Partner | San Francisco
mmcpherson@mofo.com | (212) 468-8263 mmcpherson@mofo.com“ I want my clients to say that I’m as careful a counselor to them as I am fierce an advocate for them.
For more than 20 years, Mark David has represented companies and individuals in their most difficult and complex legal disputes. He has served as a trusted advisor as companies and individuals navigate regulatory or internal investigations, and he has advocated for his clients in high-stakes litigation—including numerous trials and appeals. While Mark David’s subject matter expertise includes state and federal securities laws, federal transportation law, RICO, the Alien Tort Statute, the Foreign Sovereign Immunities Act, and deceptive practices statutes, his focus has turned most recently to cases or investigations involving data security incidents and privacy laws.
Mark David has an active pro bono practice, particularly focused on immigration rights. He has helped two refugees obtain asylum in the US, won a Second Circuit appeal saving an immigrant from removal proceedings, and submitted amicus briefs to federal appeals courts (including the Supreme Court) on behalf of immigrant rights’ groups in several high-profile cases.
Show MoreRepresents Target in multi-district consumer class action litigation stemming from the data security breach Target announced in 2013.
Won two trial victories for PPL Corporation in federal court preemption challenges to the constitutionality of state energy regulatory programs.
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.
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.
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.
(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.
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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