion seeking to halt the university’s policy requiring all students, employees, and faculty on campus to receive a flu vaccine, subject to certain exceptions.
    • Represented technology company in high-stakes trial and appellate litigation regarding alleged breaches of a strategic agreement involving well-known browser and search engine.
    • Trial counsel in patent infringement action on behalf of a technology and cybersecurity company in a nearly four-week trial involving link load balancing patents; won multi-million-dollar jury verdict in favor of client.
    • Trial and appellate counsel for officers and directors of a major utility in high-profile shareholder derivative actions.
  • Privacy and Other Litigation
    • Represented clients in privacy and Electronics Communications Privacy Act (ECPA) litigation involving allegations of video camera spying in a property rented via a global online platform; following our filing of a motion to dismiss, case settled.
    • Represented employers and executives on employment matters, including winning summary judgment in sexual harassment and constructive termination case; prevailing at trial in wage and hour matter; and resolving disputes favorably, including settlements with no or nominal monetary payments.

Representative Appellate Matters

  • In a published case of first impression, won the grant of a rare petition for writ of mandate for an iconic theme park and entertainment company in the California Court of Appeal, thereby vacating an order of the Superior Court denying the client’s motion to transfer venue.
  • Secured the summary dismissal of a petition for writ of mandate for a leading technology company in the California Court of Appeal, thereby preserving a favorable trial court order regarding attorney-client privileged documents.
  • Representing major health plan in the Ninth Circuit, defending the district court’s dismissal of putative class action alleging ERISA claims.
  • Represented aerospace company in the Fourth Circuit in an interlocutory appeal seeking to vacate an order enjoining the sale of goods allegedly bearing infringing trademarks; the case settled after plaintiffs received our appellate brief.
  • Represented the American Bar Association as amicus curiae in the U.S. Supreme Court in support of an Asian-American immigrant; the Court held, 6-2, that a non-citizen defendant who pleads guilty based upon erroneous legal advice about the deportation consequences of a plea can establish Strickland prejudice under the Sixth Amendment. Lee v. United States, 137 S.Ct. 1958, 2017 WL 2694701 (2017).
  • Represented the San Francisco, Los Angeles County, and Santa Clara County Bar Associations in landmark constitutional challenge to California’s money bail system in the California Supreme Court. In re Humphrey, 11 Cal. 5th 135 (2021).
  • Represented the Bar Association of San Francisco and the Los Angeles County Bar Association as amici curiae in the California Supreme Court in support of four law firms; the Court sustained the position urged by our clients that a dissolved law firm has no property interest in legal matters handled on an hourly basis. Heller Ehrman LLP v. Davis Wright Tremaine LLP, 4 Cal. 5th 467 (2018).

Representative Enforcement and Investigation Matters

  • Defended seven clients against charges of conspiring to engage in H1-B visa fraud, as well as loan fraud, wire fraud, and money laundering charges, in connection with the placement of skilled workers at Silicon Valley tech companies; obtained dismissal of all charges against all clients.
  • Represented high-profile, venture capital-backed health care technology company in an internal investigation of #MeToo sexual assault allegations involving company leadership and corporate governance issues.
  • Represented CEO of health care provider in a civil and criminal False Claims Act investigation of alleged health care fraud by the U.S. Attorney’s Office and the California Attorney General’s Office; obtained favorable civil resolution.
  • Represented clients in a civil and criminal False Claims Act investigation of alleged health care fraud by the U.S. Attorney’s Office, DOJ’s Civil Fraud Section and the U.S. Department of Health and Human Services (HHS) Office of Inspector General.
  • Represented a major managed care organization in a State Attorney General investigation of alleged antitrust violations with respect to market for specialized medical services; no action taken against client.
  • Represented a prominent biotechnology company in an internal investigation of potential Anti-Kickback Statute violations.
  • Represented U.S. global engineering company with respect to multiple Foreign Corrupt Practices Act (FCPA) matters, including FCPA and anti-corruption due diligence in connection with a $250 million construction project in Asia.


Affiliations

Admitted to practice: California, District of Columbia (inactive), U.S. Supreme Court, U.S. Courts of Appeals for the Ninth, Fourth, and Federal Circuits, U.S. District Courts for the Northern, Central, and Eastern Districts of California, and U.S. District Court for the Southern District of Texas.



Speeches & Presentations

  • "Business Disruption in a Pandemic: What Commercial Office Lease Issues Do You Need to Consider?" Crowell & Moring Webinar (April 22, 2020). Presenters: Gregory D. Call, A. Marisa Chun, and Allyson McKinstry.
  • “Patient Support Services and False Claims Act Risks,” Healthcare Enforcement Compliance Conference, Washington, D.C. (November 5, 2019). Presenter: A. Marisa Chun
  • “State vs. Federal Court Strategies for Class Actions,” 2018 Class Action Litigation Conference, Bridgeport Continuing Education, San Francisco, CA (September 14, 2018). Presenters: A. Marisa Chun and Amy Keller.
  • “Preparing Jury Instructions, Special Verdict Forms, and Selecting a Jury,” Trade Secret and Employee Mobility Conference, Bridgeport Continuing Education, San Francisco, CA (May 4, 2018). Presenter: A. Marisa Chun.


Publications



Client Alerts & Newsletters



Media Mentions



Firm News & Announcements

Jul.12.2021 Crowell & Moring Partner A. Marisa Chun Appointed to San Francisco County Superior Court
May.20.2021 Daily Journal Names Marisa Chun to 2021 “Top Women Lawyers” List
Mar.25.2021 California Supreme Court Issues Unanimous, Landmark Decision in Humphrey Case Challenging the Constitutionality of Money Bail
Dec.21.2020 LITIGATION NOTE: Crowell & Moring Defeats Preliminary Injunction Motion, Securing Swift Dismissal of Case Seeking to Halt University of California Flu Vaccination Requirement
Aug.18.2020 Benchmark Litigation Recognizes Partners Laura Foggan and Marisa Chun
Jul.16.2020 Crowell & Moring Represents University of California in Suit against Department of Homeland Security over International Student Directive
Mar.24.2020 Crowell & Moring Files Amici Curiae Brief on Behalf of Leading Former U.S. Diplomatic and Government Officials in Climate Change Case Upholding California Cap and Trade Memorandum with Quebec
Jan.22.2020 Crowell & Moring Files U.S. Supreme Court Brief on Behalf of the American Bar Association Calling for Review of When the Wrongfully Convicted Can Seek Damages
Nov.05.2019 Global Investigations Review Names Crowell & Moring’s White Collar & Regulatory Enforcement Group to “GIR 100” Fifth Year in a Row
Sep.20.2019 Super Lawyers Recognizes 82 Crowell & Moring Lawyers Across United States
Apr.11.2019 Experienced Trial Lawyer A. Marisa Chun Joins Crowell & Moring’s San Francisco Office