Mark’s litigation practice of 40 years has been devoted to the prosecution and defense of general commercial, securities, financial services, employment, trade secret, fraud, and professional liability matters. Many of these engagements were on behalf of large public companies and others on behalf of mid-market companies, partnerships, joint ventures, and individuals. Many have involved the enforceability of non-competition agreements (including employee “raiding” claims) and related claims of fraud, tortious interference, and breach of fiduciary duty.
Mark has also represented financial institutions, accounting firms, and issuers of securities in shareholder proxy fights and in the defense of shareholder derivative and securities class-action litigation involving debt and equity securities, commodities, derivatives, and financial futures contracts.
He has represented energy industry participants in a wide variety of matters, handling and trying cases for exploration, service, and mid-stream companies involving royalty, implied covenant, and other leasehold disputes; drilling mishaps; tubular and sub-sea pipeline failures; indemnification; insurance; joint operating agreements; area of mutual interest agreements; and other agreements surrounding the exploration, production, and transportation of oil and gas.
Mark has served on many occasions as counsel to corporate audit or special committees in their internal or independent investigations of corporate conduct, compliance, and reporting, and has regularly represented public companies in proceedings before the SEC.