Mark E. Haddad
MARK HADDAD leads the Supreme Court and Appellate practice in the Los Angeles office and is a co-leader of Sidley’s global Appellate practice. He also serves on Sidley’s Committee on Professional Liability and Risk Management. Mark joined Sidley’s Washington, D.C. office in 1987 and has been resident in the Los Angeles office since 1999. He has argued cases in the United States Supreme Court, in the supreme courts of four states and in federal and state appellate courts throughout the country. His matters frequently involve the impact of federal constitutional, statutory and regulatory provisions on the scope of business liability, and arise in a variety of areas, including administrative law, antitrust law, constitutional law (commerce clause, due process, equal protection, First Amendment, federalism and preemption), intellectual property, products liability and professional responsibility.
Mark has been recognized as a leading California Appellate lawyer in Chambers USA (2013–2016) and was named by Benchmark Litigation a Local Litigation Star in California for his appellate practice (2016–2017). He is included as a leading lawyer in Supreme Court and Appellate practices in The Legal 500 US (2012–2015), has been an “LMG Life Sciences Star” for Litigation & Enforcement (2013–2016) and was included in Who’s Who in International Business Law (2011–2012) for Commercial Litigation. Mark is also listed as a Super Lawyer in California for Appellate work.
Some of Mark’s recent notable appellate successes include:
- United States ex rel. Schumann v. AstraZeneca Pharmaceuticals LP, No. 13-1489 (3d Cir. 2014) - holding that relator lacked the direct and independent knowledge of his allegations needed to satisfy the original source requirement of the False Claims Act
- Wyatt Technology Corp. v. Malvern Instruments Inc., No. 10-55343 (9th Cir. 2013) - affirming judgment for client on all issues of copyright infringement, theft of trade secrets, and Lanham Act claims
- Ischemia Research and Education Foundation Inc. v. Pfizer, Inc., No. H034653 (Cal. Ct. App., 6th Dist., 2013) - affirming trial court’s order vacating judgment of damages and interest totaling $58 million and ordering new trial
Mark earned his J.D. from Yale Law School where he was editor-in-chief of the Yale Law Journal. He was a Rhodes Scholar and received his M.A. from Oxford University and his B.A. from Stanford University.
In 2009, two of Mark’s state supreme court matters were ranked as the two most important decisions of 2009 by “Drug and Device Law,” a widely read life-sciences blog:
- AstraZeneca Pharm., LP v. State of Alabama, 41 So.3d 15 (Ala. 2009) - reversing $160 million award and rendering judgment after a jury trial challenging pharmaceutical price reporting
- DePriest v. AstraZeneca Pharm., LP, 351 S.W.3d 168 (Ark. 2009) - dismissal of putative national consumer class action under safe harbor to state deceptive trade practices act
Additional notable appellate victories include:
- AstraZeneca Pharmaceuticals LP v. Commonwealth of Kentucky, No. 2011-CA-000225 (Ky. Ct. App. 2012) - court vacated adverse jury verdict and award of damages/penalties exceeding $20 million in pharmaceutical price reporting case, and ordered court ordered entry of judgment for AstraZeneca
- Transport Insurance Co. v. TIG Insurance Co., 202 Cal. App. 4th 984 (Cal. Ct. App. 2012) - an article in California’s Daily Journal observed that this reinsurance decision clarified an “important limitation” to the acquiescence exception to the doctrine of invited error, an issue significant to many appeals
- AT&T Communications of California, Inc. v. PacWest Telecomm, Inc., 651 F.3d 980 (9th Cir. 2011) - reversing district court, and holding that federal law preempts order of California Public Utilities Commission
- Hurlic v. Southern California Gas Company, 539 F.3d 1024 (9th Cir. 2008) - affirming dismissal of several ERISA-based challenges to conversion to cash balance plan, and preemption of state law claim
- Pennsylvania Employee Benefits Trust Fund v. Zeneca Inc., 499 F.3d 239 (3d Cir. 2007) - affirming dismissal on preemption grounds of putative national class action challenging the marketing of a prescription drug), vacated and remanded for further consideration in light of Wyeth v. Levine, 129 S.Ct. 1187 (2009) (dismissed on other grounds, May 2010)
- Author, multiple articles on first amendment protection for commercial speech, preemption and average wholesale pricing litigation, Top 20 Food and Drug Cases And Cases To Watch (Food & Drug Law Institute 2010–2012, 2014).
- Featured commenter in the Daily Journal’s annual fall preview of the coming U.S. Supreme Court Term.
- Comments featured on NPR (Nina Totenberg, April 2015).
- “Federal Prosecutors' Press Releases Cannot be Subject of Lawsuit, Court Rules, Daily Journal (September 9, 2015).
- “Court Says DOJ Doesn’t Have to Correct Mistakes in Press Releases,” San Francisco Chronicle (September 9, 2015).
- “Doctor Loses Bid to Force Federal Prosecutors to Retract Press Release,” Wall Street Journal (September 8, 2015).
