Mark David McPherson

Mark David McPherson

Education

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

Bar Admissions

New York
California

Mark David McPherson represents companies in their most difficult and complex cases. He has handled cases involving privacy and data breaches, securities claims, federal transportation law, RICO, the Alien Tort Statute, 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 included those conducted by the U.S. Securities and Exchange Commission, state attorneys general, as well as companies’ audit committees.

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

Target Data Breach Class Action Litigation.
Represents Target in multi-district consumer class action litigation stemming from the data security breach Target announced in 2013.
PPL EnergyPlus v. Nazarian (D. Md. 2013) and PPL EnergyPlus v. Solomon (D. N.J. 2013).
Won two trial victories for PPL Corporation in federal court preemption challenges to the constitutionality of state energy regulatory programs.
In re South African Apartheid Litig.
No. 02 MDL 1499 (SAS) (S.D.N.Y.). Won 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). Won dismissal of McGraw-Hill Companies, Inc. from case challenging Standard & Poor’s ratings of auction rate securities.
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). Won dismissal of claims against bank alleged to have aided and abetted Hezbollah by processing wire transfers from respondent bank in Lebanon.
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.
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.
Target Data Breach Class Action Litigation.
Represents Target in multi-district consumer class action litigation stemming from the data security breach Target announced in 2013.
PPL EnergyPlus v. Nazarian (D. Md. 2013) and PPL EnergyPlus v. Solomon (D. N.J. 2013).
Won two trial victories for PPL Corporation in federal court preemption challenges to the constitutionality of state energy regulatory programs.
In re South African Apartheid Litig.
No. 02 MDL 1499 (SAS) (S.D.N.Y.). Won 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). Won dismissal of McGraw-Hill Companies, Inc. from case challenging Standard & Poor’s ratings of auction rate securities.
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). Won dismissal of claims against bank alleged to have aided and abetted Hezbollah by processing wire transfers from respondent bank in Lebanon.
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.
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.

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