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Karen C. Marchiano, Associate


Karen C. Marchiano

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Silicon Valley / San Francisco

Phone: 415-882-5047
kmarchiano@sonnenschein.com

Education:

University of California, Berkeley, Boalt Hall School of Law, J.D., 2004,
Order of the Coif (top 10% of class)
Duke University, B.S., Psychology (Certificate in Neuroscience), magna cum laude, 2001

Practice Areas:

Professional Profile:

Ms. Marchiano has a broad range of experience representing clients in complex commercial disputes, including class actions and franchise-related disputes.

Ms. Marchiano graduated order of the coif (top 10% of class) from the University of California, Berkeley, Boalt Hall School of Law, where she received the Prosser Award for Civil Procedure and the Prosser Award for Conflict of Laws.  During law school, she externed for the Honorable Martin J. Jenkins, United States District Court, Northern District of California.

Representative experience 

  • Representations of franchisors in disputes with franchisees and third parties.  Her franchise experience includes franchisors in the hospitality, food, retail, real estate, collection, and education industries.
  • Recently defeated a putative class action against Allstate. The Sonnenschein team obtained judgment in favor of Allstate on all counts (antitrust, violation of CA Business & Professions Code section 17200, and unjust enrichment), was awarded costs, and defeated the plaintiff's efforts to engage in extensive discovery and certify a class. 
  • In employment litigation matters, defended CNA and Universal Underwriters against claims of sexual harassment, wrongful termination, and discrimination.
  • Second chaired AAA arbitration brought by a former executive who claimed additional bonus compensation.  Arbitrator ruled that the former executive should receive no additional compensation.
  • Represented Red Bull North America, Inc. in trademark and unfair competition matters in federal district court in Texas, Florida, New York, and Iowa.
  • Representations of joint venture partners, in resolving disputes between the joint venture partners, as well as disputes against government entities that contracted with the partners.
  • Represented Experian subsidiary in e-mail marketing matters.
  • Represented distributor of nutritional supplement against claim of violation of California’s Proposition 65.
  • Assisted insurance companies with insurance regulatory issues.
  • In pro bono matter, obtained asylum on behalf of an Iranian woman.
  • In pro bono matter, prevailed on appeal to the Ninth Circuit in religious freedom case. 

Admitted to the Bar:

California
Massachusetts

Awards:

Prosser Award for Civil Procedure

Prosser Award for Conflict of Laws

Organizations:

American Bar Association – Forum on Franchising

International Franchise Association

Publications:

Norman Leon, John Hughes, Joel Siegel, and Karen Marchiano, “Judicial Update” for International Franchise Association 42nd Annual Legal Symposium (May 18-19, 2009).

Paul E.B. Glad, Sean McEneaney, and Karen Marchiano, “Bad Faith Law Keeps Up With the Joneses,” Insurance Litigation Reporter, 2004.