Mark S. Popofsky, a veteran of the landmark Microsoft trial, chairs Ropes & Gray’s Antitrust Practice Group. A first-chair trial lawyer, Mark litigates antitrust, intellectual property and other complex business litigation matters. Mark’s litigation practice includes jury trials, class actions, arbitrations and appeals throughout the federal and states courts.
Mark regularly counsels Fortune 500 companies on the full-range of antitrust matters across numerous industries, including high technology, telecommunications, medical device, pharmaceuticals, aerospace, manufacturing, health care and consumer products. With deep and recognized experience in the intersection of intellectual property and antitrust, Mark advises leading Internet, semiconductor, hardware, software and telecommunications clients on business practices, competitor collaborations and distribution arrangements. He also represents parties in civil and criminal antitrust investigations and transactions before the U.S. Department of Justice and the Federal Trade Commission.
Mark served in the late 1990s as Senior Counsel to Assistant Attorney General Joel Klein in the U.S. Department of Justice’s Antitrust Division, where he played a key role in United States v. Microsoft Corp. Mark previously served in the Division’s Appellate Section, where he argued the landmark victory in United States v. Nippon Paper, and as a Special Assistant U.S. Attorney in Alexandria, Virginia (the “Rocket Docket”), where he tried numerous jury cases to verdict. Following government service, Mark in 1999 was named the youngest partner in the history of a renowned international law firm and served as Chair of its Technology and Competition Group.
Mark is an Adjunct Professor for Advanced Antitrust Law and Economics at Georgetown Law School, a position held since 2000. He writes and speaks frequently on antitrust law and policy and has been interviewed by The Wall Street Journal, Bloomberg, Global Competition Review and Law360. He is a long-time member of the Leadership of the ABA Section of Antitrust Law.
- Lead antitrust counsel for a Korean-Japanese joint venture in defending civil class actions alleging price-fixing in the optical disk drive industry.
- Lead antitrust counsel for a major telecommunications company in defending claims of unlawful tying and monopolization in connection with cable set-top boxes.
- Lead antitrust counsel for ATM hardware manufacturer in asserting unfair competition claims against rival.
- Lead antitrust counsel for major semiconductor manufacturer in connection with formulating antitrust counterclaims against patent trolls.
- Successfully cleared merger of leading producers of facial aesthetic products before the Federal Trade Commission.
- Secured settlement following litigation as plaintiff of trade secret litigation in the optical networking industry.
- Lead antitrust counsel for major pharmaceutical company in successfully sustaining monopolization claims against rival in patent/antitrust litigation; also litigated remedy phase.
Honors & Awards
- Best Lawyers in America (2010 - 2012)
- Chambers USA: America's Leading Lawyers for Business (2005 - 2011)
- Lawdragon 3000 (2010 - 2011)
- The International Who's Who of Competition Lawyers & Economists (2008 - 2012)
- The International Who's Who of Business Lawyers (2012)
- Who's Who in America (2008 - 2011)
- Who's Who Legal (2008 - 2010)
- Super Lawyers for Antitrust Litigation (2009 - 2011)
- PLC Which Lawyer (2009 - 2011)
Professional & Civic Activities
- Georgetown University Law Center, Adjunct Professor of Advanced Antitrust Law and Economics (2000 - present)
- ABA Antitrust Section, Reserves Board (2011 - present); Council (2008 - 2011); Chair, Intellectual Property Committee (2005 - 2007); Chair, Section 2 Committee (2002 - 2004); Vice Chair, Section 2 Committee (2000 - 2002); Vice Chair, Internet Committee (1998 - 2000)
- Advisory Board, BNA Antitrust & Trade Regulation Reporter (2012)
- New Futures, Member of Board of Directors (2011)
Clerkships
- Honorable Dorothy W. Nelson, U.S. Court of Appeals for the Ninth Circuit (1993 - 1994)
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Education
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JD, magna cum laude, Harvard Law School, 1993; Executive Editor, Harvard Law Review
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AB, magna cum laude and Highest Honors in History and Economics, Brown University, 1990; Phi Beta Kappa
Bar Admissions
- California, 1994
- District of Columbia, 1997
Courts
- Supreme Court of the United States, 1998
- U.S. Court of Appeals for the Federal Circuit, 2008
- U.S. Court of Appeals for the First Circuit, 1997
- U.S. Court of Appeals for the Second Circuit, 2007
- U.S. Court of Appeals for the Fourth Circuit, 1996
- U.S. Court of Appeals for the Seventh Circuit, 2000
- U.S. Court of Appeals for the Ninth Circuit, 2005
- U.S. Court of Appeals for the District of Columbia Circuit, 1995
- U.S. District Court for the District of Columbia, 2002
- U.S. District Court for the Northern District of California, 2010
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