Biography

Mark is a highly experienced trial lawyer who regularly tries cases to juries, judges and arbitration panels. He uses this experience to assist clients with avoiding disputes and resolving them in a cost effective way. 

Mark's practice spans a wide range of litigation and counsel on matters of business, intellectual property, corporate disputes, construction, environmental issues, unfair or deceptive trade practices, contracts, fiduciary duty, breach of covenant of good faith and fair dealing, trade secret protection and employment matters. His successes extend to obtaining summary judgments in North Carolina state and federal courts.

Mark has presented on topics as far ranging as ethical issues for in-house counsel dealing with e-discovery to practice before the North Carolina Business Court. He also seeks additional opportunities to serve as efficient local counsel to out of state barristers, solicitors and attorneys in matters pending in Business Court, United States District Court and North Carolina Superior Court.

Reported Cases

  • Finkel et al. v. Palm Park, Inc. et al., 17 CVS 14515 (October 24, 2018)(North Carolina Business Court)(Advanced claims and avoided dismissal under Rules 12(b)(1) and 12(b)(6) of claims for breach of fiduciary duty, dissolution, sale to LLC Member in lieu of dissolution and action for company information in a minority interest freeze out case)
  • Graves v. DJF Builders, Inc., 16 CVS 014231 (Jury Trial before Business Court Judge Gregory P. McGuire, Wake County, November 2017) (Obtain a dismissal of all claims in an action for Declaratory Judgment, Trespass, Negligence and Nuisance)
  • Public Works Commission of the City of Fayetteville v. City of Fayetteville, 14 CVS 7782 (Cumberland County, May 23, 2016) (represent Commission and Commissioners in a declaratory judgment and breach of fiduciary duty action regarding authority over a utility operation with over one billion dollars in assets and a $350 million budget)
  • Kirkbride v. Piazza, ___ N.C.App. ____(April 5, 2016) (represent director of startup technology company in a North Carolina Securities Act and Unfair Trade Practices Act appeal after obtaining summary judgment for another director who was also the company’s lawyer)
  • Sopko Individually and Derivatively on Behalf of Stancill and Sopko, PA v. Stancill (2015 NCBC 14 – North Carolina Business Court 2015) (Breach of fiduciary duty and business tort case)
  • Lonesource, Inc. v. United Stationers Co.,2013 WL 1309290 (EDNC 2013) (Summary Judgment in a fraud, breach of contract, G.S. 75-1.1 unfair trade practice, tortious interference with contract and declaratory judgment case)
  • Lonesource, Inc. v. United Stationers Supply Co., 2012 U.S. Dist. LEXIS 100349 (EDNC 2012) (Distributor/wholesaler dispute)
  • Laster v. Francis, 199 N.C. App. 572, 681 S.E. 2d 858 (2009) (Real Property and Fiduciary Duty Case)
  • State ex rel. Cooper v. State Properties, LLC, 2009 N.C. App. Lexis 2010 (Feb 17, 2009) (Regulatory Appeal)
  • UAW-GM Center For Human Resources V. Workplace Benefits, LLC, 2008 U.S. Dist. LEXIS 7521; 2008 WL 283728 (E.D. MI. 2008) (Benefits contract dispute)
  • Mineo & Crouse, PLLC v. Mineo, 189 N.C. App 232, 658 S.E. 2d 33 (2008) (Limited Liability Company Governance and Breach of Fiduciary duty case)
  • WMS, Inc. v. Alltel Corp, 185 N.C.App 86, 647 S.E.2d 623(2007) (Arbitrability of affirmative defenses in an Unfair Business Practice case)
  • WMS, Inc. v. Weaver, 183 N.C. APP. 295, 644 S.E.2d 567 (2007) (Fees and costs in an Unfair Business Practices case)
  • Kroger Limited Partnership v. Guastello, 177 N.C. App. 386, 628 S.E.2d 841 (2006) (bench trial of commercial lease dispute)
  • Tejal Vyas, LLC v. Carriage Park Limited Partnership, 359 N.C. 315, 608 S.E.2d 751 (2005) (Jurisdictional dispute in a business fraud case)
  • WMS, Inc. v. Weaver, 166 N.C. App. 352, 602 S.E.2d 706 (2004), cert. denied 359 N.C. 197, 602 S.2d 706 (2004) (arbitration prosecution of multimillion dollar breach of the covenant of good faith and fair dealing and unfair trade practices case)
  • Lighthouse Car Wash Systems, LLC v. Illuminator Building Co., LLC, 2004 WL 2750251 (S.D. Ind. 2004) (defense of patent infringement action)
  • Emergency One, Inc. v. American Fire Eagle Engine Co., 332 F.3d 264 (4th Cir. 2003) (jury trial representation of defendant/counter claimant in a trademark infringement action)
  • State Properties, LLC v. Ray, 155 N.C. App. 65, 574 S.E.2d 180 (2002) (jury trial prosecution of fraud and unfair trade practices in commercial real property transaction case)
  • Clayton v. Stephens, 6 F.Supp.2d 480 (E.D.N.C. 1996) (defense of RICO, RCRA, negligence, tortious interference with contract, fraud, breach of contract, and unfair trade practices case)
  • Crown Cork & Seal Co., v. Dockery, 907 F.Supp. 147 (M.D.N.C. 1995) (defense of CERCLA action)
  • Horsehead Resource Development Co. v. Browner, 16 F.3d 1246 (D.C. Cir. 1994) (administrative review of Environmental Protection Agency Regulations)
  • Barr-Mullen, Inc. v. Browning, 108 N.C. App. 590, 424 S.E.2d 226 (1993) (prosecution of Trade Secret Protection Act action obtaining injunctive relief)
  • Ellis v. Northern Star, Co., 326 N.C. 219, 388 S.E.2d 127 (1990) (jury trial prosecution of business defamation and unfair or deceptive trade practices action)
  • Bolton Corp. v. T.A. Loving Co., 94 N.C. App. 392, 380 S.E.2d 796 (1989) (jury trial representation of HVAC contractor for delay and disruption caused by general contractor)

