Mark David McPherson

Partner

New York, (212) 468-8263

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Education

University of Texas (B.A., 1994)
;
University of Iowa College of Law (J.D., 1997)

Practices

Class Actions

Financial Services Litigation

Securities Litigation, Enforcement + White-Collar Defense

Bar Admissions

New York

Mark David McPherson is a general litigator who specializes in representing companies and individuals in the most difficult and complex cases. His cases — in trial and appellate courts in state and federal jurisdictions throughout the country — have involved claims and defenses based on federal transportation law, federal and state securities laws, RICO, federal civil rights laws, the Alien Tort Statute, the Computer Fraud and Abuse Act, the Class Action Fairness Act, the Foreign Sovereign Immunities Act, and various states’ deceptive practices statutes.

Mr. McPherson also has considerable experience representing companies and individuals in investigations (both regulatory and internal). His investigations have ranged from those conducted by the U.S. Securities and Exchange Commission, the New York Attorney General, the Connecticut Attorney General, the Ontario Securities Commission, as well as audit committees and companies.

Mr. McPherson earned his J.D. (with high distinction) from the University of Iowa College of Law (with high honors), where he was a member of the Iowa Law Review and the National Moot Court Team, and was elected to the Order of Coif.

In re South African Apartheid Litig.

No. 02 MDL 1499 (SAS) (S.D.N.Y.) Dismissal of Fujitsu Ltd. from litigation asserting claims under Alien Tort Statute against more than 80 multi-national companies.

In re Merrill Lynch Auction Rate Securities Litig.

2011 WL 536437 (S.D.N.Y. Feb. 9, 2011) Dismissal of McGraw-Hill Companies, Inc. from case challenging Standard & Poor’s ratings of auction rate securities (appeal pending).

Licci v. American Express Bank
Affirmed Licci ex rel. Licci v. Lebanese Canadian Bank, SAL

704 F. Supp. 2d 403 (S.D.N.Y. 2010), 10-1306-CV, 2012 WL 688529 (2d Cir. Mar. 5, 2012) Dismissal of bank alleged to have aided and abetted Hezbollah by processing wire transfers from respondent bank in Lebanon.

Huang v. Advanced Battery Technologies, Inc.

2010 WL 2143669 (S.D.N.Y. May 26, 2010) Dismissal of foreign battery manufacturer on forum non conveniens grounds.

Weinstein v. Applebaum

193 F. Supp. 2d 774 (S.D.N.Y. 2002) Dismissal of securities fraud claims against on-line retailer.

Pinto v. JP Morgan Chase & Co.

(N.Y. Supreme Court, New York County, Index No. 603193/02) Dismissal of credit card issuing bank in class action alleging that bank aided and abetted unlawful internet gambling by processing transactions.

Stone v. UPS

(United States District Court, Eastern District of New York, No. 05-CV-2736) Summary judgment dismissing civil rights claims against UPS.

Estate of Ungar v. The Palestinian Pension Fund for the State Administrative Employees of the Gaza Strip

(N.Y. Supreme Court, New York County, Index. No. 102101/06) Successfully preserved all of Pension Fund’s NY-based assets from plaintiffs’ efforts to seize assets in satisfaction of judgment against the Palestinian Authority.

Rowe v. New Hampshire Motor Transp. Assoc.

552 U.S. 364 (2008) Invalidating NH law restricting common carriers’ delivery services.

In re EVIC Class Action Litig.

2002 WL 1766554 (S.D.N.Y. July 31, 2002) Favorable settlement for common carrier in class action challenging carrier’s “excess value insurance coverage” program offered as part of package delivery services.

Berghuis v. Smith

130 U.S. 1382 (2010) (Considering constitutional challenge to jury venire).

Camreta v. Greene

131 S.Ct. 2020 (2011) (Fourth Amendment rights of students).