Mark frequently represents committees of independent directors, including Fortune 500 corporations incorporated outside Delaware, in responding to stockholder demands and derivative litigation. As a co-author of Special Committees of Independent Directors, Mark is often asked to assist special committees in responding to demands relating to wide-ranging allegations, including insider trading, violations of the Foreign Corrupt Practices Act, failure of oversight, related party transactions, and improper executive compensation.
Mark has assisted clients in successfully defending stockholder claims challenging going private litigation, including among others, the acquisition of Dell, Inc. He has successfully represented clients in statutory actions relating to the governance and valuation of Delaware corporations and regularly provides advice regarding advancement and indemnification obligations under Delaware law.
Mark lectures across the country on issues of corporate governance and litigation in the Delaware Court of Chancery. He is a recognized leader in his field, top-ranked among Delaware Chancery practitioners in Chambers USA: America’s Leading Lawyers for Business and recognized in many other publications.
In addition to his active corporate and business litigation practice, Mark serves as Morris Nichols’ General Counsel.
- Chambers USA: Guide to America’s Leading Lawyers, Ranked for Chancery in Delaware (2008-2020)
- The Legal 500 US, Mentioned for mergers and acquisitions litigation defense work (2016-2020)
- Delaware Super Lawyers, Listed for corporate and business litigation experience (2011-2020)
- U.S. News & World Report/Best Lawyers, Selected by his peers for inclusion in Delaware commercial litigation, M&A litigation, corporate law and corporate governance law (2010-2021)