Before Fox Rothschild

Mark was a partner at Smith Moore Leatherwood LLP, which merged with Fox Rothschild in 2018. In 2015, he was President of the Tenth Judicial District Bar which included over 5000 lawyers in Wake County, Raleigh, Cary and parts of Research Triangle Park. He is an executive committee member and former President of the Chief Justice Susie M. Sharp Inn of Court.

Beyond Fox Rothschild

Mark is a Certified Superior Court Mediator with the North Carolina Dispute Resolution Commission and serves on the Mediation Panel of the U.S. District Court for the Eastern District of North Carolina. He was formerly registered as an arbitrator and neutral for the American Arbitration Association (AAA) and National Association of Securities Dealers (NASD),

Mark is a state certified judicial campaign treasurer and served on the faculty of the National Institute for Trial Advocacy.   He recently stepped down as Secretary to the Outreach Committee of Christ Church. He measures his marriage to Lisa (Wake Forest Law Review class of 1988) in “Dog Lives” – they are on their third mischievous Golden Retriever (who have helped them raise two kind and mischievous children). 

Honors & Awards

  • North Carolina Pro Bono Honor Society 2017
  • The Best Lawyers in America (Woodward/White, Inc.), Commercial Litigation (2015-2019)
  • North Carolina Super Lawyers, Business Litigation (2007, 2009-2019)
  • Super Lawyers Business Edition, Business Litigation (2013-2015)
  • Martindale-Hubbell's top (AV) Peer Review Rating
  • Listed, Who's Who in American Law and Who's Who in the South and Southeast
  • Fellow, Litigation Counsel of America
  • Fellow, American Bar Foundation