Martin K. Deniston Senior Counsel




Martin Deniston serves professional clients in the areas of employment practices liability, lawyers professional liability, real estate brokers and agents liability, securities agents and brokers liability, and other professional liability matters; commercial/business liability; and insurance-related matters and litigation. Additionally, Marty has extensive trial experience and has tried matters in both state and federal courts, as well as in the arbitration context. He also has experience handling class action litigation.

A world traveler with a strong interest in history and other cultures, Marty brings a broad perspective to the table along with a world view and knowledge that go far beyond the parameters of the law. His willingness to take difficult, high-exposure cases to trial has given him a well-earned reputation for the kind of skill and experience clients want in an adviser and advocate.

Areas of Focus

Employment & Labor
Marty has extensive experience in all kinds of litigation in state and federal courts and governmental agencies, such as the United States Equal Employment Opportunity Commission and the California Department of Fair Employment and Housing. He has represented employers in numerous contexts, including claims for all types of discrimination, sexual harassment, wrongful termination, family medical leave issues, wage and hour violations, fraud, class actions, defamation, retaliation and breach of contract. He has advised clients on restrictive covenants in regard to the scope and enforceability of non-compete agreements and trade secrets and confidential information agreements in the context of employment relationships. He also advises and assists employers on employee training issues, employee manuals, and pre-litigation claims investigation and resolution. A 27-year veteran of the firm, Marty counsels employers on how to avoid claims through training and adequate documentation and how to resolve them when they are made prior to litigation. In the litigation arena, he has represented employers in numerous contexts, including claims for all types of discrimination, sexual harassment, wage and hour violations, fraud and breach of contract.

Professional Liability
Marty has been handling legal malpractice matters for more than 25 years. The cases he has handled run the gamut from straightforward professional negligence claims to claims involving alleged fraud and ethical violations to malicious prosecution claims. In his practice, Marty has represented lawyers in state and federal court and in arbitration forums.

Marty also handles real estate matters that include breach of contract, leasing disputes, professional negligence, and disclosure and due diligence issues.

In addition, Marty has litigated numerous cases involving professional liability as counsel of record. Those cases have involved the representation of accountants, securities brokers and dealers, real estate agents and brokers, insurance agents and brokers, and escrow agents.

Class Action Litigation
Marty is experienced in developing strategies to deal with class action litigation, often complicated by duplicative and overlapping claims that are filed in multiple courts around the country during the same time period. He has successfully defended class action claims by defeating class certification motions, prevailing at trial and prevailing on appeal. 

Commercial Litigation
In addition to traditional business disputes, Marty has extensive experience in handling claims alleging unlawful, unfair or fraudulent business practices.

Insurance / Bad Faith
Marty has substantial experience advising and defending insurers in coverage and bad faith litigation and has worked with both private companies and numerous insurance companies in the United States as well as with underwriters at Lloyd’s of London.

Representative Matters

Obtained a defense verdict for lawyers charged with mishandling litigation for a client in the entertainment field.

Obtained a defense verdict for lawyers charged with mishandling personal injury litigation.

Obtained defense verdict for a doctor charged with pregnancy discrimination.

Obtained a defense verdict for a client accused of sexual discrimination.

Obtained a defense verdict for a client accused of race and age discrimination.

Obtained a defense verdict for a real estate broker accused of professional negligence.

Obtained a defense verdict for a client in a real estate dispute.

Obtained a defense verdict securities broker-dealer and agents accused of misrepresentation and failure to conduct adequate due diligence.

Obtained a defense verdict for a nationwide product manufacturer in a class action case.

Successfully defeated class certification for a nationwide product manufacturer, which was upheld on appeal.