Mark P. Szpak
With over 25 years of practice in complex litigation and intellectual property, Mark has extensive experience representing public and private companies in a host of business and commercial disputes, including consumer class actions, securities fraud suits, regulatory enforcement, bankruptcy litigation, dealership disputes and transactional litigation. Currently Mark is a leading member of the firm’s nationally-ranked data breach and privacy group that has assisted Heartland Payment Systems, The TJX Companies, Wyndham Hotels and others in handling the wide range of issues that can arise from computer network intrusions. Mark was also involved in defending the recent wave of class action litigation under the Fair and Accurate Credit Transactions Act ("FACTA") relating to information printed on payment card receipts. He has handled complex business litigation matters ranging from representing a major brokerage firm in a series of counterparty claims stemming from a client's insider trading to defending an investment manager against qui tam allegations relating to its fee agreements with a public body.
In the intellectual property area, Mark's experience spans the range of trademark, trade secret, copyright, patent, licensing and false advertising disputes. His cases run from handling one of the first actions to be litigated under international procedures for resolving domain-name disputes to defending a trade secret litigation against a major footwear manufacturer over the origin of a very high-profile line of patented footwear. He is also administrative co-head of the firm's trademark prosecution practice.
- Sony. Co-lead counsel for widely-reported class action litigation over computer network attacks, including multi-district litigation and related matters.
- Carter’s Inc. Defended this brand name clothing manufacturer/retailer in a national consumer class action alleging unfair pricing. Successfully secured both a dismissal from the trial court and (after argument) an affirmance from the Seventh Circuit.
- Heartland Payment Systems. Primary counsel handing consumer and bank class actions filed across the nation related to a widely-reported intrusion into Heartland's computer systems.
- The TJX Companies. Part of the team that orchestrated the strategy and response of The TJX Companies, Inc. in connection with a significant unauthorized computer network intrusion that received considerable attention from the press.
- Gillette. Co-lead lawyer defending Gillette against a multi-district consumer class action based on advertising claims relating to its market-leading M3Power razor.
- Financial Times “U.S. Innovative Lawyer" (2012)
- Co-author, “Data Breach Plaintiffs, Don't Skim This Decision,” Law360 (September 17, 2013)
- Mark P. Szpak & Daniel Routh, "Difficult Path To Certification Of Data Breach Classes," Law360 (March 29, 2013)
- Mark P. Szpak & Anne E. Johnson, "Class Certification in the United States: The Rise of Rigor among the Federal Circuits," Class Action Defence Quarterly (June 2009)
- Mark P. Szpak & Anne E. Johnson, "Class Action Scrutiny: Will Massachusetts Courts Follow Emerging Federal Trends?" Boston Bar Journal (March/April 2009)
- Mark P. Szpak, Kevin V. Jones & Anne E. Johnson, "Cyber-Thieves Have You Targeted: Is Your Company Ready?" Mass High Tech (October 2008)
- Mark P. Szpak & Anne E. Johnson, "FACTA Liability for Customer Receipts Remains a Threat," Chain Store Age: The News Magazine for Retail Executives (October 2008)
- Speaker, “Data Breaches Involving Consumer Financial Information: Litigation Exposures and Settlement Considerations,” American Conference Institute (January 2011)
- Speaker, "Litigation over Data Breaches: Potential Non-Consumer Claimants," Food Marketing Institute's Legal Conference, San Antonio, TX (April 2009)
- Presenter, "Cyber-Thieves and Privacy Breaches: Is Your Company Ready?" Ropes & Gray IP Master Class (October 14, 2008)
- Speaker, "Effect of CAFA on Class Action Practice and Multidistrict Litigation," Massachusetts Bar Association Seminar on Complex Issues and Emerging Trends in Class Action Litigation (June 2008)