Past Wins

Trial and Arbitration

• Won a take-nothing defense verdict for medical device manufacturer Globus Medical Inc., in a patent infringement dispute before a Texas federal court. Mark also obtained several key pre-verdict wins in the case, including on summary judgment motions and motions to limit expert testimony. After the Globus trial win, Mark co-wrote an article for The Corporate Counselor about his experience trying the case.
• Won a more than $4 million breach of contract verdict for Westlake Chemical Corporation against James Construction Group in Texas state court. The jury sided with Westlake on claims that safety issues justified removing the contractor, James, from a $400 million construction project. The intermediate appellate court affirmed the verdict and vacated a separate $1.2 million verdict for James on certain counterclaims. (Under review by the Texas Supreme Court.)
• Represented online advertising firm Selling Source, LLC in a New York arbitration regarding the equity earn-out provision in an acquisition contract, and won an award rejecting 93% of the plaintiff’s claims, and ordering the plaintiff to reimburse arbitrator fees previously paid by Selling Source.

Pre-Trial

• Won nearly $20 million for plaintiff YH Lex Estates LLC at summary judgment in New York state court. The case sought to enforce unpaid promissory notes related to a major Manhattan residential development project against an individual guarantor.
• Obtained a complete defense-side summary judgment win for online advertising firm Selling Source, LLC, in a New York state court breach of contract dispute over an alleged $28.7 million debt.
• Won a complete defense-side summary judgment victory for auto parts manufacturer Sensata Technologies, Inc., in a New York state court product liability case.

Landmark Settlements

• Represented whistleblowers and helped the government secure a $40.5 million settlement in a medical false claims lawsuit in New York Federal Court against Apria Healthcare Group; the whistleblowers recovered $4.34 million.
• Secured a $19 million settlement (approximately $12 million after fees and expenses) for the class in a New York federal court price-fixing case against Coach USA Inc. and City Sights LLC, providers of “hop-on, hop-off” double-decker bus tours of New York City.
• Represented Pacific Life Funds and OppenheimerFunds as opt-outs from the landmark New York federal court securities fraud class action against American International Group, Inc., arising from AIG’s misstatements and omissions to investors leading up to its 2008 bailout; the cases settled on confidential terms.
• Represented Walmart in contract and antitrust lawsuits in New York state and federal court against Visa USA Inc; the cases settled on confidential terms.
• Represented plaintiffs in a federal multi-district litigation against General Motors over an ignition switch defect. Mark’s work on a key personal injury bellwether case in New York federal court contributed to a favorable settlement on the eve of trial. This case received substantial press from outlets such as The Wall Street Journal.

Current Cases

• Serving as counsel to Dominion in its $1.6 billion defamation lawsuit against Fox News Network and Newsmax TV. Dominion accuses Fox News and Newsmax of making false claims that Dominion rigged the 2020 Presidential Election.
• Serving as counsel for individual plaintiffs and a proposed class of members of the Chicago Mercantile Exchange (CME) and the Chicago Board of Trade (CBOT). The case alleges that CME and CBOT breached their most fundamental obligations to members under the exchanges’ respective corporate charters, including by opening an electronic trading floor without required member approval.  Additional information about the case is available here.
• Counsel to Globus Medical defending broad claims alleging that Globus infringes numerous spinal device and medical instrument patents. The plaintiff brought the case in Texas federal court, but Mark won a rare ruling transferring the matter to Globus’s home state of Pennsylvania.
• Counsel to BML Properties Ltd. on claims that China Construction America (“CCA”), one of the largest contractors in the world, and other defendants committed fraud in connection with BMLP’s development of the “Baha Mar” resort complex in the Bahamas. BMLP seeks damages over a billion dollars.
• Representing Macquarie Energy in multiple disputes arising from the February 2015 winter storm Uri in Texas.
• Representing NASDAQ in a trade secrets misappropriation litigation against competitor MIAX.