Experience

Mark has a broad litigation practice that draws upon his experience in all phases of state and federal litigation.  Mark has successfully represented both national corporations and smaller companies in a wide range of disputes involving complex litigation, commercial disputes, insurance coverage disputes, and ERISA litigation.  Mark has litigated cases for plaintiffs and defendants in the state and federal courts throughout Maine, Massachusetts, New Hampshire and California.  In recent years, Mark has acted as trial counsel in jury trials in both federal and state courts in Maine and Massachusetts, and has argued before the U.S. Court of Appeals for the First Circuit.

Mark has extensive expertise litigating claims under the federal False Claims Act, having represented companies in qui tam suits brought under the Act in Massachusetts and Maine.  In one such matter Mark served as trial counsel in a four-week jury trial in federal court in Boston.

Mark also has broad experience handling electronic discovery in complex cases.  Among other matters, in recent years Mark was responsible for overseeing a two-year long discovery process in a case pending in federal court in Massachusetts that involved the production of millions of pages of documents and electronic records.

Before joining Pierce Atwood in 2001, Mark was an attorney with Covington & Burling in Washington, D.C. for several years.  His litigation practice there involved representation of corporate clients in multi-million dollar insurance coverage actions, regulatory litigation before various federal agencies, general commercial litigation, and pro bono work in a variety of state and federal trial and appellate courts.

Mark served as a law clerk to Judge Norma Shapiro for the U.S. District Court, Eastern District of Pennsylvania for a year after graduating from law school.

Honors and Distinctions

Mark is included in The Best Lawyers in America for Administrative Law.

Publications

Mark is the author of MaineEvidence.com, an evidence and e-discovery blog that discusses rules, caselaw, news and best practices relating to electronic discovery, professional responsibility and evidentiary issues.

Mark's recent publications and presentations include:

• Developments and Trends in the World of Electronic Discovery, chapter included in Inside the Minds:  Electronic Records Management and E-Discovery (Aspatore 2010).
• Prevention & Litigation of False Claims Under the New Healthcare Reform Legislation, Maine State Bar Association Summer Meeting (June 2010)
• The Importance of Juror Notebooks in Complex Trials, Trials and Tribulations (DRI April 2010)
• Expanding an Already Expansive Remedy:  The 2009 Amendments to the False Claims Act, The Business Suit (DRI Dec. 2009)
• The Availability of Interest on a Delayed Payment of Benefits Due Under a Group Long-Term Disability Plan, Tort Trial & Insurance Practice Committee News, Health and Disability Insurance Law Committee (ABA Fall 2009)
• Is Your Expert Your Ally or Your Enemy?, 17 PP&D 6 (ABA Summer 2009)
• Ethics and Metadata:  The Pitfalls of Digging Too Deeply, 24 Maine Bar Journal 86 (Spring 2009)
• The Dilemmas of Metadata:  Think Twice Before Mining, For the Defense (May 2009)
• The Ethical Dilemmas of Metadata:  Think Twice Before Mining, Professionalism Perspectives (DRI Feb. 2009)

Professional Activities

Mark is a member of the Maine State, Cumberland County and D.C. Bar Associations and the Defense Research Institute (DRI).

Civic Activities

Mark serves as a member of the Falmouth Board of Assessment Review.  Previously, Mark served in Scarborough as a member of the Planning Board and Parks and Conservation Land Advisory Board.