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Marc Capuano

Marc Capuano is a stand-up litigator in the Washington, DC office, where he represents clients in all phases of complex class actions and commercial litigation, including dispositive motions, discovery, and trial.

Marc works with national and international clients across various industries to help them successfully resolve their most difficult litigation challenges in state and federal court. Among others, Marc has counseled clients in the life sciences, pharmaceutical, technology, and automotive industries. Marc has expertise in all stages of litigation, including drafting dispositive motions, taking and defending depositions, and in-court argument. A member of multiple trial teams in both state and federal court, Marc understands how to position and prepare cases for successful resolution at trial.

Marc’s active pro bono practice includes first-chairing a Maryland first degree murder trial during which the team secured their client’s acquittal and successful litigation to defend the rights of swing-state voters following the 2020 Presidential election. Marc has honed his oral advocacy through his pro bono work, including by arguing Daubert and other substantive motions, giving the opening statement at trial, and conducting trial cross and direct examinations.

Prior to joining Covington, Marc served as a law clerk to U.S. District Judge Robert E. Payne of the Eastern District of Virginia (Richmond). A native Rhode Islander, before attending law school, Marc worked as Correspondence Director and Legislative Correspondent for U.S. Senator Jack Reed (RI) in Washington.

Expert evidence commonly plays an important role in class certification determinations.  On August 5, the Seventh Circuit addressed this issue, holding that in a proposed antitrust class action, the district court erred in certifying a class when it failed to engage with conflicting expert evidence regarding antitrust impact that could have established lack of predominance.        

The case, Arandell Corp. v. Xcel Energy Inc., — F.4th —, 2025 WL 2218111 (7th Cir. 2025) was a long-running natural gas price fixing case.  Plaintiffs moved to certify a Rule 23(b)(3) class.  They argued that common questions of law or fact predominated, including “whether the class paid higher prices for natural gas[.]”  Id. at *4.  Plaintiffs and defendants had competing experts on the predominance issue as it related to impact.  Id. Continue Reading District Courts Must Address Conflicting Expert Evidence to Certify Antitrust Class Action, Seventh Circuit Rules