Biography

Mark concentrates his practice on the aviation and transportation industries, including litigation, regulatory administrative and enforcement matters, investigations, airport and aircraft security and employment issues.

Mark has handled numerous safety, enforcement and regulatory matters before the Federal Aviation Administration (FAA), National Transportation Safety Board (NTSB) and other administrative agencies, whether arising from an accident or incident or other material compliance matter, including issues involving the Departments of State, Justice, the Treasury and Homeland Security, and the Transportation Security Administration.

Over the course of a career spanning more than four decades, Mark has tried dozens of jury and non-jury cases, ranging in length from one day to several months, and argued before state and federal appellate courts at all levels. He represented Sikorsky Aircraft Corp. in the landmark Supreme Court case Boyle v. United Technologies, which established the government contractor defense, and in Mounsey v. Allied-Signal, a "friendly fire" litigation, winning the manufacturer's dismissal from the case after the government invoked the state secrets doctrine to avoid responding to third-party subpoenas. 

Mark has counseled and represented numerous airlines, including:

  • Alaska Airlines
  • Arrow Air
  • Colgan Air
  • Empire Airlines
  • Mesa Airlines
  • National Airlines
  • SkyWest Airlines
  • Southwest Airlines
  • Spirit Airlines
  • Trans State Airlines
  • US Airways
  • Virgin America

He also advises and represents aviation service providers, including airports, fuelers, ground handlers, fixed base operators, maintenance and overhaul companies, catering companies, security companies, and airframe and other aerospace manufacturers.

Mark is outside general counsel to the Aviation Emergency Response Organization (AERO), which focuses on informing, educating, sharing and providing a forum for emergency response professionals from all aspects of the aviation industry worldwide, as well as the UAS Insurance Association, comprised of the leading aviation insurers providing insurance coverage to the rapidly growing drone industry. 

Symposiums

In 2006, recognizing that there was virtually no experience base within individual aviation companies concerning emergency response, Mark founded the annual Aviation Symposium to address best practices in the wake of an accident or incident. The program, which draws hundreds of attendees from all segments of the aviation industry, covers NTSB, FAA and criminal investigations; family/survivor matters; civil litigation; employee and union issues; financial and shareholder concerns; and emergency preparedness issues. More than 400 aviation professionals attended the 11th annual symposium, which included a showcase panel of emergency responders and family assistance personnel of Malaysia Airlines, a virtual reality simulation of an airplane crash, and presentations by the chairman of the NTSB and current and former senior staff members and investigators from the NTSB and FAA.

In 2014, Mark founded the annual UAS Symposium to address the growing body of drone laws and regulations. Panels composed of FAA, insurance and industry representatives discussed such topics as FAA appropriation issues, legal and regulatory obstacles in deployment of anti-drone technologies, the Part 107 waiver process, state and local drone laws, buying and selling UAS services, and other contractual, commercial and insurance issues.

Representative Matters

Mark has been involved in the investigation of and/or litigation related to nearly every major airline crash or incident in the past three decades, including:

  • 9-11 Civil Litigation
  • Representation of the FAA Administrator in 9-11 Commission Hearings
  • Arrow Air Disaster at Gander, Newfoundland
  • Air Florida Disaster at Washington, D.C.
  • Alaska Airlines Flight 261, Los Angeles, California
  • Operation “Babylift” – Crash of Lockheed C-5A at Saigon, Vietnam
  • Harduvel v. General Dynamics – Defense of General Dynamics in F-16 Crash
  • Derailment of Ringling Bros. Barnum and Bailey Circus Train
  • Korean Airlines 007 Shoot Down by Soviet Union
  • Southwest Airlines Flight 1248 – Midway Airport Overrun, Chicago, Illinois
  • Payne Stewart Learjet Crash
  • Swissair Flight 111 Crash
  • TWA Flight 514 Crash at Mt. Weather, Virginia
  • Crash of The Galloping Ghost at the 2011 National Championship Air Races at Reno, Nevada
  • TWA Flight 800 Crash
  • United 232 at Sioux City, Iowa
  • US Airways Flight 405 at La Guardia Airport, New York, New York
  • US Airways Flight 427 at Pittsburgh, Pennsylvania
  • US Airways Flight 1016 at Charlotte, North Carolina
  • US Airways Flight 1549: The Miracle on the Hudson River
  • Scaled Composites/Virgin Galactic Spaceship, Mojave, California
  • Representation of Sikorsky Aircraft/UTC in Boyle v. United Technologies (Government Contractor Defense), US Supreme Court and Friendly Fire Litigation, Ninth Circuit Court of Appeals
  • Liability Counsel for Cessna Aircraft, Piper Aircraft and Commander Aircraft in numerous cases throughout the United States
  • Liability Counsel for over 400 airports including Meigs Field, Palwaukee, Charlotte, Dulles, Livermore
  • National Counsel for 3SI Security Systems, Inc. handling all products liability, commercial and employment matters
  • National Liability Counsel for Piper Aircraft Irrevocable Product Trust
  • Empire Airlines Accident in Lubbock, Texas
  • Trans States Airlines Accidents in Ottawa, Canada
  • Counsel for Avantair, Clearwater, Florida in FAA Regulatory and Enforcement Matters
  • Crash of Presidential Airways, CASA 212 aircraft in Afghanistan
  • Colgan Air Crashes near Hyannis, MA and Buffalo, New York
  • National Airlines crash at Bagram Air Base, Afghanistan

Before Fox Rothschild

Mark began his legal career as an attorney with the Federal Aviation Administration's Office of General Counsel. He later worked in the aviation unit of the U.S. Department of Justice before entering private practice in 1985.

He was a founder of the aviation law firm Dombroff & Gilmore, which he led for nearly two decades. He joined an international law firm in 2013 and later led the aviation group at a national firm before joining Fox Rothschild in 2019.

Beyond Fox Rothschild

Mark serves on the Advisory Board of the Conrad Foundation, a nonprofit that honors the legacy of Apollo 12 astronaut Charles "Pete" Conrad by working to combine science- and technology-based education, innovation and entrepreneurship to inspire solutions for achieving global sustainability.