Litigation and Arbitration

Mark has represented a variety of clients in litigation, arbitrations and agency proceedings in telecom, First Amendment, antitrust, and copyright infringement proceedings.

I began my legal career as an appellate attorney in the Antitrust Division of the United States Department of Justice.  My litigation experience at DOJ ran the gamut from criminal trials in D.C. Superior Court to numerous arguments in U.S. Courts of Appeals, to assisting the Solicitor General’s office in drafting Supreme Court briefs and petitions for certiorari.

In private practice, I have represented a variety of clients in litigation, in arbitrations and in proceedings before the Federal Communications Commission (“FCC”) and other federal agencies.  My experience in federal civil litigation has included telecom, First Amendment, antitrust, and copyright infringement matters.  I have also provided advice and representation to telecom clients in domestic and international arbitrations and in state public utility commission arbitrations.

Among the recent litigation matters on which I have worked for clients are:

  • The successful representation of No-IP after the ex parte seizure of numerous of its domains by Microsoft Corp. See “Microsoft Drops Case that Severed DNS Hosting for Millions of Users” and “How Microsoft Appointed Itself Sheriff of the Internet”
  • Three cases invalidating state laws governing use of caller ID spoofing technology, including a decision of the U.S. Court of Appeals for the Fifth Circuit.
  • Two American Arbitration Association arbitrations and a state court trial involving commission disputes between international carriers and sales agent clients.
  • An injunctive relief proceeding in state court preventing a telecommunications carrier from violating its agreement with an enterprise client and cutting off the client’s nationwide DID service.
  • A state court appeal of a state public utility commission arbitration decision.
  • Federal civil litigation and UDRP adjudication proceedings involving ownership of domain names and alleged cybersquatting.

If I am not admitted in a particular state, I can identify and work with local counsel to defend the client’s interests.  In recent years, I have worked with local counsel on client matters in California, Virginia, Mississippi, Florida and Massachusetts.