Overview

Mark has over 20 years’ experience as a private practitioner representing investment banks, broker-dealers, market makers, corporations, investment advisers, hedge funds and directors and officers in many high-profile matters, from SEC, DOJ, FINRA, and state attorneys general, as well as complex litigation and national securities class actions.

Mark has consistently been involved in significant securities industry cases, including, among others, VIX related litigation, Exchange traded fund investigations, high frequency trading, the CDO investigations, structured and complex products investigations, insider trading, the Squawk Box investigations, auction-rate securities, student loan investigations, options back-dating, NYSE and SEC specialist investigations and the Salomon Brothers treasury bond investigation.

RECOGNITION

  • Securities Litigation – Defense, The Legal 500 (2016-2018)
  • BTI Client Service All-Star (2013)

Representative Matters

  • Obtained a no enforcement action result on behalf of a family of hedge funds in an SEC investigation concerning a purported NAV restatement and related fund mergers following the implementation of FAS 157.
  • Obtained a no enforcement action result on behalf of a large international broker-dealer in connection with an investigation relating to certain trading by the firm’s convertible desk.
  • Represented a major broker-dealer in investigations by the SEC and numerous states’ attorneys’ general concerning auction-rate securities.
  • Represented a major broker-dealer in investigations concerning market-linked CDs and complex products.
  • Represented a major broker-dealer in connection with investigations concerning the sale of non-traditional exchange-traded funds.
  • Represented a domestic and off-shore hedge fund in litigation threatened by a Cayman Islands court-appointed receiver.
  • Obtained dismissal of Section 16(b) complaint in the EDNY on behalf of an investment adviser, investment manager and hedge fund.
  • Obtained the dismissal with prejudice of a large retailer from a $100 million class-action securities fraud suit in connection with a bond tender offer.
  • Successfully defended a former student loan executive in investigations brought by the New York State Attorney General, the U.S. Senate, the House of Representatives, the Department of Education and various state attorneys general concerning student-lending practices.
  • Obtained the dismissal with prejudice of a major broker-dealer in a consumer class action alleging breach of fiduciary duty in connection with stock-lending practices.
  • Obtained a no-enforcement action letter from the NASD (now FINRA) on behalf of a large broker-dealer in an investigation relating to “B” shares.

Publications & Events

In the News

Education

  • American University Washington College of Law (J.D. 1987)
  • Hofstra University (B.B.A. 1984)

Bar Admissions

  • New York
  • U.S. Court of Appeals for the Second Circuit
  • U.S. District Courts for the Northern District of New York, the Southern District of New York, and the Eastern District of New York