In-house Counsel File: Michael L. Martinez, Marriott International, Inc. | Practical Law

In-house Counsel File: Michael L. Martinez, Marriott International, Inc. | Practical Law

A profile of Michael L. Martinez, Senior Vice President and Associate General Counsel, Dispute Resolution of Marriott International, Inc.

In-house Counsel File: Michael L. Martinez, Marriott International, Inc.

Practical Law Article 7-532-2737 (Approx. 3 pages)

In-house Counsel File: Michael L. Martinez, Marriott International, Inc.

by Practical Law Litigation
Published on 15 Jun 2013USA (National/Federal)
A profile of Michael L. Martinez, Senior Vice President and Associate General Counsel, Dispute Resolution of Marriott International, Inc.
Education: 1978: J.D., University of California, Berkeley School of Law; 1975: A.B. (Economics), University of California, Davis.
Brief Career to Date: 2011–present: Marriott International, Inc., Senior Vice President and Associate General Counsel; 2001–2011: Crowell & Moring LLP, Litigation Partner; 1998–2001: Thompson Hine LLP, Litigation Partner; 1993–1998: Holland & Knight LLP, Litigation Partner; 1985–1993: US Attorney's Office (Washington, DC), Assistant US Attorney (1989–1993: Deputy Chief of the Civil Division); 1983–1985: US Attorney's Office (Philadelphia), Assistant US Attorney; 1979–1983: US Urban Mass Transportation Administration (now Federal Transit Administration), Attorney Advisor; 1978–1979: US Department of Transportation (DOT), Honors Attorney.
Location of Company HQ: Bethesda, Maryland.
Primary Industry Sector: Hospitality and travel.
Revenues in the Last Financial Year: $11.8 billion.
Number of Employees Worldwide: 145,000.
Law Department Locations: Bethesda, Zurich, Dubai, New Delhi, Hong Kong, Shanghai and Beijing.
What is the total number of attorneys in the company worldwide, and how many focus on litigation? We have approximately 60 attorneys worldwide, of which four are full-time litigation attorneys.
Where does litigation fall within the organizational structure? Litigation is part of the Dispute Resolution division within the Law Department. The Dispute Resolution team oversees the company's litigation, arbitration and dispute resolution matters worldwide, with the exception of labor and employment, tax and lower-level tort cases. The team reports to me, and I report to the General Counsel.
Have any recent legal developments changed the way your department operates? No specific developments have changed the way the Law Department operates, but we are always attuned to developments in the law and address them as necessary. We try to anticipate issues and be proactive. For example, Marriott is very proud of being on the list of the most ethical companies in the world. We have over time instituted a number of controls and policies within the company to ensure that we maintain that designation.
What is keeping your department's attorneys the busiest at the moment? We currently have two significant cases involving the circumstances under which a long-term management agreement can be terminated and the consequences of termination. Because this issue goes to the core of how the hospitality industry has operated, these cases have garnered a great deal of our attention. In addition, Marriott is one of several hotel companies named as defendants in a putative class action challenging how online travel agencies reserve and charge for hotel reservations. Of course, we have many other ongoing cases as well.
How typical or unique is the scope of responsibilities for the company's litigation attorneys? Our litigation group manages a wide variety of matters worldwide that range from the routine to the highly complex. I think we are somewhat unique in that we are a small group with a very broad range of responsibilities.
What types of issues will cause you to turn to outside litigation counsel? Because we are a small group, we typically use outside counsel for almost every case that is in litigation. We simply do not have the time or resources to do otherwise. We have a small core of law firms that we use for our major cases.
What three things does a law firm need to do to impress you? First, the firm must exhibit an interest in being our partner. That is fundamental. Our core firms know our business and often anticipate our needs. They understand the legal arguments that need to be made and how those arguments support our business goals. Second, the firm must be proactive, for example, by making suggestions about potential legal arguments and fee arrangements. Third, the firm should understand and mesh with the wonderful Marriott culture.
Can you describe the career path that led you to become an in-house litigation counsel? I knew I wanted to be an attorney from the time I was in high school. The first job I had out of law school was with the Honors Attorney Program of the DOT, where I confirmed my desire to litigate. I then became a litigator for an agency within the DOT, working towards my goal of becoming an Assistant US Attorney. I served as an Assistant US Attorney for ten years, gaining great courtroom experience. From there, I went into private practice for several years. Although I was not looking to move, the in-house opportunity at Marriott seemed like a perfect fit. I am able to combine my litigation experience with Marriott's business objectives and work with great people along the way.
If not an attorney, what would you wish to be? Starting pitcher for the St. Louis Cardinals.
What one piece of advice would you give to prospective in-house litigation counsel? Understand your company's business and use litigation as a sword, not just as a shield. In other words, try to use the cases brought against you in a way that advances the business goals you are seeking to achieve.