Mark is the founder of the firm’s Information Technology, Privacy & Data Security Group and co-chair of the IP, Tech & Data Group. He has recognized experience in litigating putative class actions and other "bet-the-company" suits in the following three areas: (1) data security/privacy; (2) mortgage/financial services; and (3) other complex business litigation.
Mark has defended more than 80 putative class actions arising from alleged consumer privacy violations, both in the data breach and website/mobile app space. He routinely represents clients responding to government privacy investigations before the FTC, Office for Civil Rights, state attorneys general and the DOJ.
Mark's national litigation experience has involved the alphabet soup of regulation found in RESPA, TILA, FCRA, FDCPA, ECOA, FHA, RICO, and various state and federal consumer fraud and securities statutes. Other complex commercial matters defended over the past twenty years include the following types of disputes: data security, antitrust, trade defamation and libel, trade secrets/restrictive covenants, intellectual property, business fraud and trade regulation, franchise and dealer relations, bankruptcy, general contracts, and torts. He has represented large corporations in federal and state courts throughout the country concerning disputes ranging in alleged value from $100,000 to $8 billion.
Overall, Mark has defended more than 100 class and 100 mass actions in the trial and appellate courts of 16 states from Maine to Washington, and from Florida to California.
- Enslin v. The Coca-Cola Company, et al., Case No. 2:14-cv-06476-JHS (E.D. Pa.) Defending against alleged privacy violations under federal and state law in connection with the theft of 55 laptops containing employee information, including violations of the Drivers Privacy Protection Act (DPPA).
- Graczyk v. West Publishing Corporation, 660 F.3d 275 (7th Cir.); Young v. West Publishing Corporation, 724 F.Supp. 2d 1268 (2010) (S.D. Fla.); Johnson v. West Publishing Corporation, 801 F. Supp. 2d 862 (W.D. Mo. 2011), reversed without opinion by, Johnson v. West Publishing Corporation, --- Fed.Appx. ---- (8th Cir. Apr 09, 2013) (No. 12-1172, 12-1176). Successfully defended West in putative nation class actions under the Driver's Privacy Protection Act, obtaining dismissals of all cases.
