- Dartmouth College, AB, graduated 1977
- New York, New York State Bar Association
Recognized in The Best Lawyers in America for work in:
- Mass Tort Litigation / Class Actions - Defendants
- United States District Court
- American Cyanamid Company: Serving as national counsel for American Cyanamid in its lead-pigment-in-paint litigation. The cases include personal injury and property damage actions brought on behalf of states, local governments, private classes and individuals. The plaintiffs’ legal theories include public nuisance as well as product liability. Mr. Mark has won summary judgments in favor of Cyanamid in lead pigment cases in New York, Maryland and Wisconsin. He has successfully resolved other cases in California, Illinois, Mississippi, Missouri and Texas. Mr. Mark also represented Cyanamid in State of Rhode Island v. Lead Industries Association, in which the manufacturers convinced the Rhode Island Supreme Court to reject the State’s novel attempt to hold product manufacturers liable for public nuisance. Mr. Mark argued for Cyanamid in the Wisconsin Supreme Court inGodoy v. E.I. DuPont DeNemours & Co., 2009 WI 78 (2009).
- Chevron Corporation: Member of the team that successfully represented Chevron in the action that won a judgment of civil RICO liability against defendants for using corrupt means to obtain a multi-billion dollar judgment against Chevron in an environmental case brought in the courts of Ecuador.
- Wyeth: Acting as national counsel for Wyeth in hundreds of product liability cases involving claims that Wyeth’s childhood vaccines containing thimerosal caused autism in some vaccinated children. He argued preemption motions in vaccine cases in federal and state trial and appellate courts in Alabama, Illinois, Louisiana, Maryland, Massachusetts, New Hampshire, Oregon and Pennsylvania. Mr. Mark argued, and won, the first federal appellate court ruling that the federal Vaccine Act pre-empts design defect claims for vaccine-related injuries. Bruesewitz v. Wyeth, Inc., 561 F.3d 233 (3d Cir. 2009),aff’d 562 U.S. ___ (2011).*
- Lawson Software, Inc.: Represents Lawson Software, defendant in an action seeking an order of contempt of an injunction entered after a judgment of patent infringement.
- PricewaterhouseCoopers, LLP: Represents PricewaterhouseCoopers in wage-and-hour class action litigation. In Commission v. PricewaterhouseCoopers,LLP, 2012 WL 3070217 (S.D.N.Y. July 27, 2012), a proposed class action under New York Labor Law and the Fair Labor Standards Act on behalf of 3,800 putative class members, Mr. Mark secured dismissal of the state law claim for failure to satisfy the Class Action Fairness Act jurisdictional requirements, and denial of plaintiff’s motion to create federal jurisdiction by amending the complaint to add an FLSA claim.
- Mycogen Plant Science, Inc.: Represented Mycogen in cases involving patents on making genes that confer insect-resistance, methods of making such genes, and methods of transforming plants with such genes. These cases, which focused on transgenic corn crops, were at the leading edge of applied molecular biology. He argued and briefed appeals before the Federal Circuit, includingMycogen Plant Science, Inc. v. Monsanto Co., 252 F.3d 1306 (Fed. Cir. 2001) and Mycogen Plant Science, Inc. v.Monsanto Co., 243 F.3d 1316 (Fed. Cir. 2001).*
- American Cyanamid Company: Represented American Cyanamid in a dispute relating to the invention of a particular formulation for a prenatal multivitamin / mineral supplement with iron. The University of Colorado Foundation, Inc. v. American Cyanamid Company, 342 F.3d 1298 (Fed. Cir. 2003).*
- School Specialty, Inc.: Won enforcement of an arbitration agreement to resolve a post-closing purchase price adjustment dispute. McGraw-Hill Companies, Inc. v.School Specialty, Inc., 42 A.D.3d 360, 840 N.Y.S.2d 47 (1st Dep’t 2007).*
- The Dow Chemical Company: Represented Dow Chemical in connection with a nationwide class action alleging personal injury and property damage caused by exposure to pesticide containing Dursban®. Mr. Mark won dismissal of the civil RICO and other federal claims asserted in the case. Williams v. The Dow Chemical Co., 255 F. Supp. 2d 219 (S.D.N.Y. 2003).*
- Pro bono: As pro bono counsel appointed by the U.S. Court of Appeals for the Second Circuit, Mr. Mark represented an individual petitioning for review of a final order of removal. Mr. Mark argued that the petitioner had derived U.S. citizenship through the petitioner’s naturalized father. The Second Circuit granted the petition and remanded the matter to the Board of Immigration Appeals (BIA) for further action. Watson v.Holder, 643 F.3d 367 (2d Cir. 2011). On remand, the BIA recognized the individual’s entitlement to U.S. citizenship.
- Investigations: Represented businesses and individuals in investigations conducted by the New York State Attorney General’s Office, the New York City Department of Investigation and the New York City Conflicts of Interest Board. He has also conducted internal investigations for professional services firms and for a labor union.
- Government representations: As an Assistant United States Attorney,* Mr. Mark’s noteworthy representations of the government included In re Chateaugay (United States v. LTV Corp.), 944 F.2d 997 (2d Cir. 1991) (dischargeability of contingent environmental liabilities);Abrams v. Brady, 77 N.Y.2d 741, 570 N.Y.S.2d 468 (1991) (upholding constitutionality of federal statute controlling disposition of unclaimed tax refunds); and United Statesv. International Brotherhood of Teamsters, 931 F.2d 177 (2d Cir. 1991) (consent decree binds non-party affiliates of signatory international union).
Avenue Louise 480
32 2 554 7000
Rua Funchal, 418, 35° andar
São Paulo 04551-060
55 11 3521 7160
Unit 1301, Tower 1, China Central Place
No. 81 Jianguo Road, Chaoyang District
86 10 6502 8500
166, rue du faubourg Saint-Honoré
33 1 56 43 13 00
49 69 247 411 500
49 89 189 33 0
32/F, Gloucester Tower
15 Queen's Road Central
852 2214 3700
One Raffles Quay
Level #37-01, North Tower
65 6507 3600
United Arab Emirates
United Arab Emirates
Dubai International Finance Centre, Building Five, Level Four
P.O. Box 506654
United Arab Emirates
971 (0)4 318 4600
2-4 Temple Avenue
London EC4Y 0HB
44 20 7071 4000
3161 Michelson Drive
Irvine, CA 92612-4412
2029 Century Park East, Suite 4000
Los Angeles, CA 90067-3026
1881 Page Mill Road
Palo Alto, CA 94304-1211
555 Mission Street, Suite 3000
San Francisco, CA 94105-0921
1801 California Street, Suite 4200
Denver, CO 80202-2642
District of Columbia
District of Columbia
1050 Connecticut Avenue, NW
Washington, DC 20036-5306
200 Park Avenue
New York, NY 10166-0193
2100 McKinney Avenue, Suite 1100
Dallas, TX 75201-6912
Lawyer Case History
Bruesewitz v. Wyeth, Inc., 561 F.3d 233 (3d Cir. 2009), aff’d 562 U.S. ___ (2011)
injuries. The ruling effectively ended litigation in courts nationwide involving huindreds of claims.
Godoy v. E.I. DuPont DeNemours & Co., 2009 WI 78 (2009)
Watson v. Holder, 643 F.3d 367 (2d Cir. 2011)
Election Supervisor, International Brotherhood of Teamsters
The nation-wide election is conducted pursuant to a consent decree entered in United States v. IBT, 88 Civ. 4486 (SDNY), and involves conducting candidate nominations, oversight
campaign finances, investigation and determination of election rule violations (more than 700 decisions), and an accurate count of voted ballots.