Mark serves clients through all phases of complex litigation, including antitrust, securities pension and welfare; toxic tort; products liability; and healthcare cases. He also handles appeals of major cases, interpreting complex federal statutes such as the Employee Retirement Income Security Act (ERISA) and the Racketeer Influenced and Corrupt Organizations Act (RICO). A recent Westlaw search found 111 published opinions from the Missouri courts and 185 from federal courts in which Mark briefed or argued the case.
Mark has extensive experience defending class actions. In a case in the U.S. District Court in Minnesota, Mark successfully defeated class certification in borrowers’ claims against a lender and mortgage loan broker alleging that the yield spread premium the lender paid the broker constituted illegal kickbacks and fee splitting under the Real Estate Settlement Practices Act. In response to the defendants’ motion for reconsideration, the district court reversed its earlier decision granting class certification and also granted defendants’ motions for summary judgment on the liability issues, dismissing the claims with prejudice.
Before entering law school, Mark coached the Harvard Debate Team to the national championship.