Mark’s practice focuses on commercial and administrative litigation, congressional oversight and investigations.

Mark’s trial, administrative and appellate experience includes contracts, insurance, environmental, telecommunications, business torts, product liability, tax controversies, ERISA, securities, financial institutions, employment, real estate, franchise, health care, advertising and marketing, electric restructuring, oil and gas, and public utilities. He also has considerable experience in ethics and private investigations and temporary and preliminary relief.

Mark has tried cases successfully on behalf of numerous Fortune 500 corporations, trade associations and trusts. He is admitted to practice in the District of Columbia and before Federal District Courts in the District of Columbia, Virginia and Maryland; the U.S. Tax Court and U.S. Court of Federal Claims; the U.S. Court of Appeals for the District of Columbia, Third, Fourth and Sixth Circuits; and the U.S. Supreme Court.

Relevant Experience

• Represented national utilities in major environmental enforcement actions under Clean Air Act and Clean Water Act.
• Counsel to leading national credit union.
• Represented Fortune 500 telecommunications company in national litigation resulting from Telecommunications Act of 1996.
• Represented pharmaceutical development company in arbitration of ownership and non-compete issues.
• Represented variety of companies and individuals in numerous Congressional investigations and high profile hearings, including coalition of major energy companies, joint venture of major government contractors, major technology company, former Major League Baseball player, national transportation company, and former government officials.

• Extensive experience presenting and cross-examining expert witnesses at hearings, trials and depositions.
• Extensive experience managing and conducting national-scope litigation, responding to government investigations, and in document management and case development using latest technological advances.
• Significant representation involving regulated industries, particularly electricity and telecommunications providers, and legislative and regulatory interpretation issues arising from challenging or defending actions by executive or regulatory agencies in court.
• Counsel to church diocese and related parishes, schools and 501(c)(3) affiliates.
• Legislative Assistant, U.S. Senate, 1974-76.

Reported Decisions:

• Jarkesy v. S.E.C., 48 F. Supp. 2d 32 (D.D.C. 2014), aff'd, 803 F.3d 9 (D.C. Cir. 2015)
• Fiorani v. Navy Fed. Credit Union, No. 1:15-cv-291, 2015 WL 1112156, at *1 (E.D. Va. Apr. 14, 2015), aff’d, 613 Fed. App’x 220 (4th Cir.)
• United States v. Duke Energy Corp., 5 F. Supp. 2d 771 (M.D.N.C. 2014)
• Guilford Co., ex. Rel. Thigpen v. Lender Processing Servs., Inc., No. 12CVS4531, 2013 WL 2387708, at *1 (N.C. Super. Ct. May 29, 2013)
• United States v. DTE Energy Co., No. 10-13101, 2011 WL 3706585 at *1 (E.D. Mich. Aug. 23, 2011), rev’d 711 F.3d 643 (6th Cir. 2013)
• PPL Corp. v. Comm’r, 133 S. Ct. 1897 (2013)
• Mudgett v. Navy Fed. Credit Union, 998 F. Supp. 2d 722 (E.D. Wis. 2012)
• Solley v. Navy Fed. Credit Union, 723 S.E.2d 597 (S.C. Ct. App. 2012)
• Horvath v. Bank of New York, N.A., No. 10-1528, slip op. at 1 (4th Cir. May 19, 2011)
• PPL Corp. v. Comm’r, 135 T.C. 304 (2010) rev'd. 665 F.3d 60 (3d Cir. 2011) (U.K. windfall tax)
• PPL Corp. v. Comm’r, No. 25393-07, slip op., 135 T.C. 176 (2010) (street lights)
• United States v. Duke Energy Corp., 278 F. Supp. 2d 619 (M.D.N.C. 2003), aff’d, 411 F.3d 539 (4th Cir. 2005)
• United States v. Ohio Edison Co., 2003 U.S. Dist. LEXIS 25464, 276 F. Supp. 2d 829 (S.D. Ohio 2003)
• United States v. Westvaco Corp., 144 F. Supp. 2d 439 (D. Md. 2001)
• Worsham v. Brown, 21 F. App’x. 161 (4th Cir. 2001) (per curiam)
• Columbia Union College v. Oliver, 254 F.3d 496 (4th Cir. 2001)
• AT&T Communs. of the Midwest, Inc. v. Contel of Minn., Inc., 1998 U.S. Dist. LEXIS 22996 (D. Minn. 1998)
• Columbia Union College v. Clarke, 988 F. Supp. 897 (D. Md. 1997)
• Jackson v. Culinary Sch., 59 F.3d 254 (D.C. Cir. 1995)
• Church of Scientology Int’l. v. Eli Lilly & Co., 848 F. Supp. 1018 (D.D.C. 1994)
• Integrated Health Servs. v. Nationwide Creditors Bureau, 1993 U.S. Dist. LEXIS 19773 (D. Md. 1993)
• Bituminous Coal Operators’ Ass'’ v. Connors, 867 F.2d 265 (D.C. Cir. 1989)
• United States v. Lavelle, 751 F.2d 1266 (D.C. Cir. 1985)
• Prakash v. American Univ., 1982 U.S. Dist. LEXIS 14230 (D.D.C. 1982)

