Mark W. Freel: Lawyer with Edwards Wildman Palmer LLP

Mark W. Freel

Partner
Providence,  RI  U.S.A.
Phone401-276-6681

Peer Rating
 5.0/5.0
AV® Preeminent

Client Rating

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Practice Areas

  • Complex Litigation
  • Commercial Litigation
  • Probate & Fiduciary Litigation
  • Labor & Employment
  • Real Estate and Construction Litigation
  • Consumer Products & Retail
  • IP Litigation
  • Project Finance and Infrastructure
  • Manufacturing
  • Aviation and Aerospace
  • Government and Public Sector
 
University University of New Hampshire (B.A., 1975; M.A., 1981)
 
Law SchoolUniversity of Connecticut School of Law, J.D., highest honors, 1987
 
AdmittedRhode Island; Massachusetts; Connecticut; U.S. District Court, District of Massachusetts; U.S. Court of Appeals, Federal Circuit; U.S. District Court, District of Rhode Island; U.S. Court of Appeals, First Circuit; U.S. Court of Appeals, Second Circuit; U.S. District Court, District of Connecticut
 
Memberships 

Memberships

National Association of Manufacturers
Rhode Island Manufacturer's Association, Board of Directors
New England Legal Foundation, Board of Directors
Leadership Rhode Island
Zoning Board of Review (Barrington, RI)
Rhode Island Community Food Bank, Board of Directors
Rhode Island Bar Association

 
BornNew Haven, Connecticut, May 21, 1954
 
Biography

Mark is a Partner in the Litigation Department of Edwards Wildman. Mark was included in the 2014 edition of Chambers USA: America's Leading Lawyers for Business as one of the top litigators in Rhode Island. The comprehensive national guide, based upon actual interviews with clients and attorneys, noted that Mark is known throughout the state as an excellent lawyer who runs the whole gamut of litigation. Mark has enjoyed the honor of being included in the publication since 2004. Mark has also been included in the New England Super Lawyers listing, a Thomson Reuters publication, since 2007, as well as the Best Lawyers in America publication for his work in Commercial Litigation since 2006.

Mark frequently handles matters involving construction and real estate disputes; shareholder disputes in closely held corporations; cases involving unfair competition, trade secrets and covenants not to compete; employment matters; and probate and family business disputes. He frequently represents and advises manufacturers on issues concerning the protection of their intellectual property and proprietary business information, on commercial and transactional disputes, and in product liability actions involving a wide variety of products. He has represented the manufacturers of aviation products, airlines and airline insurers. He has served as lead counsel in numerous cases involving constitutional and civil rights, including First Amendment rights and section 1983 claims.
• Mark has represented a series of product manufacturers in product defect and design claims, including heavy construction equipment, home products, industrial machinery, aircraft, propane tanks, medical devices, building products and the like.

• Mark is currently representing a condominium association at an 80-unit luxury waterfront condo development in a multi-million dollar construction defect case against the original developer, and also represents 10 homeowners in a high-end subdivision in a series of similar claims.

• Mark has frequently represented a specialty aviation insurer in litigation claims, including the recent settlement of a case involving injuries to a minor on an international flight governed by the Montreal Convention.

• Mark frequently advises product manufacturers on the commercial terms and conditions of product sales, and assists in the resolution of commercial disputes with customers and vendors.

• Mark has represented the manufacturer of general aviation aircraft in cases involving allegation of design defects.

• Mark has represented a national construction and real estate company in fiduciary issues arising out of corporate governance, shareholder rights and executive compensation.
• Mark currently co-leads a multi-office team acting as national employment litigation counsel for a retailer with over 300 stores throughout the country.

• Mark recently won a mandatory injunction ordering a contractor to demolish a $2 million waterfront home that was mistakenly built on public park land owned by a charitable foundation. That decision was recently upheld on appeal. Nulman v. Four Twenty Corp.

• Mark has represented a national manufacturer of building products in complex litigation involving hotels and private residences around New England.

• Mark has represented an international distributor of seafood products in a dispute concerning trademark rights and claims of unfair competition.

•Mark won a jury verdict for a national distributor of petroleum products in a trial involving property and contractual rights at a petroleum pier.

•Mark has represented an international construction company in claims and contract issues arising out of construction of multimillion dollar water treatment plant.

•Obtained defense jury verdict in multimillion-dollar product liability trial on behalf of Honeywell, the manufacturer of a residential smoke detector. Kiely v. Honeywell.

•Successfully defeated motion for preliminary injunction in case involving allegations of trademark infringement and trademark dilution. Bob's Off-Price v. Bob's Stores, United States District Court.

•Mark argued a successful summary judgment motion as lead counsel for Transamerica in a class action suit concerning the constitutionality of mortgage escrow procedures employed in the management of thousands of mortgage accounts. The U.S. Court of Appeals for the First Circuit upheld the summary judgment on appeal. Tomaiolo, et al. v. Transamerica, 1st Cir.

•Successful outcomes in numerous preliminary injunction hearings involving trade secret claims and other related technological and intellectual property matters. Trade secrets cases have involved manufacturing processes, including electroplating and other metal surface finishing; wireless communications; software designs and data storage methodologies; chemical products; automotive issues; and other mechanical engineering issues.

