Mark T. Drooks

Successfully quashed service on a national law firm in a case alleging aiding and abetting of securities fraud, breach of fiduciary duty, and professional negligence in connection with a purported billion-dollar Ponzi scheme.

Obtained a complete defense victory for brokerage firm in a FINRA arbitration involving more than $40 million dollars in alleged damages. Although motions to dismiss are rarely granted in FINRA arbitrations, the three-arbitrator Panel unanimously granted Bird Marella’s motion to dismiss the case at the close of the claimant’s evidence.

Defended at trial one of the nation’s largest homebuilders in federal court litigation and arbitration arising out of $500 million land acquisition and financing transaction.

Established at trial, on behalf of a departing law firm principal, the lawyer’s right to share of law firm accounts receivables. The decision was affirmed on appeal.

Represented at trial a partnership comprised of doctors in dispute over ownership interest in a hospital. Prevailed in first phase of bifurcated trial, resulting in a favorable settlement.

Represented publicly traded company through final arbitration hearing in a multi-million dollar accounting malpractice case.

Obtained summary judgment on behalf of national law firm accused of negligence and misrepresentation in connection with issuance of opinion letters in a loan transaction. Secured affirmance of the decision before the Ninth Circuit Court of Appeals.

Successfully obtained dismissal with prejudice on behalf of two British agencies that regulate the practice of law in the United Kingdom against broad-ranging RICO, defamation, and other claims brought by two disbarred British solicitors in federal court. The decision was affirmed on appeal and followed by a memorandum decision by the Ninth Circuit Court of Appeals, completing an appellate sweep.

Successfully moved a federal district court to dismiss the complaint filed against an international law firm in a putative class action arising out of a tax shelter investment.

Obtained final approval of a class action settlement on behalf of a major multinational nutritional and personal care product corporation, defeating objections made collectively by several class members, as well as a motion for reconsideration brought by these same objectors.

Defended a multinational cell phone manufacturer in a putative class action involving product liability allegations. Successfully enforced arbitration clause and class action waiver, leading to favorable resolution of the individual claim.

Represented the special litigation committee of a Fortune 500 semiconductor company in resolution of a derivative action for stock options backdating claims.

Represented co-president and COO of a large, publicly traded health care company in government investigations arising out of alleged submission of false claims for government reimbursement and related securities claims. Litigated and eventually reached a favorable settlement of securities class action and shareholder derivative litigation.

Defended a national law firm in a malicious prosecution lawsuit arising from a copyright infringement matter. Obtained dismissal of all claims and award of attorney’s fees on anti-SLAPP motion; dismissal was upheld on appeal.

Represented the special litigation committee of a hospital chain in class action arising out of a going private transaction.

Served as lead counsel for a major on-line brokerage firm in more than a hundred binding arbitrations before the NASD and FINRA.

Represented multinational law firms in claims arising out of their representation of clients in securities matters.

Represented individuals at trial in action against a bank over forged check endorsements, reaching favorable settlement before case went to jury.

• Co-Author, “’Isn’t that Special: The Limited Powers of Special Masters,” California Litigation, Vol. 34, No. 3, 2021
• Co-Author, “Showing Lack of Probable Cause: Plaintiff’s Burden of Proof in Opposing an Anti-SLAPP Motion Attacking a Malicious Prosecution Claim,” The Journal of the Litigation Section of the California Lawyers Association, July 2020
• Co-Author, “Calif. Ruling Dings Engagement Letter Arbitration Clauses,” Law360, November 26, 2018
• Interviewee, “Rainmaker Q&A: Bird Marella’s Mark Drooks,” Law360, August 2016
• Co-Author, “Judicial Discretion Advised: A Critique of California’s Per Se Disqualification Rule in Concurrent Representation Cases,” California Litigation, November 2013
• Co-Author, “Summary of Online Brokerage Awards in Internet Trading,” 1996-2001, presented at the Fifth Annual National Institute on Securities Trading on the Internet, New York, New York. September 2001
• Author, “Environmental Liability, Concurrent Causation and Insurance Coverage: Some Practical Experience,” Mealey’s Litigation Reports, December 1, 1993
• Co-Author: “Preserving Confidentiality in Corporate Internal Investigations,” Corporate Criminal Liability Reporter, Vol. 1, No. 2, Spring, 1987
• Author, “Amending the Federal Tort Claims Act,” 17 Harvard J. Legis. 357, 1980