In addition to criminal and civil trial cases, Mark regularly represents clients in connection with congressional investigations, internal investigations and other enforcement matters. The scope of Mark’s practice is reflected in his trial court victories and other representations, including:
- Successfully defending Bayer against a contempt action filed by the United States, seeking hundreds of millions of dollars and alleging that Bayer was unlawfully marketing its probiotic product, Phillips’ Colon Health. After a two-week trial, the Court denied the government’s motion in its entirety. Mark was recognized as “Litigator of the Week” for his trial victory in United States v. Bayer by The AmLaw Litigation Daily.
- Representing the former CEO of Freddie Mac, Richard Syron, in response to congressional subpoenas, an SEC enforcement action in the Southern District of New York and multiple class action securities cases. As The New York Times wrote in an article describing the settlement with the SEC: “Now a case that began with such fanfare has ended with a whimper.”
- Successfully representing Duke Energy at trial in the defense of Clean Air Act environmental claims. The case ended with a jury verdict for the defense on 10 of 14 counts and – following a retrial – a defense verdict on eight out of 10 counts. As reported in The American Lawyer, the two trial victories “framed the score as 44 to 6” in favor of Duke “based on the original charges.”
- Obtaining an acquittal at trial of Tyson Foods, Inc. on a 36-count indictment charging conspiracy to violate federal immigration laws and seeking criminal forfeiture of over US$100 million – a result that The National Law Journal identified as the “Defense Verdict of the Year.”
Mark has been named a “Life Sciences Star” by LMG Life Sciences in the White-Collar/Government Investigations category (2019–2022). In 2015, Mark received the Law360’s “White Collar MVP” award and The National Law Journal’s “White Collar Trailblazer” award. He has been ranked as a “Litigation Star” in Washington, D.C. by Benchmark Litigation (2022–2023), and has been repeatedly recognized in publications such as PLC Dispute Resolution (Cross-border White Collar Investigation Handbook) and The Legal 500 US. Mark has also been named by Super Lawyers magazine as one of the Top 100 lawyers in Washington, a recognition based on a vote of peers. Washingtonian magazine has repeatedly included Mark in its roster of the “Top Lawyers in Washington.” Since 2005, he has been recognized by The Best Lawyers in America in Bet-the-Company Litigation, White Collar Criminal Defense and Regulatory Enforcement Litigation.