Mark’s background includes a broad array of multijurisdictional and complex commercial disputes, including class action litigation. He has practiced before state and federal courts, as well as in arbitration actions, and he has been involved in all aspects of litigation—from pretrial discovery and motion practice to trial advocacy and appellate practice. He regularly represents plans, their sponsors, and insurance companies before federal and state regulatory agencies. As a litigator, he has successfully defended plan trustees and plan sponsors in federal court against breach of fiduciary duty and prohibited transaction claims brought by the Department of Labor and plan participants and beneficiaries. These claims involved complex commercial real estate developments, stock option and stock repurchase programs, and multiple employer welfare arrangements. He has also successfully defended plans and their fiduciaries in benefit claim disputes in both trial and appellate courts, and he has successfully defended employers against claims arising under the Americans with Disability Act. In addition, Mark regularly counsels plans, plan trustees, and plan sponsors as to their fiduciary obligations under ERISA. These include duties attendant to plan investments and transactions, as well as the requirements of federal and state health care laws, including Medicare Part D, HIPAA, COBRA, and the Age Discrimination in Employment Act. Mark serves as a member of the firm’s Executive Committee. Previous Experience Investigator with the Department of Labor’s Employee Benefits Security Administration Professional Affiliations Vice Chair, Employee Benefits Committee, Bar Association of the District of Columbia Co-Chair, Subcommittee on Welfare Plan Litigation, Employee Benefits Committee, American Bar Association Honors & Distinctions Leading Lawyer, The Legal 500 US, ERISA litigation (2016, 2017, 2019) Listed, The Legal 500 US, Employee Benefits and Executive Compensation (2013) Listed, The Legal 500 US, Healthcare (2012, 2014) Chapter Editor, Employee Benefits Law
Publications Employers Get Bit: Flurry of Class Action Lawsuits Allege Deficiencies in COBRA Election Notices COVID-19 ResourceMay 26, 2020
Publications Texas, et. al., v. U.S. (ACA Constitutionality Challenge) Groom Benefits BriefSeptember 26, 2019
Publications Senate HELP Committee Releases Sweeping Legislative Package Targeting Health Care Costs Groom Benefits BriefJune 18, 2019
Publications Federal District Court Vacates Key Provisions of DOL’s Association Health Plan Rule Health Services Litigation AlertApril 1, 2019
Publications Massachusetts and New Jersey Enact State-Level Health Coverage Mandates Groom Benefits BriefSeptember 10, 2018
Publications The Departments Release Final Rule Aimed at Expanding Short-Term, Limited-Duration Insurance Coverage Groom Benefits BriefAugust 21, 2018
Publications White House Takes Steps to Modify Healthcare Rules and Stop CSR Funding October 16, 2017