Mark Bailen

Mark I. Bailen focuses his practice on media and publishing matters, including libel, privacy, copyrights and trademarks, while also performing complex commercial litigation and international arbitration.

As media and technology have evolved, Mark has transitioned from representing traditional media outlets to also representing clients in the growing fields of the internet and digital media. He represents websites, bloggers and others who publish and disseminate news, information, opinions and ideas.

His involvement with all mediums of publication leaves Mark with a full understanding of the rights and obligations of content publishers. He advises clients on the potential legal issues related to their content and is proactive in developing the appropriate solutions to protect clients in their publishing endeavors.

Mark also litigates complex commercial disputes in federal and state courts across the country, including international litigation matters involving foreign sovereigns.

Experience :

• Represented a nonprofit firm, a major national newspaper and others in a libel suit in New York arising out of the content of an advertisement published in the newspaper and on the internet.
• Represented a publisher in copyright infringement actions in New York and California involving claimed rights in photographs and manuscripts.
• Represented defendants operating a website in a defamation action filed by a publicist who sued over statements made about her on the website stemming from postings on her personal social media page, raising issues of first impression under the First Amendment when one seeks attention and publicity through social media.
• Represented a newspaper in a civil rights action against a governor and state agencies for denying newspapers’ First Amendment rights to comment freely on the governor’s actions.
• Represented a foreign bank in a breach of contract action in New York federal court.
• Litigated a dispute on behalf of a major publishing firm over royalties from sales through foreign distribution outlets.

Memberships :

• Barristers: Washington, D.C.
• International Bar Association

Community :

• International Center for Journalists: Board of Directors
• Boys and Girls Clubs of Greater Washington: Board Member and Former Chair of the D.C. Region

Education :

• J.D., New York University School of Law, 1997
• B.A., Cornell University, 1992

Admissions :

• U.S. Court of Appeals, Fourth Circuit, 2015
• U.S. Court of Appeals, Second Circuit, 2012
• U.S. Court of Appeals, District of Columbia Circuit, 2005
• U.S. District Court, District of Massachusetts, 2010
• District of Columbia, 1998
• New York, 2011