Mark represents hedge funds, private equity firms and their portfolio companies, manufacturers, health care and life sciences companies, academic institutions, and clients in other industries in shareholder litigation (including securities litigation and breach of fiduciary duty actions), M&A litigation (including shareholder class actions, appraisal proceedings, deal certainty litigation, and indemnity disputes), complex commercial litigation, qui tam actions, bankruptcy litigation, and government investigation and enforcement matters. In addition, Mark advises clients on managing liability risk, navigating sensitive compliance concerns, and anticipating litigation-related issues in the context of structuring acquisitions and other complex transactions.
Prior to joining the firm, Mark spent a year at Greater Boston Legal Services, litigating housing and public benefits cases.
- Currently representing prominent manufacturer and its officers and directors in state and federal securities actions and follow-on derivative litigation.
- Currently representing numerous industry-leading retailers in litigation challenging product pricing.
- Currently representing director of national agricultural producer in derivative action asserting breaches of fiduciary duty.
- Currently representing prominent hedge fund in dispute with distressed creditor.
- Defending various acquirors (financial and strategic), sellers, and their directors in federal and state litigation arising out of merger transactions—including in appraisal proceedings and in shareholder class actions asserting federal disclosure violations and/or breaches of state fiduciary duties. Clients have included private equity firms, life sciences companies, and associated individuals. Achieved multiple dismissals and several other favorable resolutions.
- Regularly represents private equity firms, life sciences companies, and other parties to acquisitions and other transactions in post-closing indemnification disputes, across various phases, including document discovery, depositions, summary judgment, and trial prep. Has secured summary judgment and achieved other positive resolutions.
- U.S. trial and appellate counsel defending an American businessperson in a high-stakes, cross-border criminal action.
- Has represented several health care and life sciences companies in various federal and state qui tam actions through multiple stages, including investigations by government agencies, motion practice, discovery, and trial prep. Claims have included alleged breaches of Medicaid regulatory requirements, Medicaid pricing rules, dispensing best practices, and billing standards. Secured dismissals and favorable settlements.
- Representation of hedge funds and other clients in various Securities and Exchange Commission investigations, including into alleged insider trading and accounting violations.
- Represented a seller in successfully enforcing an acquisition agreement after the buyer attempted to walk away.
- Trial counsel to official committee of unsecured creditors in a complex, multi-billion dollar energy bankruptcy, following expedited discovery.
- Represented large health care services company in a complex, multi-jurisdictional dispute over its ownership interest in a joint venture and over the co-venturers’ rights to profits. After over four years of jurisdictional and other motion practice, document discovery, depositions, summary judgment, and trial prep, secured favorable resolution on the eve of trial.
- Represented medical device company in connection with a government investigation of alleged FDCA violations, as well as several related actions.
- Represented industry-leading manufacturer in successfully recovering funds from its former insurance broker.
- Represented large health care management services organization in favorably resolving a contractual dispute over performance and payment.
- Represented prominent health care services company in connection with a complex DOJ investigation into alleged Medicare fraud.
- Represented national vendor in resolving a consumer protection complaint.
- Regularly advises clients on identifying areas of potential liability risk for both entities and individuals and on managing such risks through insurance solutions and indemnification arrangements.
- Represented prominent health care provider in favorably resolving a state attorney general antitrust investigation.
- Has represented several companies—including buyers and sellers in the technology, telecommunications, and life sciences industries—in obtaining antitrust clearance for large transactions.
- Committee member of Law Firm Antiracism Alliance Public Benefits Working Group.
- Co-leads the firm’s medical-legal clinic, in coordination with DotHouse Health and Boston Children’s Hospital.
- Counsel to numerous beneficiaries of Deferred Action for Childhood Arrivals who have intervened in litigation challenging this policy. Co-authored amicus brief to the U.S. Supreme Court.
- Trial and appellate counsel to families threatened with eviction, applicants appealing denials of disability benefits, and individuals faced with potential deportation.*
*Includes matters completed prior to joining Ropes & Gray.
- Co-author, “Management Optimism Versus Market Skepticism in Delaware Appraisal Litigation: A Dell Case Study,” Insights: The Corporate & Securities Law Advisor (February 2018)
- Co-author, “Protecting Colleges & Universities Against Real Losses in a Virtual World,” The John Marshall Journal of Information Technology & Privacy Law Volume 33, Issue 2 (2017)
- Co-author, “The Antisocial Effects of Social Media and How Colleges and Universities Can Manage Related Litigation Risks,” Pittsburgh Journal of Technology Law & Policy (December 2017)
- Co-author, “Management Projections in Delaware Appraisal Litigation: Anecdotal Evidence,” Insights: The Corporate & Securities Law Advisor (October 2017)
- Panelist, “DOJ’s Expanding Elder Justice Initiative: The Latest from DOJ, Recent Enforcement Activity, and Practical Guidance for Companies Who Provide Healthcare to the Elderly and Investors in this Industry,” Ropes & Gray Webinar, Boston (March 2020)
- Panelist, “Managing Risk Through Indemnification Provisions and Insurance,” National Association of College and University Attorneys Annual Conference, Chicago (June 2017)
- Panelist, “Indemnification Provisions: Liability Risk Management Through Indemnification and Insurance,” National Association of College and University Attorneys Annual Conference, San Francisco (June 2016)
- JD, cum laude, Harvard Law School, 2010
- BA (Government), magna cum laude, Patrick Henry College, 2007
Admissions / Qualifications
- Massachusetts, 2010
- U.S. Court of Appeals for the Fifth Circuit, 2021
- U.S. District Court for the District of Massachusetts, 2014
- U.S. District Court for the Eastern District of Wisconsin, 2018
- The Best Lawyers in America – Ones to Watch (2021-2022)
- Deborah Levi Award for Outstanding Pro Bono Service (2019)