Brooks, Pierce, McLendon, Humphrey & Leonard LLP

63 Best Lawyers awards

Brooks, Pierce, McLendon, Humphrey & Leonard LLP logo

Awarded Practice Areas

First Amendment Law Litigation - First Amendment Mergers and Acquisitions Law

Biography

A seasoned litigator and counselor, Mark represents businesses and trade associations, with particular expertise in media and communications law. For some clients, he provides specialized regulatory, legislative, corporate, or litigation work. For others, he serves an outside general counsel role. Throughout his career, Mark has developed a capacity for solving complex problems that have stymied others.

Mark’s principal clients are media and communications enterprises, such as digital media and web-based businesses, television and radio stations, newspapers, wire services, magazines and cable companies, as well as trade associations representing these industries.

He has represented communications businesses and state and national trade associations in administrative rule making proceedings before the FCC and other government agencies on issues such as: internet distribution of video products, content licensing and use agreements, retransmission consent agreements, network affiliation agreements, political broadcasting rules, cable, satellite and OTT carriage of television signals, digital television and radio, syndicated program exclusivity, compulsory copyright licenses, the siting of broadcast towers, and equal employment opportunity issues.

Mark counsels clients on day-to-day operational issues and transactions. He has significant experience in mergers, acquisitions and dispositions, including negotiating all aspects of asset sales, stock sales and merger agreements, securing requisite state and federal regulatory approvals, negotiating and drafting bank financing and security documents, and analyzing antitrust and competition issues.

He also assists businesses of all types in complying with laws relating to the use (or abuse) of telephones, email, text messages, faxes and other forms of business communications. Over the past decade, he has been increasingly involved in content licensing, intellectual property licensing, and data breach matters.

Mark has served as lead counsel in litigation of numerous cases in state and federal courts and before federal and state administrative agencies. His litigation experience includes: intellectual property issues, contract disputes, unfair competition, libel, invasion of privacy, indecent content, non-compete, labor and employment matters, public records, and corporate and insurance law issues. He has also represented corporations and educational institutions before the FCC and North Carolina Utilities Commission in administrative litigation.

Mark has testified before Congressional and state legislative committees and has assisted clients in lobbying and testifying before Congress, the North Carolina General Assembly, and the FCC in efforts to influence debate on broad issues of public policy and other matters of concern to a single client.

Brooks, Pierce, McLendon, Humphrey & Leonard LLP

63 Best Lawyers awards

Brooks, Pierce, McLendon, Humphrey & Leonard LLP logo

Overview

  • Duke University, J.D., graduated 1980
  • Duke University, A.B. Political Science, graduated 1977

  • North Carolina, North Carolina Bar Association

  • National Association of Broadcasters Political Action Committee - Trustee
  • Old Baldy Foundation - Chairman

  • U.S. Court of Appeals - 1st, 2nd, 3rd, 4th, 6th, 7th, 8th, 9th, 11th, DC Circuits
  • U.S. District Court - Western District of NC
  • U.S. District Court - Middle District of NC
  • U.S. District Court - Eastern District of NC
  • North Carolina, North Carolina Bar Association
  • National Association of Broadcasters Political Action Committee - Trustee
  • Old Baldy Foundation - Chairman
  • Duke University, J.D., graduated 1980
  • Duke University, A.B. Political Science, graduated 1977
  • U.S. Court of Appeals - 1st, 2nd, 3rd, 4th, 6th, 7th, 8th, 9th, 11th, DC Circuits
  • U.S. District Court - Western District of NC
  • U.S. District Court - Middle District of NC
  • U.S. District Court - Eastern District of NC

Client Testimonials

I have had the pleasure of working with Mark Prak for the past five years. During this time, he has provided tremendous service to the members of our association. I consistently receive outstanding feedback from those stations that contact Mark for advice. He has immense credibility and integrity, and is highly regarded by other communications attorneys. Moreover, his wealth of experience and breadth of knowledge about the issues facing our industry is amazing. However, Mark's expertise is only part of the equation. Perhaps most importantly, he is able to communicate his counsel to our members in a clear and concise manner, and he spends the time necessary to ensure that he has fully responded to the question at hand.

