Mark J. Hyland is Senior Counsel in Seward & Kissel’s Litigation Group. Mark has practiced at the Firm since graduating law school in 1980 became a partner in 1989 and took Senior Counsel status on January 1, 2021.
Mark’s primary responsibilities include providing litigation services to a broad range of clients, including investment advisors, broker-dealers and banks. Mark has particular expertise in federal securities law, general commercial law and trademark litigation.
Mark is an established trial attorney. He has tried many cases to a jury and the bench and has conducted arbitrations and administrative proceedings throughout the country and in Europe.
More recent cases include an arbitration where he successfully defended an investment advisor against Dodd-Frank whistleblower claims, breach of contract and fraud claims and also prevailed on certain counterclaims resulting in a judgment against claimant. Mark also recently completed a FINRA arbitration where he successfully defended a broker dealer, investment adviser and an individual against fraud claims.
- Represented a registered investment advisor and funds it managed in a securities fraud putative class action where class certification was denied and summary judgment was granted.
- Represented mutual funds in defeating Section 16 short swing profit claims, obtaining a judgment that was affirmed by the Second Circuit.
- Represented broker-dealer in obtaining dismissal of 11 claims brought by investors that included breach of fiduciary duty, breach of contract, fraud and violations of New York Debtor and Creditor laws.
- Obtained permanent injunction after trial on behalf of a trustee seeking to enjoin the sale of a bank subsidiary on grounds of fraudulent conveyance.
- Obtained reversal of denial of motion to dismiss on behalf of a hedge fund accused of fraud, breach of fiduciary duty and breach of contract.
- Represented claimants, seed investors in a management company of a venture capital firm, in a 16-day arbitration where claimants alleged breach of contract and breach of fiduciary duty.
- Obtained a judgment in excess of $1 billion on behalf of a group of lenders to the failed Fontainebleau major hotel and casino project in Las Vegas and, in connection therewith, obtained an injunction prohibiting the defendants and their affiliates from closing a restructuring that would have diluted the value of the hotel and casino project, the defendants’ primary asset; in a related action, obtained a $100 million judgment against a guarantor of that hotel project pursuant to a completion guaranty.
- Obtained a defendants’ verdict in a complex securities fraud case tried before a jury in federal court in the Southern District of New York, which was affirmed on appeal in a widely cited reported decision.
- Obtained a defendants’ verdict on behalf of an investment manager in a three week complex breach of contract case tried before a jury in Supreme Court, New York County. In each case, plaintiffs sought tens of millions of dollars in damages.
- Obtained a substantial eight figure award in an 18 day arbitration on behalf of an executive asserting breach of contract against a well-known private equity firm.
- Obtained a preliminary injunction and then a seven figure arbitration award on behalf of a member of a private equity LLC.
- Obtained a substantial seven figure arbitration award, which included an award of attorneys’ fees and costs, on behalf of a chief executive officer of an investment adviser for breach of contract.
Mark has represented scores of companies and individuals over the years in investigations conducted by the United States Securities and Exchange Commission, FINRA and other self-regulatory organizations.
Mark was named as a Super Lawyer in Business Litigation annually from 2007 through 2020.
Mark has both an AV Peer Review and Judicial Review Ranking by Martindale-Hubbell, which ranks him 5.0 out of 5.0, its highest ranking. Mark has been recognized in The Legal 500 since 2013. The Legal 500 described Mark as “the perfect blend of super-sharp litigator and gracious gentleman’’ and noted that Seward & Kissel’s litigation department was “lean, mean and cost-effective, the firm punches above its weight.” The Irish Voice, an Irish-American newspaper, selected Mark as one of the “Irish Legal 100,” a list of leading American lawyers of Irish ancestry.
In March 2017, Mark received Fordham Law School’s Medal of Achievement, the highest honor bestowed by the law school to an alumni.
From March 2012 through March 2014, Mark served as the President of the Fordham Law Alumni Association. He remains an active member of the Board of Directors of the Association. Mark is also a member of the President’s Council of Fordham University.
Mark is a member of the American Bar Association, the New York State Bar Association, the Federal Bar Council, the New York County Lawyers’ Association, and is a Certified Mediator for the Southern District of New York. Mark also regularly conducts seminars on insider trading under the federal securities laws.