Mr. Mark E. McGrath is a partner in the Business Trial Practice Group and the Intellectual Property Practice Group in the firm’s New York office. He is also Co-Chairperson for the firm’s Electronic Discovery Group. Mr. McGrath litigates commercial, business, intellectual property, construction, and real estate claims. Mr. McGrath also advises clients on transactional matters and negotiates and drafts agreements for a wide variety of clients.
In the commercial and complex business litigation arena, Mr. McGrath has particular experience in the areas of breach of contract, fraud and other business torts, Truth-in-Lending and other consumer claims, putative class actions and collective actions, securities litigation, corporate trust litigation, internal investigations, director and officer liability, bankruptcy litigation, and distribution and regulatory actions.
As the result of his substantial experience investigating and litigating cases, Mr. McGrath frequently advises clients on transactional matters in order to attempt to avoid litigation. Mr. McGrath’s experience in intellectual property matters has focused on litigating patent, trademark, false advertising, and unfair competition cases.
He also manages IP portfolios and advises clients on advertising claims and substantiation issues. Mr. McGrath counsels clients on transactional matters relating to IP issues and frequently drafts transactional documents for clients. In addition, Mr. McGrath counsels brewers on regulatory and distribution issues. Within the construction arena, Mr. McGrath represents owners, contractors, and construction-material suppliers in various contexts. He negotiates and drafts contracts for commercial and residential projects.
Mr. McGrath also litigates, arbitrates, and mediates disputes relating to construction projects, including disputes relating to construction defects, product liability claims, scope-of-work related claims, mechanic’s lien claims, delay and disruption claims, and architect liability. Mr. McGrath has litigated and negotiated a number of disputes relating to real property, including claims relating to tenant actions, landlord liability, covenants in leases, and evictions.
- J.D., Fordham University School of Law, 1999, Editor-in-Chief, Fordham Intellectual Property, Media & Entertainment Law Journal, 1998-99
- B.A., University of Notre Dame, 1994
- New York
- United States Court of Appeals – Second Circuit
- United States Court of Appeals – Federal Circuit
- United States District Court for the Southern District of New York
- United States District Court for the Eastern District of New York
- United States District Court for the Western District of New York
- United States District Court for the District of Connecticut
- Part of a litigation team that won a four-month jury trial for an established Japan-based trading company that was alleged to have violated the antitrust laws. The jury deliberated for just five hours before returning a unanimous verdict.
- Represented a Fortune 500 company against a purchaser of products. Obtained a favorable settlement before discovery commenced.
- Won summary judgment on behalf of an indenture trustee in a case involving breach of contract. The trustee recovered a substantial portion of its legal fees in a negotiated settlement.
- Represented an auto finance company in a putative class action relating to repossession of vehicles. The action was resolved favorably before responding to the Complaint.
- Represented one of the defendants in a putative class action alleging misleading disclosures relating to automobile sales contracts. The action was resolved favorably before class certification.
- Represented a lender in a litigation against a borrower during which the court granted the lender’s ex parte application for an order of attachment.
- Defended an indenture trustee in a suit by a former collateral manager of a fund against its issuers and trustee. After discovery, negotiated settlement which required no monetary payment by the trustee.
- Obtained a pre-complaint settlement from the directors of a retail company as special litigation counsel to the Post-Effective Committee of Unsecured Creditors, which increased the creditor recovery ten-fold.
- Represented the Official Committee of Unsecured Creditors of a satellite company in the investigation of claims against the non-debtor parent company and the debtors’ former officers and directors.
- Represented an ad hoc committee of bondholders in a dispute with the issuer over the payment of a make-whole premium. The matter was resolved favorably for the bondholders before evidentiary hearings commenced.
- Represented the owner in an arbitration with the general contractor regarding the terms of the contract, change order disputes, mechanic’s liens, and termination issues. The matter was resolved after the hearings.
- Negotiated a resolution to a dispute between an owner and architect regarding termination and fee-related issues. The owner was able to settle the matter quickly and favorably without the need to commence litigation.
- Represented the general partner in a real estate fund in response to inquiries and demands from a limited partner, including allegations relating to delayed construction projects. Negotiated a resolution that permitted both parties to avoid litigation.
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