Mark is a mediator and arbitrator and the Director of Commercial Arbitration for Judicate West, with offices throughout California. Prior to becoming a full-time neutral, Mark served as general counsel and senior executive to both Dreyer's Grand Ice Cream, Inc. and Ross Stores, Inc., where he managed all litigation and other legal affairs for his companies. Mark also served as part of the senior legal leadership for Nestle, S. A. during part of this time period, following Nestle's acquisition of Dreyer's. Prior to his general counsel experience, Mark spent two decades litigating, arbitrating and mediating antitrust, intellectual property, commercial, consumer and employment cases -- both class and individual actions -- for clients ranging from Fortune 100 companies to individuals and small businesses.
Mark began mediating in the late 1990s when he was first appointed by the federal court in San Francisco to help resolve actions involving commercial, antitrust, intellectual property, contract, employment and class actions. Since retiring as general counsel in 2013, Mark's private ADR practice encompasses this same array of complex business disputes as well as consumer, employment, data privacy, social media, insurance, construction and real estate disputes. Mark's approach is shaped by having worn virtually all professional hats in the legal arena -- as a litigator representing plaintiffs and defendants, as a general counsel resolving hundreds of litigation matters and crisis events, as a senior executive as well as a client. Central to all that work was helping decision-makers of all types make realistic, risk-based choices based upon alternative scenarios and the practical tradeoffs of pursuing various course. As a mediator, Mark uses all those experiences to help craft appropriate resolutions for everyone.
Mark also teaches Mediation Advocacy at the University of California, Davis' School of Law, and lectures at the University of California, Berkeley's Haas School of Business on litigation management, intellectual property, antitrust and alternative dispute resolution. Mark has been appointed a Distinguished Fellow of the International Academy of Mediators, has earned Martindale Hubbell's highest rating, and been named a Best Lawyer in America for Mediation for successive years by U.S. News -- Best Lawyers(c). His extended profile is at www.marklehocky.com.
Mediation Experience and Expertise
- Intellectual property (patents, trademarks, copyrights, trade secrets)
- Employment (class and individual actions)
- Consumer (class and individual actions)
- Commercial, antitrust, unfair competition and other business tort disputes
- Insurance coverage and contract disputes
- Real estate leasing, sales and contruction defect disputes
- Business acquisition and dissolution disputes
- Social media, privacy and data breach disputes
Nestle S.A. / Dreyer's Grand Ice Cream, Inc. Merger Transaction — Mark helped design and execute the merger transaction between Dreyer's Grand Ice Cream, Inc. and Nestle, S.A., as well as the subsequent resolution of the antitrust review and challenge of the proposed merger transaction by the Federal Trade Commission.