PARTNER University of Texas J.D., 2002 High Honors Order of the Coif Clerk of the Chancellors Rice University B.A., Economics, Political Science, 1997 Law Clerk to the Hon. Edith H. Jones U.S. Court of Appeals, Fifth Circuit 2002-2003 Texas Rising Star, 2010 Texas Monthly Magazine Admitted to Practice Texas, 2002 Printer Friendly Version MARC S. TABOLSKY mtabolsky@yettercoleman.com  |   512.533.0114   |   Austin   |     vCard Mr. Tabolsky's practice focuses on appellate litigation in state and federal courts across the country. He has represented plaintiffs and defendants in cases involving a wide array of civil claims including securities fraud, professional malpractice, product liability, antitrust violations, trade-secret misappropriation, patent infringement, breach of contract, fraudulent transfer, breach of fiduciary duty, RICO violations, fraud, tortious interference, unfair competition, defamation, negligence, and wrongful death. He has also worked on a number of appeals arising out of bankruptcy proceedings. Mr. Tabolsky graduated with high honors from the University of Texas School of Law. While in law school, he was Clerk of the Chancellors honor society, a member of the Order of the Coif, and the recipient of Dean's Achievement Awards in Constitutional Law and Civil Procedure. He also served as an intern to the Honorable Bea Ann Smith of the Third Court of Appeals in Austin, Texas. After graduation, he clerked for the Honorable Edith H. Jones of the United States Court of Appeals for the Fifth Circuit. He is admitted to practice in the State of Texas, the United States Supreme Court, the United States Courts of Appeals for the Second, Third, Fifth, Eighth, Eleventh, and Federal Circuits, and the United States District Courts for the Eastern, Northern, Southern, and Western Districts of Texas. Representative matters: Mullins v. TestAmerica, Inc., et al., 564 F.3d 386 (5th Cir. 2009): Obtained reversal of $5 million judgment based on breach-of-contract, fraud, and fraudulent-transfer claims. Canatxx Energy Ventures, Inc. v. Gen. Elec. Capital Corp., 2008 WL 4601691 (5th Cir. 2008): Obtained reversal of $136.8 million judgment based on breach-of-fiduciary-duty, constructive-fraud, civil-conspiracy, and unfair-competition claims; Fifth Circuit rendered take-nothing judgment against plaintiffs. Canyon Reg'l Water Auth. v. Guadalupe-Blanco River Auth., 258 S.W.3d 613 (Tex. 2008): Obtained reversal of court of appeals' decision holding that water authority could not condemn easements needed for expanded water intake structure and pipeline. In re Exxon Mobil Corp. Securities Litigation, 500 F.3d 189 (3d Cir. 2007): Obtained affirmance of dismissal of putative securities-fraud class action in which the plaintiffs alleged billions of dollars in damages. In re Napster Copyright Litigation, 479 F.3d 1078 (9th Cir. 2007): Obtained reversal of order compelling the production of attorney-client communications under the crime-fraud exception to the attorney-client privilege. Shane v. Humana, Inc., 228 F. App'x 927 (11th Cir. 2007): Obtained affirmance of summary judgment dismissing claims against UnitedHealth Group brought by a class of over 600,000 physicians after several other defendants paid hundreds of millions of dollars in settlements. Morales v. Liberty Mutual Ins. Co., 241 S.W.3d 514 (Tex. 2007): Obtained reversal of dismissal of a suit for judicial review of an administrative agency's adverse determination.