Areas of Practice
Mark is an experienced trial attorney who represents clients in a variety of business disputes, with a special emphasis on lender liability, real estate, consumer class action defense, multi-family litigation, and unfair competition.
Mark’s practice focuses on complex business litigation with an emphasis on the financial services industry. He spent two years in Wells Fargo Bank's legal department, where he managed a portfolio of mortgage, student loan, bankruptcy, credit card, and auto finance matters in all areas of litigation, including trial. He also counseled the Bank on risk management and compliance with state and federal consumer protection regulations, including regulations relating to TILA, RESPA, TCPA, FDCPA and FCRA.
At Sheppard Mullin, Mark continues to counsel financial institutions on compliance matters and has successfully represented clients in both state and federal court against claims of fraud, breach of contract, unfair business practices and negligence. His experience includes all aspects of pre-trial practices, dispositive motions, and briefing before the California Courts of Appeal and the Ninth Circuit Court of Appeals. Mark also has experience as lead trial counsel, obtaining complete victories in bench and jury trials, and has successfully argued before the California Court of Appeal.
Mark serves on the firm’s Pro Bono Committee and heads pro bono efforts for the San Diego office.
•San Diego Rising Star, Super Lawyers, 2015, 2016, 2017
Recent Litigation Successes
•Lead trial counsel in jury trial relating to a property/easement dispute, where he won a favorable result for the client
•Obtained complete dismissals of over 100 mortgage-related complaints
•Obtained a favorable settlement in a data breach lawsuit
•Extern for the Honorable William Q. Hayes, United States District Judge for the Southern District of California
•Intern, California Attorney General's Office, Criminal Appellate Division arguing cases in the California Courts of Appeal
•Intern, San Diego Volunteer Lawyers Program, Elder Law & HIV/AIDS Clinics
•Assisted families with finalizing adoptions and requesting specialized care rate assessments through pro bono partnership with Public Counsel Adoptions Project
•Successfully argued pro bono immigration appeal with the Ninth Circuit Court of Appeals
Financial Institutions Law Blog Posts
• The Consumer Financial Protection Bureau Adopts New Rule Barring Class Action Waivers in Arbitration Agreements, July 14, 2017
• The Ninth Circuit Holds That Enforcing A Security Interest Is Not Necessarily Debt Collection, October 27, 2016
• California Homeowner Bill of Rights: A New Mortgage Law For The New Year, December 12, 2012
• Dispelling the Myth of MERS as a 'Sham' Beneficiary, October 18, 2011
• More Teeth For The Tender Rule, June 16, 2011
•Presenter, Association of Business Trial Lawyers Trial Skills Seminar, San Diego, CA, October 2012.
•Mr. Rackers has taught English and Persuasive Writing courses at the University of California San Diego and San Diego City College.
•Board Member, Legal Aid Society of San Diego, Inc.
•Member, State Bar of California
•Member, Louis M. Welsh Chapter of the American Inns of Court
•Member, San Diego County Bar Association
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