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