Mark Hatch-Miller
Partner
New York Office Phone: (212) 336-8332 Email Download vCard Print Bio to PDF
Education
  • Wesleyan University, B.A.
  • Yale Law School, J.D.
Judicial Clerkship

The Honorable Mark R. Kravitz, United States District Court for the District of Connecticut

The Honorable Reena Raggi, United States Court of Appeals for the Second Circuit

Mark Hatch-Miller
Partner

Mark Hatch-Miller, a graduate of the Yale Law School and a former law clerk to two federal judges, is one of the country’s top young trial and appellate attorneys.

Mark has extensive experience representing clients ranging from Fortune 500 companies, such as Walmart and Nasdaq, to smaller businesses and individuals. He’s been involved in numerous headline-grabbing matters—including Dominion Voting Systems’ defamation lawsuits against Fox News Network and Newsmax TV. These cases have attracted widespread attention from outlets such as the New York Times, CNBC, The Associated Press and LA Times.

Mark practices in a wide range of subject-matter areas, including contracts, patent infringement, trade secrets misappropriation, securities fraud, qui tam/false claims, defamation, product liability, and antitrust, among other areas. He handles pro bono matters ranging from individual employment discrimination disputes to amicus briefs filed in high-profile Supreme Court cases.

“Mark is an exceptional litigator, with terrific instincts and a matching intellect. He’s been highly effective for us, and I would recommend him to anyone facing a high-stakes legal battle.”
Sam Humphreys, CEO, London Bay Capital

Proven Results

Whether through trial verdicts or arbitration awards, via pre-trial motion wins, or through favorable settlements, Mark regularly secures results for his clients.

Mark 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

Mark 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.

Mark secured a $19 million settlement (approximately $12 million after fees and expenses) for a class of plaintiffs 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.

Mark obtained summary judgment rulings against three different defendants for plaintiff YH Lex Estates LLC in a New York state court action seeking to collect a nearly $20 million debt. Mark initially won an early summary judgment ruling against one of the two guarantors of an unpaid real estate project-related loan. Mark later won a unanimous summary judgment ruling on appeal against the real estate firm defendant and the other guarantor. You can watch Mark argue the appellate case here (start @23:19). This high profile case was covered in New York Magazine’s Curbed and Crain’s New York Business section.

“Mark is a formidable advocate to have on your side. I have watched him face-off against many trial lawyers and Mark is always legally superior –  his litigation skills are unrivaled and his ability to understand a case from big picture to the critical small details is unmatched. With Mark we know we are always in good hands.”
Jay Jani, Vice President and Chief Patent Counsel, Globus Medical Inc.

Honors and Community Involvement

Mark has been recognized by Super Lawyers (published by Thompson Reuters) as a “Rising Star” in the area of general litigation for the New York Metro Area every single year since 2014. Similarly, Benchmark Litigation has named Mark to its 40 & Under Hot List of up-and-coming trial lawyers every year since 2019.

Mark is active in charitable and bar organizations, including the Federal Bar Council and its Inn of Court program. Mark serves on the board of directors and as treasurer of Recess, a Brooklyn-based arts non-profit dedicated to advancing racial justice.

Notable Representations
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 summary judgment for client YH Lex Estates LLC on a $12.6 million voidable transfer claim against defendant Ranee A. Bartolacci and her company Ermitage One LLC.
  • 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.

Appellate

  • Obtained summary judgment rulings against three different defendants for plaintiff YH Lex Estates LLC in a New York state court action seeking to collect a nearly $20 million debt. Mark initially won an early summary judgment ruling against one of the two guarantors of an unpaid real estate project-related loan. Mark later won a unanimous summary judgment ruling on appeal against the real estate firm defendant and the other guarantor. You can watch Mark argue the appellate case here (start @23:19).

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 defamation lawsuits 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 2021 winter storm Uri in Texas.
  • Representing NASDAQ in a trade secrets misappropriation litigation against competitor MIAX.