Practices
Mark is a partner in the Firm’s Litigation & Investigations Group. He represents hedge funds, private equity firms, public companies, lenders and high net-worth individuals in complex commercial disputes with a focus on securities and breach of contract claims, partnership disputes, employment matters and other state law claims. Mark also has substantial experience representing activist investors in proxy contest litigations involving Sections 13 and 14 of the Securities Exchange Act.
In addition to his active complex commercial litigation practice, Mark has conducted investigations on behalf of clients in sensitive matters involving compliance with the Foreign Corrupt Practices Act and anti-money laundering requirements and represented clients in investigations and enforcement actions by the Securities and Exchange Commission, the Commodity Futures Trading Commission and the Department of Education.
Prior to his career as a litigator, Mark practiced as a corporate attorney and represented clients in mergers and acquisitions, private equity transactions, and shareholder activism campaigns.
Mark is admitted to the New York State Bar and is recognized in the 2026 edition of “Best Lawyers: Ones to Watch” as a leading attorney in the Commercial Litigation category.
Representative Experience
- Represented a significant shareholder of Boar’s Head Provisions Co., Inc. in a multi-front litigation concerning buy-out rights under the company’s shareholders’ agreement and prevailed on summary judgment to obtain the right to acquire a substantial portion of the company’s shares at book value.
- Represented alternative asset manager in its successful dismissal of an action brought by a public company that sought to “sterilize” client’s shares for purported violations of Section 13(d) of the Securities Exchange Act. Subsequently prevailed in the Second Circuit in a landmark appeal, obtaining the first circuit court decision affirming that an investor can moot a Section 13(d) claim alleging inadequate disclosures by disclosing the existence of the dispute itself.
- Secured multiple litigation victories for venBio Select Advisor LLC in its successful proxy contest at Immunomedics, Inc.
- Represented Trian Partners in its landmark proxy contest at Procter & Gamble, and ultimately secured the election of the dissident slate to the company’s board of directors.
- Achieved complete victory for hedge fund following a week-long arbitration concerning “constructive termination” claims brought by former portfolio manager.
- Successfully defended public company against employment claims brought by former Chief Executive Officer, resulting in dismissal of the CEO’s claims following a two-week arbitration.
- Represented secured creditor in dispute with creditors’ committee concerning entitlement to default interest, prepayment premium and other disputed amounts.
- Successfully represented private university in connection with Title VI investigation by the Department of Education’s Office of Civil Rights.
- Achieved favorable settlements for hedge funds, private equity funds, and lenders in disputes arising from their investments, including claims concerning warrants, guarantees, revolving credit agreements, and forward option contracts.
- As a corporate attorney, worked on shareholder activism campaigns and proxy contests at PetSmart, ConAgra, Associated Estates Realty Corp., and the Macerich Company.