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 has worked on two separate pro bono 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.
- Notes Editor, Law Review, New York University School of Law
Delaware Supreme Court’s Dell Decision Further Reduces Appraisal Risks for Buyers (with Victor Lewkow and Meredith Kotler), December 18, 2017 (republished in the Harvard Law School Forum on Corporate Governance and Financial Regulation on December 19, 2017)
“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 and in Transaction Advisors in October 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