•Mark has substantial experience handling disputes in family-owned and closely held businesses, including related probate litigation matters and shareholder disputes.

•Mark assisted the Moderate Party, a fledgling third party in Rhode Island politics, in successfully challenging the constitutionality of statutes that govern how political parties can get on election ballots. Block v. Mollis.

•Large product manufacturers facing mass tort claims have engaged Mark to defend their products, including breast implants and asbestos. He secured a summary judgment as counsel to 3M in consolidated breast implant cases in U.S. District Court. Almonte, et al. v. 3M, et al, 2000.

•Mark has frequently acted as lead counsel in numerous matters involving constitutional and civil rights, such as First Amendment issues and section 1983. Global Waste Recycling, Inc. v. Mallette; Tomaiolo v. Transamerica; Rhode Island Association of Realtors, Inc. v. Sheldon Whitehouse; Block v. Mollis; Irons v. Ethics Commission.

•Working in conjunction with our employment lawyers, Mark has handled employment discrimination claims, including allegations of discrimination arising out of age, gender, race and disabilities.

Honors
William G. McLoughlin First Amendment Award , presented by the Rhode Island Affiliate of the American Civil Liberties Union 2012 (ACLU)

Besides Edwards Wildman

When Mark isn't busy with his practice, clients, community activities, and his wife and his four children (stretching from adulthood to third grade), he is an avid baseball fan, a political junkie and an American history buff.

Experience

Defense of Charitable Foundation in Public Park Dispute

In September 2012, a team of our Real Estate and Litigation lawyers in Boston and Providence secured a judgment ordering a real estate developer to tear down a $2 million waterfront home constructed entirely on an abutting public park in Narragansett, Rhode Island owned by our client, a charitable foundation.

Dismissal of Mechanic's Lien Action Before Trial on Behalf of Defense Technology Company

In June 2012, Edwards Wildman lawyers in Providence successfully secured the dismissal of our client from a mechanic's lien action just before an upcoming trial in Rhode Island Superior Court.

Defeat of Two Motions to Dismiss in Federal Court for Banking Institution

On behalf of our client, a bank that has brought a loan default action, Edwards Wildman lawyers in Providence and Boston defeated defendants' two motions to dismiss filed on jurisdictional grounds in the US District Court for the District of Rhode Island.

Dismissal of Employee Discrimination Lawsuit Against Multi-industry Company

In May 2012 Edwards Wildman lawyers in Providence successfully negotiated the dismissal of an employment discrimination lawsuit in federal court against our client, a multi-industry company, without payment of any consideration or compensation. MORE

Insights
Farnborough International Airshow
July 14, 2014 - July 20, 2014 event
Where Can Your Company Be Sued? The Supreme Court Steps Back From General Jurisdiction
February 2014
Edwards Wildman Client Advisory - Who's the Boss? The Supreme Court Decides in Favor of Employers
June 24, 2013
Edwards Wildman Client Advisory - U.S. Supreme Court to Address Breadth of “Mixed-Motive” Theory - Does It Apply to Retaliation Claims?
February 2013
Edwards Wildman Client Advisory: Who is a Supervisor? The Ball is Now in the Supreme Court's Hands
October 2012
Intellectual Property Bulletin - Summer/Fall 2007
Summer/Fall 2007
SEAK's Fourteenth Annual National Expert Witness Conference
June 16, 2005 - July 17, 2005 event
The Law of Trade Secrets:

Politics, Corporations and the First Amendment
December 3, 2012 event

News
Edwards Wildman's Mark Freel Prevails in ACLU Case on Anonymous Political Pamphleteering
October 9, 2014
Edwards Wildman's Mark Freel Addresses Ugly Emails in Rhode Island Gubernatorial Campaign on Channel 10
June 20, 2014
Chambers USA 2014 Recognizes 35 Edwards Wildman Lawyers for Excellence
June 4, 2014
Edwards Wildman's Mark Freel Analyzes Noncompete Agreements in Providence Business News
December 16, 2013
Edwards Wildman's Mark Freel Advises Park Foundation Trustees in Dispute, Reports Providence Business News
December 2, 2013
Best Lawyers Recognizes 54 Edwards Wildman Attorneys
October 16, 2013
Chambers USA 2013 Ranks 36 Edwards Wildman Lawyers in 17 Practice Areas
May 28, 2013
Edwards Wildman's Mark Freel and Katie Guarino Address Continuing Trespass Issues in Real Estate Forum
January 29, 2013
Edwards Wildman's Mark Freel Profiled in Providence Business News
October 16, 2012
Edwards Wildman's Mark Freel Receives ACLU Award, Reports Rhode Island Lawyers Weekly
September 28, 2012

 
ISLN907276997
 

Documents by this lawyer on Martindale.com

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Where Can Your Company Be Sued? The Supreme Court Steps Back From General Jurisdiction
Mark W. Freel, February 11, 2014
For many years, the Supreme Court’s jurisprudence on personal jurisdiction had incrementally expanded to a point at which most national or multinational corporations would probably assume that they could be sued almost anywhere. Dating back to a seminal case in 1945, the Court had broadly...


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Office Information

Mark W. Freel

2800 Financial Plaza
ProvidenceRI 02903




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