Mark's practice focuses on complex commercial litigation and white collar criminal defense, including trials and appeals. Since joining the firm in 1998, he has successfully represented financial institutions and corporations in numerous complex commercial disputes. Mark repeatedly has been selected as one of "America's Leading Lawyers for Business" in Chambers USA, where he has been described as "undertak[ing] a wide range of commercial litigation for clients who greatly appreciate his easy conversance with governmental and regulatory institutions. This clout attracts a high-caliber clientele drawn from a range of industries..." Mark is also recognized as a “local litigation star” in New York by Benchmark Litigation 2011-2013 and he has been recognized as one of Avenue Magazine’s “Legal Elite.”
In the criminal and regulatory arena, Mark has represented individuals and corporations in government and internal investigations concerning alleged insider trading, securities fraud, accounting fraud, obstruction of justice, insurance fraud, market manipulation, price-fixing, bid rigging, options backdating, health care fraud, market timing, FDA misbranding, commercial bribery and labor racketeering.
Companies have turned to Mark to devise and execute litigation and trial strategies across a range of jurisdictions and industries. For example, retained last year by a leading European bank to overhaul its defense of individual and class action tax shelter lawsuits pending in courts around the country, Mark obtained a series of dismissals, class de-certification rulings and highly favorable settlements by pursuing an aggressive trial-ready strategy that substantially reduced his client’s exposure.
Mark has also handled some of the largest cases to date against software companies and consulting firms stemming from failed projects involving the implementation of SAP and other business software. An active part of Mark’s current practice involves representing companies and financial institutions in disputes over structured products stemming from dislocations in the financial markets.
From 1991 to 1998, Mark was an Assistant U.S. Attorney in the Eastern District of New York, where his notable prosecutions included corruption charges against an SEC attorney; insider trading charges against a celebrity CEO; securities fraud charges against an investment banker Fortune magazine dubbed the "Hannibal Lecter of Wall Street"; and racketeering trials against some of New York's most feared drug and murder-for-hire gangs. Mark was twice awarded the Justice Department's Director's Award for Superior Performance, and was chosen as the Federal Law Enforcement Foundation's "Prosecutor of the Year."
Mark has served on the Judiciary Committee of the New York Bar Association, where he assisted in evaluating all federal and state judges and prospective judges in New York. He has also been consulted by and quoted in the New York Times, the Wall Street Journal, Business Week, Fortune and other publications concerning criminal law, trial strategy and other legal matters.