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.
Won summary judgment on a complex breach of contract action under Arizona law after convincing the court to vacate summary judgment rulings adverse to the client and allow our client to file its own dispositive motion.
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 for an insurance company client 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 claim for US subsidiary of a Japanese technology company in relation to a trade credit claim.
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 for an insurance company in relation to a bad faith case alleging coverage under an E&O insurance policy.
Won summary judgment and recovered over $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.
Successfully resolved hundreds of class actions in the US and in Canada arising out of the largest pet food recall in US history.
- 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
- Loyola Marymount University (JD) (1991)
- Pomona College (BA) (1987)
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