Mark represents hedge funds, sovereign wealth funds, private equity firms and their portfolio companies, health care and life sciences companies, academic and religious institutions, and other clients in complex commercial disputes, appraisal proceedings and other M&A litigation, shareholder class actions, bankruptcy litigation, qui tam actions, and government investigation and enforcement matters. In addition, Mark advises 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 in Cambridge, litigating housing and public benefits cases.
- Has represented several 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.
- Regularly represents parties to acquisition transactions in post-closing disputes involving claims for indemnification arising out of asserted breaches of representations and warranties.
- Has represented multiple health care and life sciences companies in federal and state qui tam actions involving alleged breaches of, inter alia, Medicaid regulatory requirements, Medicaid pricing rules, and billing standards.
- Advises clients on identifying areas of potential liability risk for both entities and individuals, and on managing such risk through insurance solutions and indemnification arrangements.
- Represented the official committee of unsecured creditors in a complex, multi-billion dollar energy bankruptcy.
- Represented a 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.
- Represented a leading manufacturer in achieving recovery of funds from its former insurance broker.
- Represented a health care management services organization in favorably resolving a contractual dispute over performance and payment.
- Represented a national health care services company in connection with a prominent DOJ investigation into alleged Medicare fraud.
- Represented an entity in connection with an SEC investigation into insider trading allegations.
- Represented a national vendor in resolving a consumer protection complaint.
- Represented a 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.
- Assists in overseeing the firm’s medical-legal partnership program, in coordination with DotHouse Health, the Dana-Farber Cancer Institute, and Medical-Legal Partnership | Boston.
- Represents families threatened with eviction and individuals faced with potential deportation.
- 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, “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, “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)