- “Supreme Court Weighs in on Transparency for Visa Applications,” Daily Journal (June 17, 2015).
- “Supreme Court Hands Defeat to Binational Marriage Rights,” U.S. News (June 15, 2015).
- “High Court Says Visa Denials Not Open To Judicial Review,” Law360 (June 15, 2015).
- “After Argument, Lethal Injection Case Turns on the Facts,” The Knowledge Effect (May 15, 2015).
- “9th Circuit Debates Whether Government Can Publish Falsehoods,” Daily Journal (March 10, 2015).
- “Little-Noticed Opinion a Big Boon for Indigent Litigants,” Daily Journal (December 31, 2014).
- “Funds’ Ability to Fight in Class Actions Protected by High Court,” Ignites (June 24, 2014).
- “Corporate Defendants See Benefits in Halliburton Ruling,” Corporate Counsel (June 24, 2014).
- “Securities Lawyers Debate Impact of High Court Ruling on Investor Class Actions,” Daily Journal (June 24, 2014).
- “High Court Sends Securities Class Actions Back To Basic(s),” Law360 (June 23, 2014).
- “EBay, PayPal Triumph Over Loan Violations Class Action,” Law360 (May 27, 2014).
- “Copyright Decision Over ‘Raging Bull’ Could Give Copyright Plaintiffs a Second Wind,” Inside Counsel (May 22, 2014).
- “Laches Cannot Block Copyright Claims Brought Within 3-Year Statute of Limitations,” Bloomberg BNA (May 21, 2014).
- “US High Court Opens Door To More (And Older) Copyright Suits,” Intellectual Property Watch (May 20, 2014).
- “With 'Raging Bull' Ruling, Copyright Cases Could Spike,” Law360 (May 19, 2014).
- “Strine Sworn in as Delaware's Chief Justice,” Daily Journal (February 28, 2014).
- Member, Board of Directors, Public Counsel
- Member, Board of Directors, Town Hall-Los Angeles
- Jennings v. Rodriguez, No. 15-1204 (pending U.S. Supreme Court) (co-counsel for respondent in challenge to prolonged detention of immigrants).
- Kerry v. Din, 576 U.S. __ (2015) - argued for respondent in case challenging constitutionality of summary visa denials.
- Glossip v. Gross, 576 U.S. __ (2015) - counsel for petitioners in case challenging the constitutionality of a method of lethal injection.
- C.S. v. W.O., No. B251797 (Cal. Ct. App. 2014) - counsel for appellant in case, widely supported by pro bono organizations, that ensures the waiver of court fees for recipients of public benefits.
- Counsel for The Leadership Conference on Civil and Human Rights, The Leadership Conference Education Fund, and 31 additional signatories as amici curiae in Schuette v. Coalition to Defend Affirmative Action, No. 12-682 (2014), addressing affirmative action in education.
- Counsel for leading bipartisan current and former Members of Congress as amicus curiae in Agency for International Development v. Alliance for Open Society Int’l, Inc., No. 12-10 (2013) - First Amendment
- Representation of 21 National Latino Organizations as amici curiae in Shelby County, Alabama v. Holder, No. 12-96 (2013) -constitutionality of Congress’s extension of Section 5 of the Voting Rights Act
- Representation of 47 current and former Members of Congress as amici curiae in Coleman v. Court of Appeals of Maryland, No. 10-1016 (U.S. Sup. Ct. Mar. 12, 2012)
Mark’s work contributed to the firm’s recognition for pro bono service, including in 2015 as Law Firm of the Year for pro bono service by the Asian Americans Advancing Justice-Asian Law Caucus. Mark is the recipient of awards from the ACLU Foundation for Southern California and from the National Association of Protection and Advocacy Systems for prior pro bono appellate work in the areas of criminal justice and protection of the rights of persons with disabilities.
Mark is a frequent speaker at law schools, client retreats, general counsel roundtables and continuing legal education events on recent decisions of and pending cases in the Supreme Court. Speaking engagements include:
- Interviewer for “A Conversation with California Supreme Court Justice Leondra Kruger” at the 2016 USC Institute for Corporate Counsel (December 7, 2016)
- Panelist, “Supreme Court Round-up: The Year Past and The Year Ahead,” Stanford Law School (October 17, 2016)
- Guest Lecturer, “Oral Argument and the Supreme Court,” UCLA School of Law (January 28, 2016)
- Panelist, “One Year After The Sony Hacks: Reverberations in the Industry and the Law, Media Law Resource Center and Southwestern Law School (January 14, 2016)
- Interviewer for “A Conversation with California Supreme Court Justice Goodwin Liu” at the 2015 USC Institute for Corporate Counsel
- Panel member, 2013 annual meeting of the Institute for Conflict Prevention and Resolution on arbitration-related cases pending in the Supreme Court and Ninth Circuit
- Panel member, Rand Corporation on “Palliative Care: Facing Tough Choices,” regarding the Supreme Court’s right-to-die jurisprudence
- Interviewer for “In Conversation with Justice Scalia,” at Town-Hall Los Angeles