Representative Legal Matters
Mark has recently handled the following matters:
- Obtained judgment by a motion to dismiss on standing and jurisdiction grounds in a consumer class action alleging manufacturing defects, breach of warranty and false advertising under various states’ consumer protection statutes.
- Obtained a verdict on breach of contract and fraud claims relating to medical device products.
- Obtained dismissal with prejudice of a consumer class action in the Southern District of New York alleging false labeling and unfair business practices.
- Successfully defeated class certification and obtained a dismissal in a consumer class action involving alleged mislabeling claims on over 100 products.
- Obtained a jury verdict in a breach of contract and breach of fiduciary duty case involving an investment in a pharmaceutical company.
- Obtained summary judgment and an award of more than USD 600,000 in sanctions in an insurance bad faith case that was affirmed in full by the Ninth Circuit on appeal.
- Obtained USD 10 million settlement of a USD 2 million insurance claim for the US subsidiary of a Japanese technology company.
- Obtained dismissal of claims at trial against a Hong Kong-based client for patent infringement, theft of intellectual property and conversion.
- Obtained summary judgment in a Montana federal court in relation to a bad faith case under an E&O insurance policy.
- Won summary judgment and recovered over USD 2 million through a subsequent settlement in a breach of contract action in federal court in Montana.
- Won summary judgment and obtained rescission of a broker/dealer E&O insurance policy in New York State Court after proving that the insured, who defrauded hundreds of its clients, committed fraud on an insurance policy application.
- Northern California Super Lawyers, 2005-2006 and 2008-2019
- Leading Individual in Product Liability and Mass Tort Defense - Consumer Products, Legal 500 US, 2009-2010, 2015-2017
Professional Associations and Memberships
- American Bar Association - Fellow
- American Bar Association - Member
- International Association of Defense Counsel - Member
- Litigation and Intellectual Property Sections of the Bar Association of San Francisco - Member
- U.S. Court of Appeals, Ninth Circuit~United States
- U.S. Court of Appeals, Third Circuit~United States
- U.S. District Court, Central District of California~United States
- U.S. District Court, Eastern District of California~United States
- U.S. District Court, Northern District of California~United States
- U.S. District Court, Southern District of California~United States
- U.S. District Court, District of Colorado~United States
- Loyola Marymount University (JD) (1991)
- Pomona College (BA) (1987)
Co-author, “Plastic and Recyclability Litigation: Best Practices to Minimize Risk,” NACD BoardTalk, July 2022
Contributing author, International Arbitration Yearbook, Baker McKenzie, 2021
Co-author, "No Force Majeure Clause? Other Potential Options to Excuse Contractual Performance Under US Law in the Face of COVID-19," Baker McKenzie Insight, 6 March 2020
Co-author, "US: When Is Force Majeure Really Force Majeure?," Baker McKenzie Insight, 5 March 2020
Co-author, "Four Considerations for Developers of Next-Generation Combination Products," MPO, 4 March 2020
Co-author, "5 Key Issues Raised in Most CBD Product Class Actions," Law360, 16 January 2020