Mark E. McDonald’s practice focuses on complex commercial litigation and arbitration, including in disputes involving mergers and acquisitions, securities, and financial institutions.

Mark has extensive experience representing international and domestic clients in the health care, banking, real estate, and commodities industries in state and federal courts, as well as in international arbitration and enforcement matters. Among other recent achievements for clients, Mark was on teams that obtained a favorable settlement of a merger litigation on the eve of trial and a complete victory in the Third Circuit in a bankruptcy case with significant implications for the U.S. oil industry. He also maintains an active pro bono practice, including working on two separate teams that each achieved a six-figure settlement on behalf of an individual client with the United States government based on alleged misconduct by Immigration and Customs Enforcement agents.

Mark joined the firm in 2011.

Selected Activities

  • Notes Editor, Law Review, New York University School of Law

Publications

“Recent Delaware Opinions Shake Up Appraisal Litigation” (with Meredith Kotler and Vanessa Richardson), Law360, August 11, 2017

Delaware Supreme Court Declines To Establish A Presumption In Favor Of Deal Price In Appraisal Actions—Or Did It? (with Meredith Kotler and Vanessa Richardson), August 8, 2017

Chancery Finds Fair Value To Be Less Than Half Merger Price (with Meredith Kotler and Vanessa Richardson), August 1, 2017 (republished in the Harvard Law School Forum on Corporate Governance and Financial Regulation on August 14, 2017)

Chancery Court Suggests that Rights Offerings May Limit Liability in Transactions with Controlling Stockholders (with Meredith Kotler), June 7, 2017 (republished in the Harvard Law School Forum on Corporate Governance and Financial Regulation on June 16, 2017)

Acting SEC Chair’s Steps to Centralize the Process of Issuing Formal Orders—Are Commentators Drawing the Right Lessons? (with Matthew Solomon, Lisa Vicens, and Alexander Janghorbani), February 28, 2017 (republished in the Harvard Law School Forum on Corporate Governance and Financial Regulation on March 13, 2017)

Chancery Court Invalidates Bylaw Purporting to Shift Litigation Expenses onto Stockholders Who Violate a Valid Forum-Selection Bylaw (with Meredith Kotler), January 9, 2017

Chancery Court Rejects Disclosure-Only Settlement, Suggests in Future Such Settlements Will Be Approved Only in Narrow Circumstances (with Meredith Kotler), January 25, 2016

“‘Conflict-of-Interest Fraud’ after Skilling,” Criminal Law Journal, Spring 2011