I have had the pleasure of working with Mark Prak at Brooks Pierce for over 10 years. Mark Prak represents Hearst Argyle Television and other major broadcast companies. Hearst Radio is only WBAL and WIYY (two radio stations). WBAL is the 50,000watts news/talk/sports voice for the state of Maryland. WIYY (98 ROCK) is a very aggressive personality music station. Each station provides it's own challenges. Mark Prak is the consummate representative. He prioritizes our needs. I can always count on Mark Prak for a prompt, yet thoughtful response. Mark always walks us through the challenge at hand and gives us the best and most honest advice. The Hearst Radio stations are well served by having Mark Prak as our lawyer.

Ed Kiernan (Hearst Radio)

Baltimore, MD

I have had the privilege of working with Mr. Prak for close to 15 years. He is a terrific attorney and an outstanding individual. I have found him to be one of the most effective outside attorneys that we, at Time Warner Cable, work with. He has a thorough knowledge of the relevant law and is still sensitive to the business needs of his clients. I have found him over the years to have the ability to communicate with our business people and me in a clear, concise, straightforward manner that really facilitates discussions and timely decisions. In short, Mark is an outstanding attorney who I can highly recommend.

Gary Matz (Time Warner Cable)

Stamford, CT

Mark Prak has represented Time Warner Cable and the North Carolina Cable Association for approximately 27 years. During this period, he has skillfully and quite successfully represented us in the General Assembly of North Carolina, with the NC Attorney General and State Treasurer of NC, the FCC, and in disputes with local franchise authorities. He has handled litigation and written Amicus Curiae briefs in various pending court cases and other legal circumstances. Mark is passionate in his opinions and fights hard for his clients. His knowledge of communications law and its application is exceptional. He projects an uncommon degree of confidence and is always optimistic of a successful outcome, imparting this confidence to his clients as well - the signature of a great attorney. He is responsive and works efficiently, always mindful and respectful of the clients' needs. Mark Prak is a professional in every way. He is a man of character, high ethical standards, and is a wonderful human being. Without hesitation and enthusiastically, I recommend Mark's services to anyone in need of professional representation.

Jack Stanley (Time Warner Cable)

Greensboro, NC

Mark Prak is both an outstanding attorney and a trusted advisor. His strong relationship with the FCC allows us to not only navigate current regulations, but, just as importantly, always have a sense of the underlying reasons for Commission actions. This "finger on the pulse" often gives us a forward look. Mark is the first person we call about news issues. His North Carolina location means he is always up to date on both Federal and State law. Recently we've also found Mark helpful in navigating web legal issues. There is no question Mark is one of the best attorneys I've worked with.

Hank Price (WXII-TV)

Winston Salem, NC

Awards & Focus

Lawyer of the Year Badge - 2013 - Litigation - First Amendment
Named "Lawyer of the Year" by Best Lawyers® for:
  • Litigation - First Amendment, Raleigh (2013)
Recognized in The Best Lawyers in America® 2026 for work in:
  • First Amendment Law
  • Litigation - First Amendment
  • Mergers and Acquisitions Law
Additional Areas of Practice:
  • Government Relations Practice
Special Focus:
  • Constitutional
  • COVID-19
  • Defamation
  • Defendants
  • Government Relations
  • Intellectual Property
  • Litigation
  • Media
  • Political Speech
Awards:
  • Recognized by his peers for inclusion in Business North Carolina’s "Legal Elite" in Litigation (2014)

  • Recognized as a "Litigation Star" by Benchmark Litigation for First Amendment (2013-2016), General Commercial, Intellectual Property (2013-2022), Professional Liability, and Securities (2017-2022)

  • Selected by his peers for inclusion in The Best Lawyers in America© in First Amendment Law (1993-2025), Litigation - First Amendment (2011-2025), Mergers and Acquisitions Law (2012-2025), and Media Law (2017-2024)

  • Named North Carolina Litigator of the Year by Benchmark Litigation (2012)
  • Recognized in North Carolina Super Lawyers (Thomson Reuters) in First Amendment/Media/Advertising Law (2006-2014), and Communications (2015-2024)

  • Member, North Carolina Pro Bono Honor Society (2021)

  • Inducted into the North Carolina Association of Broadcasters Hall of Fame, 2014, and received the Distinguished Service Award from the same organization in 2008
  • Honored by the North Carolina Cable Telecommunications Association as the 2006 President's Cup Recipient
  • Inducted into the Tower Club of the Southern Cable Telecommunications Association (2002)

  • Awarded the 2019 Business Support of the Arts Award by the United Arts Council of Raleigh and Wake County

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