Bar Admissions

Education
JD, Georgetown University Law Center, 1979BA, Northwestern University, 1976

• Represented national utilities in major environmental enforcement actions under Clean Air Act and Clean Water Act.
• Counsel to leading national credit union.
• Counsel to high technology government contractor.
• Represented Fortune 500 telecommunications company in national litigation resulting from Telecommunications Act of 1996.
• Represented pharmaceutical development company in arbitration of ownership and non-compete issues.
• Represented variety of companies and individuals in numerous Congressional investigations and high profile hearings, including coalition of major energy companies, joint venture of major government contractors, major technology company, former Major League Baseball player, national transportation company, and former government officials.
• Extensive experience presenting and cross-examining expert witnesses at hearings, trials and depositions.
• Extensive experience managing and conducting national-scope litigation and responding to government investigations, and in document management and case development using latest technological advances.
• Significant ongoing representation involving regulated industries, particularly electricity and telecommunications providers, and legislative and regulatory interpretation issues arising from challenging or defending actions by executive or regulatory agencies in court.
• Counsel to church diocese and related parishes, schools and 501(c)(3) affiliates.
• Legislative Assistant, U.S. Senate, 1974-76.

Reported Decisions:

• United States v. DTE Energy Co., 711 F.3d 643 (6th Cir. 2013)
• PPL Corp. v. Comm’r, 133 S. Ct. 1897 (2013)
• United States v. DTE Energy Co., No. 10-13101, 2011 WL 3706585 at *1 (E.D. Mich. Aug. 23, 2011)Horvath v. Bank of New York, N.A., No. 10-1528, slip op. at 1 (4th Cir. May 19, 2011)
• PPL Corp. v. Comm’r, 135 T.C. 304 (2010) rev'd. 665 F.3d 60 (3d Cir. 2011) (U.K. windfall tax)
• PPL Corp. v. Comm’r, No. 25393-07, slip op., 135 T.C. 176 (2010) (street lights)
• United States v. Duke Energy Corp., 278 F. Supp. 2d 619 (M.D.N.C. 2003), aff’d, 411 F.3d 539 (4th Cir. 2005)
• Worsham v. Brown, 21 F. App’x. 161 (4th Cir. 2001) (per curiam).
• Columbia Union College v. Oliver, 254 F.3d 496 (4th Cir. 2001)
• Jackson v. Culinary Sch., 59 F.3d 254 (D.C. Cir. 1995)
• Bituminous Coal Operators’ Ass'’ v. Connors, 867 F.2d 265 (D.C. Cir. 1989)
• United States v. Lavelle, 751 F.2d 1266 (D.C. Cir. 1985)
• United States v. Ohio Edison Co., 2003 U.S. Dist. LEXIS 25464, 276 F. Supp. 2d 829 (S.D. Ohio 2003)
• United States v. Westvaco Corp., 144 F. Supp. 2d 439 (D. Md. 2001)
• AT&T Communs. of the Midwest, Inc. v. Contel of Minn., Inc., 1998 U.S. Dist. LEXIS 22996 (D. Minn. 1998)
• Columbia Union College v. Clarke, 988 F. Supp. 897 (D. Md. 1997)
• Church of Scientology Int’l. v. Eli Lilly & Co., 848 F. Supp. 1018 (D.D.C. 1994)
• Integrated Health Servs. v. Nationwide Creditors Bureau, 1993 U.S. Dist. LEXIS 19773 (D. Md. 1993)
• Prakash v. American Univ., 1982 U.S. Dist. LEXIS 14230 (D.D.C. 1982)

• Member, Bar Association of the District of Columbia; President (1993-94), President-elect (1992-93), Treasurer (1988-92); Chair, Young Lawyers Section (1986-87)
• Fellow, American Bar Foundation
• Director, Alzheimer’s Association National Capital Area Chapter
• Director, Forest Trends

• Washington DC Super Lawyer, Business Litigation, 2013, 2014, 2015, 2016. A description of the selection methodology can be found on Super Lawyers’ webpage.
• Achieved highest rating in Martindale-Hubbell (AV Preeminent)
• E. Randolph Williams Award for Outstanding Pro Bono Service, 2011-2012, 2013-2014, 2014-2015, 2015-2016 and 2016-2017

• Lawyers and Certified Public Accountants: Comparative Professional Responsibilities, ABA/AICPA
• Complex Litigation Strategies, Inside the Minds, Aspatore Books