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Mark is Chair of the firm's Litigation Department. He has over thirty years of experience representing business owners, financial institutions, and families in complex civil litigation. Mark's cases have included controversies involving business transactions, employment law, fiduciary and probate disputes, commercial contract claims, director and officer liability, creditors' rights, construction contracts, environmental matters, professional liability, and insurance and bond claims. Mark has extensive experience handling trials, arbitrations and mediations. In addition to handling disputes, Mark advises numerous business clients on a wide variety of legal matters. Mark is also a member of the Firm's Management Committee.
Bar Admissions
- Massachusetts
- New Hampshire
- United States District Court for the District of Massachusetts
- United States Court of Appeals for the First Circuit
Memberships
Achievements
Education
- B.A., magna cum laude, University of Massachusetts at Amherst, 1973
- J.D., cum laude, Boston College Law School, 1977
Selected Cases
Trust and Estate Litigation
- represented clients in disputes relating to trust and estate matters, including complaints for instructions, petitions seeking the allowance of accounts, requests for reformation of trusts, and defending claims brought by beneficiaries
Disputes Among Business Owners, Contractual Disputes and
Director and Officer Liability
- defended majority shareholders in suit claiming breach of fiduciary duty and excessive compensation
- defended majority shareholders in suit alleging wrongful termination of employment
- represented co-owner of an LLC in a fraud suit vs. co-owner and manager
- represented the majority shareholder in closely-held corporation in suit by minority shareholder alleging breach of contract and fraud
- defended seller of business in suit by buyer claiming fraud
- represented clients in sale transactions in disputes over earn out provisions
- represented senior officer of public company in class action suit alleging securities fraud
- defended suit against former officer and director of plaintiff corporation who started a competing business where there were claims of breach of fiduciary duty
- represented developers who were trustees of a condominium trust in a suit claiming breach of fiduciary duty
- obtained a $12 million judgment against the operator of a landfill
Professional Liability
- defended accounting firm in malpractice claim relating to capitalizing a shareholder loan to the corporation
- defended a law firm which represented a franchisor, in a suit brought by a franchisee
Employment
- defended claims brought by a senior executive against a company for breach of contract
- defended discrimination and sexual harassment claims in Court and before the Massachusetts Commission Against Discrimination
- represented a tenured law professor who had his tenure revoked by a law school
- obtained an injunction, on behalf of a company, enjoining a departing employee from violating a covenant not to compete
Software Litigation
- defended software company in claims relating to licensing of software
Environmental and Construction Litigation
- represented building owner in a claim against a prior owner of the property, alleging that the defendant contaminated the plaintiff's property
- represented construction company in a suit claiming negligent construction
Trademark Litigation
- defended and prosecuted trademark infringement claims
Banking Related Claims
- represented creditors in workouts and litigation
- handled lender liability claims
- litigated Uniform Commercial Code cases
- sued senior bank officer for breach of fiduciary duty
Insurance and Bond Claims
- handled coverage claims
- asserted fidelity bond claims on behalf of banking institutions
- asserted construction bond claim
- handled claim alleging fraud by policy holder in procuring life insurance policy
- handled claim alleging breach of contract and fraud by insurer in connection with the sale of life insurance
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Publications & Presentations
Weekly guest commentator on the Mind Your Own Business Radio Show
"Closely Held Corp.'s Governing Documents Critical in Litigation", published in Massachusetts Lawyers Weekly, October 31, 2011
"Becoming Your Clients' Trustee," sumnews, Spring 2011
"The Happy Trustee," Private Wealth Magazine, March / April 2011
"What Could Go Possibly Go Wrong" a presentation to the Merrimack Valley Venture Forum, addressing issues related to setting up Joint Ventures, February 17, 2011
"Sometimes best business bet is to avoid litigation," IndUS Business Journal
"Disputes Among Co-Venturers," The Real Estate Bar Association for Massachusetts
Quoted: "Advent sues former VC division partner over losses," Boston Business Journal, March 25, 2005
"Selected Ethical Issues in the Representation of Shareholders in Closely-Held Corporations," co-author and lecturer, Massachusetts Continuing Legal Education, Litigating Fraud and Mismanagement Disputes
"Shareholders Disputes in 'Close' Corporations," Massachusetts Lawyers Weekly |
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