Practice Areas
Education
- J.D., cum laude, 1993, Georgetown University Law Center
- B.S.F.S., magna cum laude, 1990, Georgetown University
Clerkships
- Law Clerk to the Honorable Murray M. Schwartz, United States District Court for the District of Delaware
Admissions to Practice
- Delaware, 1994
- New York, 1994
- U.S. District Court for the District of Delaware, 1995
- U.S. Court of Appeals for the Third Circuit, 1995
Mark is a member of the Corporate and Business Litigation Group. His practice focuses on corporate mergers and acquisitions, defense of stockholder class and derivative actions, and statutory actions relating to the governance and valuation of Delaware corporations. Mark also advises boards of directors and special committees in conflict of interest transactions and derivative litigation, and has lectured for the Practising Law Institute and the American Bar Association on matters of corporate governance. He was selected by his peers for inclusion in The Best Lawyers in America 2010 in the fields of Corporate Law and Mergers and Acquisitions Law.
Representative Matters
Mark has represented numerous Fortune 500 corporations and their directors, as well as private corporations and their directors, in stockholder class and derivative proceedings in the Delaware Court of Chancery. He recently represented two of the directors of The Walt Disney Company in litigation challenging severance benefits paid to Michael Ovtiz, and represented Martha Stewart Living in Omnimedia, Inc. and certain of its directors in litigation asserting claims in connection with Martha Stewart's trading of shares in ImClone Systems, Inc.
Mark also has represented officers and directors of Delaware corporations in actions seeking advancement and indemnification, including Bergonzi v. Rite Aid Corp., Scharf v. Edgcomb Corp., and Brady v. i2 Technologies, Inc. His practice also has included representations of special litigation committees for the boards of directors of Nu Skin Enterprises, Inc. and Union Pacific Corporation, as well as special committees negotiating transactions in the gaming, entertainment and restaurant industries. Mark also has significant experience in valuation disputes, actions arising out of mergers and tender offers, and a variety of statutory proceedings under the Delaware General Corporation Law.
News
- 26 Morris Nichols Attorneys Named to The Best Lawyers in America 2010: Firm Earns Seven #1 Rankings in Delaware
The Best Lawyers in America 2010 has ranked Morris Nichols #1 in Delaware in seven practice areas and has named 26 Morris Nichols attorneys to its The Best Lawyers in America 2010 list. - Chambers USA 2009 Names 20 Morris Nichols Attorneys and Five Practice Groups as Best in Delaware
Chambers USA: America’s Leading Lawyers for Business today ranked twenty Morris Nichols’ attorneys and five practice groups as best in Delaware. - Mark Hurd Quoted on Front Page of International Financial Law Review Analysis of AIG, In Re Citigroup Decisions
Mark Hurd was quoted in a front page article published by the International Financial Law Review.
Notable Publications and Presentations
- S. Mark Hurd, A. Gilchrist Sparks III, Jay N. Moffitt, The Delaware Court of Chancery Concludes Directors' Action To Reschedule A Stockholder Vote Satisfies Blasius' Compelling Justification Standard
- S. Mark Hurd, Donna L. Culver, Clear Signal Beacons and Brightly Lined Channel Markers For Directors of Financially Troubled Delaware Corporations
- S. Mark Hurd, A. Gilchrist Sparks III, The Walt Disney Company Derivative Litigation - Delaware Supreme Court Affirms Court of Chancery Decision
- S. Mark Hurd, Books and Records Demands and Litigation: Recent Trends and Their Implications for Corporate Governance, 9 Del. Law Rev. 1 (2006)
- S. Mark Hurd, Andrew M. Johnston, Special Committees of the Board, Corporate Governance: Law & Practice (Lexis Nexis 2004)
- S. Mark Hurd, Indemnification of Directors and Officers Under Delaware Law, The Review of Commodities & Securities Regulation, Vol. 35, No. 21, 262-69 (McGraw Hill Companies, 2002)
- S. Mark Hurd, Andrew M. Johnston, Special Committees of Independent Directors, Corporate Practice Series Portfolio No. 79 (The Bureau of National Affairs, Inc., 2002)
- S. Mark Hurd, A. Gilchrist Sparks III, Special Committees of Directors – When Does the Business Judgment Rule Apply and To What Extent Are Committee Proceedings Confidential, Delaware Law Review, Vol. 2 (Delaware State Bar Association 1999)
- S. Mark Hurd, A. Gilchrist Sparks III, Special Negotiating Committees, The Review of Securities & Commodities Regulation, Vol. 30, No. 8, 97-101 (McGraw-Hill Companies, 1997)
- S. Mark Hurd, Update on Special Negotiating Committees, Bowne Digest, Vol. 12, No.1, 7-8 (Brumberg Publications, Inc. 1998)
Professional and Community Activities
- Member, Delaware State Bar Association, Corporation Law Section
- Member, American Bar Association, Sections of Business Law and Litigation
- Member, American Bar Association, Business Law Section Committee on Business and Corporate Litigation
- Member, American Bar Association, Business and Corporate Litigation Committees on Class and Derivative Actions