Mark J. Prak

Mark J. Prak


Brooks, Pierce, McLendon, Humphrey & Leonard LLP

Recognized since 1993

Raleigh, North Carolina

Practice Areas

First Amendment Law

Litigation - First Amendment

Media Law

Mergers and Acquisitions Law

Lawyer of the Year Badge - 2013 - Litigation - First Amendment
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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.

Contact & Links
Location
  • Wells Fargo Capitol Center, Suite 1700
    150 Fayetteville Street
    P.O. Box 1800
    Raleigh, NC 27602
Education
  • Duke University, J.D., graduated 1980
  • Duke University, A.B. Political Science, graduated 1977
Bar Admissions
  • North Carolina, North Carolina Bar Association
Affiliations
  • Chief Justice's Media and Courts Forum - Past Member
  • Old Baldy Foundation - Chairman, Board of Directors
  • United Arts Council of Raleigh and Wake County - Member, Board of Directors
Court Admissions
  • US Court of Appeals - 1st, 2nd, 3rd, 4th, 6th, 7th, 8th, 9th, 11th, DC Circuits
  • US District Court - Western District of NC
  • US District Court - Middle District of NC
  • US District Court - Eastern District of NC

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® 2024 for work in:
  • First Amendment Law
  • Litigation - First Amendment
  • Media Law
  • Mergers and Acquisitions Law
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‚Äôs "Legal Elite" in Litigation (2014)
  • Named North Carolina Litigator of the Year by Benchmark Litigation (2012)
  • 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
  • Awarded the 2019 Business Support of the Arts Award by the United Arts Council of Raleigh and Wake County
  • Recognized in North Carolina Super Lawyers (Thomson Reuters) in First Amendment/Media/Advertising Law (2006-2014), and Communications (2015-2023)
  • Member, North Carolina Pro Bono Honor Society (2021)

  • Recognized as a North Carolina Litigation Star in Benchmark Litigation: The Definitive Guide to America's Leading Litigation Firms & Attorneys (2013-2022) in First Amendment, General Commercial and Intellectual Property
Additional Areas of Practice:
  • Government Relations Practice

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Publications

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