Mark was included in the 2009 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.
Mark frequently handles matters involving shareholder disputes in closely held corporations, construction and real estate disputes, cases involving unfair competition, trademarks and trade secrets, covenants not to compete, 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, and in product liability actions involving a wide variety of products. He has handled mass tort cases involving asbestos liability and breast implants. He has served as lead counsel in numerous cases involving constitutional and civil rights, including First Amendment rights and section 1983 claims.
Notable Experience
· Mark is representing a national construction and real estate company in fiduciary issues arising out of corporate governance, shareholder rights and executive compensation.
· Mark is representing an international construction company in claims and contract issues arising out of construction of multimillion dollar water treatment plant.
· Mark is representing an international distributor of seafood products in a dispute concerning trademark rights and claims of unfair competition.
· Mark has represented a national manufacturer of building products in complex litigation involving eight hotels around New England.
· Mark won a jury verdict for a national distributor of petroleum products in a trial involving property and contractual rights at a petroleum pier.
· Obtained defense jury verdict in multimillion-dollar product liability trial on behalf of Honeywell, the manufacturer of a residential smoke detector. Kiely v. Honeywell, 1999.
· 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, 2003.
· 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, 2001, 1st Cir. 2002.
· 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 recently 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, 2009.
· 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, 2000; Tomaiolo v. Transamerica, 2001; Rhode Island Association of Realtors, Inc. v. Sheldon Whitehouse, 1999; Block v. Mollis, 2009; Irons v. Ethics Commission, 2009.
· 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.
Recent Speaking Engagements and Publications
· "I Could Tell You, But...," speaker on EAPD panel concerning non-disclosure agreements at the Rhode Island Bar Association's Annual Meeting, 2009.
· "Business Torts: A Fifty State Guide," Rhode Island chapter, published by Walters Kluwer, 2007 through 2009 editions.
· "Construction Law Desk Reference," Rhode Island chapter author, published by Defense Research Institute (DRI), Fall 2009.
· "Not Just Any Secret Is a Trade Secret," Edwards Angell Palmer & Dodge Intellectual Property Bulletin, Summer/Fall 2007.
· "How Experts Make Themselves Invaluable to Counsel: Beyond the Favorable Opinion," speaker, SEAK's Fourteenth Annual National Expert Witness Conference, Hyannis, Massachusetts, June 16-17, 2005.
· "L'Affair Napster: A Cautionary Tale for VC Investors," co-author, Boston Business Journal, June 3, 2005.
· Mark was recently interviewed about his latest pro bono project for an article entitled "Lawyer Leads ACLU Fight In Fee-Sharing Suit," which appeared in the Rhode Island Lawyers Weekly on March 14, 2005.
· Mark is often asked to write on various topics including trade secrets, unfair competition and covenants not to compete (For the Defense; DRI; Rhode Island Bar Journal; Counsellor).
· In addition to writing for various publications, Mark has also lectured on various issues including: Evidence for Business Lawyers; Managing Bits and Bytes to Protect the Bottom Line; Covenants Not to Compete and Trade Secrets; and Unfair Competition Claims in the Employment Context.
News & Publications
June 21, 2011, Edwards Angell Palmer & Dodge Recognized by Chambers USA in 17 Categories
October 7, 2010, EAPD Attorneys Selected For Inclusion in Super Lawyers 2010
August 10, 2010, Sixty EAPD Attorneys Recognized by the Best Lawyers in America
June 23, 2010, Chambers and Partners Recognizes EAPD in Nineteen Areas
March 1, 2010, EAPD Attorneys Recognized in 2010 Super Lawyers Corporate Counsel Edition
November 6, 2009, EAPD Attorneys Selected For Inclusion in Super Lawyers 2009
September 1, 2009, 62 EAPD Attorneys Recognized as Best Lawyers in America 2010
June 22, 2009, EAPD Attorneys Recognized in Super Lawyers 2009 Corporate Counsel Edition
June 12, 2009, Chambers and Partners Recognizes Firm in Nineteen Areas
February 4, 2009, 57 EAPD Attorneys Recognized as Best Lawyers in America 2009
November 24, 2008, EAPD Attorneys Recognized in Super Lawyers 2008 Corporate Counsel Edition
October 30, 2008, EAPD Attorneys Named Super Lawyers 2008
June 13, 2008, Chambers and Partners Recognizes Firm in Twenty Areas
Summer/Fall 2007, Intellectual Property Bulletin - Summer/Fall 2007
Edwards Angell Palmer & Dodge LLP
October 30, 2007, EAPD Attorneys Named Super Lawyers 2007
October 10, 2007, 57 EAPD Attorneys Recognized as Best Lawyers in America 2008
June 18, 2007, Chambers and Partners Recognizes Firm in Twenty Areas
June 7, 2006, Edwards Angell Palmer & Dodge Recognized By Chambers USA
May 25, 2005, Edwards & Angell Lawyers Identified as Leading Lawyers in their Practice Areas
March 14, 2005, Lawyer Leads ACLU Fight In Fee-Sharing Suit
Rhode Island Lawyers Weekly
June 1, 2004, Edwards & Angell, LLP Recognized As A Top Law Firm By Leading Legal Publisher Chambers & Partners
Chambers & Partners
The Law of Trade Secrets:
A Flexible Weapon for Protecting Intellectual Property
Besides Edwards Wildman
When Mark isn't busy with his practice, clients, community activities, other professional activities, his wife and his four children (stretching from graduate school to pre-school), he is an avid sports fan, an erratic golfer, an amateur political junkie and an American history buff.
Events
June 16, 2005 - July 17, 2005, SEAK's Fourteenth Annual National Expert Witness Conference
Industries
· Manufacturing
· Aviation and Aerospace
Memberships
· Defense Research Institute
· Rhode Island Bar Association
· Rhode Island Manufacturer's Association, Board of Directors and Chairman of Legislative Subcommittee
· Leadership Rhode Island
· Zoning Board of Review (Barrington, RI)
· Member, Board of Directors, Rhode Island Community Food Bank