Mark is a nationally recognized litigator and trial lawyer whose practice spans a wide range of cutting-edge technology matters and high-stakes commercial disputes. His successful representation of corporations, financial firms, government entities and individuals has earned him recognition in Chambers USA, Benchmark Litigation, Best Lawyers, Super Lawyers and other publications. A former federal prosecutor, he is also an accomplished criminal defense lawyer who has represented clients in virtually every type of white collar investigation.
In the technology sector, Mark has established the country’s leading practice devoted to representing companies and government entities facing the business disruption and financial losses caused by failed implementations of Enterprise Resource Planning (“ERP”) business software. He has become the counsel of choice for companies, states and municipalities seeking to obtain recovery from consulting firms and software providers in connection with mission-critical software projects plagued by delayed or disastrous go-lives, skyrocketing costs, deficient project management, missing functionality, excessive customization, defective interfaces and other problems. For his ground-breaking work helping clients navigate through botched implementations and recover against software vendors, Mark has been named a Litigation Trailblazer and a Plaintiffs’ Lawyers Trailblazer by the National Law Journal, and an Innovative Lawyer by Financial Times.
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, CNBC, Business Week, Fortune, USA Today and other publications concerning the tech industry, software snafus, trial strategy and criminal law.
Work Highlights
Software Implementation Litigation
- The State of Hawaii in an action alleging fraud, False Claims Act violations and other claims against technology consultant Ciber and its insurers stemming from an implementation of Oracle software for the State’s Department of Transportation, resulting in a $31 million recovery, exceeding the $7 million paid to Ciber for the failed ERP project.
- Copart in a four-week jury trial resulting in a $20 million verdict against Sparta Consulting and its parent, KPIT Infosystems, for fraud and professional negligence stemming from an implementation of SAP software.
- National Grid in an action against a software vendor stemming from a $1 billion implementation of SAP software.
- Levi Strauss & Co. in an action against Deloitte Consulting stemming from an implementation of SAP’s apparel and footwear software.
- Certified Collectibles Group in an action against Globant stemming from a customized ERP software system.
- Whistleblower litigation against SAP Public Services and Deloitte Consulting arising from an Enterprise Asset Management (EAM) project for the City of San Diego. The litigation is pending.
- Lubrizol, a global specialty chemicals company, in litigation against by IBM arising from an SAP S/4HANA project. The litigation is pending.
- The Jacobson Group, a payroll services provider for entertainment companies and projects, in litigation arising out of a failed Microsoft Dynamics project. The litigation is pending.
- Avnet in an action alleging fraud and other claims against Deloitte Consulting stemming from an implementation of SAP software. The case settled on favorable terms.
- ScanSource in an action against Avanade stemming from an implementation of Microsoft Dynamics AX software.
- W.C. Bradley in an action alleging fraud and breach of contract stemming from an implementation of SAP software.
- Avantor Performance Materials in an action against IBM stemming from an implementation of SAP software and an IBM software product.
- County of Marin, California in an action against Deloitte Consulting stemming from an implementation of SAP’s public sector software.
- Waste Management in an action alleging fraud and other claims against SAP stemming from an implementation of SAP’s waste and recycling software.
- Bart A. Brown, Jr., the Chapter 7 bankruptcy trustee of FoxMeyer, a drug distribution company, in actions against SAP, Accenture and logistics software vendors stemming from implementations of SAP and warehouse management software.
- First Pacific Advisors in an action against Citisoft stemming from an implementation of Charles River Development software.
- A leading toy company in a dispute with a major consulting firm stemming from a defective e-commerce platform that led to “Cyber Monday” shipping and billing issues.
- A public university system in a dispute with a leading software developer stemming from an implementation of ERP software.
- Canadian Imperial Bank of Commerce in an action alleging fraud and other claims against a leading software developer stemming from a failed CRM software implementation.
- A leading health care provider in a dispute with a software developer stemming from an implementation of insurance claims processing software.
- A leading distribution company in a dispute with a leading consulting firm stemming from an implementation of ERP software.
- A leading logistics company in a dispute with a software provider stemming from an implementation of ERP software.
- One of the country’s largest religious charities in a dispute with a software provider stemming from an implementation of ERP software for fundraising entities.
- An oil refining company in a dispute with a leading consulting firm stemming from an implementation of ERP software.
- Various clients in disputes with NetSuite stemming from failed or problematic NetSuite implementations.
- Hedge funds, mutual funds and private equity firms in disputes with financial-services software providers.
- Counseling numerous clients across a range of industries, as well as government entities, in connection with negotiating and drafting software licensing and implementation contracts.
General Litigation
- UniCredit, a leading European bank, in defending class and individual actions in jurisdictions throughout the country in connection with tax shelter transactions.
- SL Green Realty in a litigation against a major gaming company arising out of the bidding process to run New York’s Aqueduct racetrack casino.
- Court-appointed Liaison Counsel to hedge fund, mutual fund and other investors pursuing relief against a Reserve money market fund that “broke the buck” following Lehman’s bankruptcy.
- A leading holding company conglomerate in a high-profile action against the world’s leading art dealer involving works by Jeff Koons and other contemporary artists.
- A leading financial institution in class and individual actions arising out of the demise of Lehman Brothers.
- An international bank pursuing claims against a large special servicer stemming from a securitized note program involving insurance agency franchise loans.
- An international bank in an action against AIG concerning collateralization obligations under cross-border lease transactions.
- A military defense contractor pursuing fraud and other claims against AIG stemming from a large public works project for the City of San Francisco.
- A leading REIT defending against class action claims stemming from a multi-billion dollar acquisition and spin-off.
- Companies, banks and financial institutions in disputes over swaps, CDOs, auction rate securities, guaranteed investment contracts, liquidity provider arrangements, repos and forward delivery contracts.
- Real estate companies in disputes over mezzanine loans and related financing issues.
- The Port Authority of New York and New Jersey in a trial defending against claims arising from the 1993 bombing of the World Trade Center.
Criminal and Regulatory Defense and Internal Investigations
- Appointed by the SEC as independent monitor in connection with criminal and regulatory probes relating to stock exchange issues.
- A leading financier in connection with allegedly improper purchases of rare antiquities.
- Numerous executives of prominent companies in multiple international price-fixing investigations, including experience working with Japanese regulators and counsel.
- CEO of a broker-dealer charged with securities fraud.
- A leading health care company conducting an internal investigation of business practices.
- A senior executive of a leading medical diagnostic company in a DOJ and FDA medical misbranding investigation.
- A leading insurance company conducting an internal investigation of commercial bribery.
- Individuals and executives charged with, or under investigation for, insider trading, wire fraud, mail fraud, bank fraud, securities fraud, accounting fraud, insurance fraud, obstruction of justice, options back-dating, health care fraud, market timing and labor racketeering.
Media