Mark began his legal career as a law clerk for The Hon. James K. Logan of the U.S. Court of Appeals, Tenth Judicial Circuit. Since then, his practice has focused on nationwide complex litigation, including the defense of pharmaceutical and medical device manufacturers. Such litigation has involved numerous cases in state and federal trial and appellate courts throughout the United States.
Mark has spoken on numerous occasions regarding various litigation topics, including at several Drug Information Association meetings and at the Defense Research Institute's Pharmaceutical and Medical Device Annual Meeting. He assisted in program scheduling for the Drug Information Association's Annual Meeting from 1995 to 2014. Before pursuing a legal career, Mark worked as a process engineer for AT&T in its semiconductor manufacturing division.
Complex Litigation – Since 1991, Mark has represented numerous companies in a variety of complex litigations. These litigations, among other things, have involved product liability claims, insurance coverage disputes, advertising claims and securities.
Mark's representative clients include Astellas Pharma US, Inc. and Upsher-Smith Laboratories, for which he serves as national counsel for all product cases. Mark also represents on a national basis Johnson & Johnson in litigation involving talc, including as trial counsel, as well as Pfizer in cases involving Zoloft®, Lipitor® and HRT. Other representations have included Boston Scientific in cases involving pelvic mesh, Hoffmann-La Roche in cases involving Accutane®, Eli Lilly and Company in cases involving Prozac® and diethylstilbestrol, American Home Products Corporation in cases involving Cordarone®, Wyeth in cases involving diet drugs, Pfizer in cases involving Rezulin®, Sanofi Inc. in litigation involving Marcaine®, Organon in cases involving Raplon® and Zemuron®, Akzo Nobel in cases involving coatings, the Dalkon Shield Claimants Trust in litigation involving the Dalkon Shield IUD and G.D. Searle & Company in cases involving the Cu-7 IUD, and American Cyanamid Company in cases involving claims of yield loss and exposure to antibiotics.
Publications and Presentations
Avoiding Preemption Under Mensing, Webinar, DRI, April 16, 2019.
What's Left After Mensing, DRI Drug and Medical Device Committee Webcast, 2013.
Potential Civil and Criminal Liability Arising from Clinical Trials, DRI Pharmaceutical and Medical Device Annual Meeting, 2009.
Clinical Trials on Trial: Potential Legal Liability from Clinical Research, Achieving Excellence in Clinical Research, 2009.
Clinical Trial Litigation: Potential Legal Liability Arising from Clinical Trials, HARP Annual Meeting, 2008.
Direct and Cross Examination of a Hypothetical Principle Investigator, DIA Annual Meeting, 1997.
Mock Trial of a Clinical Investigator, ARC, 1997.
Demonstration of a Pharmaceutical Products Liability Trial, DIA Legal Liability Seminar, 1997 and DIA Annual Meetings 1995, 1996, 1998-2013.
Hegarty, et al., Reliability not Quantity the Key Under Daubert, The Journal of the Academy of Experts, Vol. 5, No. 2, Summer 2000.