Representative Matters

Representative Expert Witness and Consulting Assignments

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Expert consultation services to the Los Angeles Superior Court Court regarding a $4 million plus fee applications filed by receiver and counsel in Court-supervised receivership, resulting in a final fee award based upon Mr. Mark’s report.

Expert testimony on behalf of defendant client adverse to attorneys regarding the reasonable value of attorney’s services and related billing and ethical issues; two days following Mr. Mark’s deposition, the attorney’s $1.3 million fee claim was reduced to a $60,000 settlement demand and was fully settled the following day on terms counsel described as “extremely favorable” to the defendant client.

Expert testimony on behalf of client in connection with $9 million fee claim by attorneys arising out of multiple underlying litigation matters resulting in arbitration panel voiding the attorney’s fee contract as illegal and after which retaining counsel reported: “Mr. Mark is the smartest ethics expert in California.”

Expert testimony on behalf of defendant attorneys regarding
various ethical and attorneys’ fees issues arising out of an
underlying transactional matter, following which the matter was settled on terms that were confidential but which counsel described as “extremely favorable in large part due to the outstanding expert testimony on behalf of the defendant attorneys.”

Expert testimony in jury trial in New Jersey on behalf of plaintiff attorneys adverse to former partners regarding ethical considerations surrounding law firm dissolution, following which the matter settled confidentially on terms plaintiff’s counsel described as “favorable to plaintiffs.”

Expert testimony on behalf of claimant in connection with a legal malpractice action and claim for refund of attorneys’ fees against attorneys in JAMS arbitration arising out of a bankruptcy court adversary litigation in which claimant had suffered a $16.3 million judgment, after which claimant recovered all damages prayed for in an award citing Mr. Mark’s expert testimony numerous times.

Expert testimony in an arbitration proceeding in Geneva, Switzerland on
behalf of a client regarding California law relative to attorneys’ fees and related ethical issues in connection with a fee dispute arising from an underlying litigation involving a United States’-based international law firm. Following submission of the expert declaration, opposing counsel withdrew their expert and the expert declaration was accepted by the Panel as binding in the case. Said retaining counsel: “[Mr. Mark] truly is an ethics guru.”

Expert witness services on behalf of a client adverse to an attorney regarding trial practice and other malpractice issues arising out of action over payment on a banker’s bond insurance policy.

Expert witness services in connection with dispute between successive attorneys over multi-million-dollar contingent fee recovery, resulting in favorable recovery to attorney’s retaining Mr. Mark.

Expert testimony adverse to an attorney regarding conflict of interest and attorney malpractice issues after which the jury returned a multi-million-dollar verdict against the attorney in the full amount prayed by the client.

Expert testimony regarding ethical issues surrounding defendant law firm’s receipt and possession of money claimed by plaintiff co-counsel, following which the matter settled on confidential terms and as to which counsel stated: “I really do appreciate all your time and effort and please let me know if you ever need a reference.”

Expert testimony on behalf of defendant attorneys in legal
malpractice action arising out of attorneys’ handling of complex trade secret and breach of contract litigation resulting in settlement two weeks later on confidential terms described as “a very good result” that had made the client “quite pleased.”

Expert testimony on behalf of law firm against former client with respect to malpractice claims asserted against the firm in cross-complaint arising out of action by the firm to recover fees, following which the jury awarded 100% of the reasonable value of the fees claimed and a defense verdict on the client’s malpractice claim, and as to which counsel stated: “You make a tremendous witness – knowledgeable, candid, articulate and insightful” and a number of jurors commented in post-trial interviews about the importance of the expert testimony in reaching their verdicts.

Expert testimony behalf of plaintiff attorney regarding the
sufficiency and interpretation of attorney’s engagement letter, issues related to the alleged unconscionability and reasonable value of the fees charged, and related ethical issues, following which the case settled the next morning with the attorney recovering 95% of the claimed fee.

Expert testimony on behalf of attorneys regarding ethics and
attorneys’fees issues arising from underlying trust and property development dispute, after which counsel stated: “Your testimony resonated well with the Panel.” Following a recovery by the attorney of 100% of the disputed fee, counsel stated: “[Mr. Mark’s] efforts bore fruit!”

Successful expert testimony in support for an attorney’s contingent fee following a successful recovery of $2 million in life insurance proceeds following apparent suicide of insured.

Expert consultation in connection with settlement negotiations in mandatory fee arbitration proceeding on behalf of a client adverse to former counsel, which resulted in a settlement described as “extremely favorable” to client.

F.R.Civ.P. Rule 26 witness statement on behalf of insurance company leading to the successful settlement of an attorney’s $l million Cumis fee claim.

Expert consultation on behalf of an advertiser in opposition to an attorney’s claim for refund of fees charged in connection with attorney’s tele-marketing campaign, resulting in attorney abandoning the claim.

Expert witness services to defendant bank in connection with a claim by plaintiff litigant for indemnity and reimbursement of attorneys’fees arising out of a prior civil litigation matter.

Expert consultation to a law firm in re-negotiating a fee agreement with a client in connection with a multi-million-dollar real estate development and related litigation, including contingent and hourly fee components, security against client property and a success bonus, resulting in a successful and ethically modified agreement accepted by both attorney and client.

Expert testimony on behalf of insurance company in dispute with insured regarding fees claimed by attorney retained by insured under reservation of rights, resulting in a settlement that counsel described had “resulted in a substantial reduction in the fees to be paid.”

Expert testimony on behalf of attorney regarding the
reasonableness of attorneys’fees provided in connection with the defense of a corporate employee, as to which the trial court found the expert testimony to be “credible” and awarded $1.2 million in attorneys’ fees and as to which, after the award was upheld on appeal, the attorney stated: “We thank you very much for your excellent service on this case both in your testimony, deposition, and all of your other work.”

Expert testimony regarding the reasonable value of attorneys’ fees following trial of an action involving contract with attorneys’ fees clause; although the fee claim was resolved by the court on choice of law grounds, retaining counsel stated: “Despite the incredible time compression, you generated a high quality work product that (if we had lost on choice of law) probably would have saved hundreds of thousands if not a few million dollars.”

Expert testimony in opposition to a fee application submitted in a probate proceeding, after which counsel reported that the case settled on terms described as “favorable.”

Expert consultation on behalf of attorney regarding the ethical, fiduciary and contractual issues connected with dissolving a two-attorney partnership, as to which the client reported being “extremely pleased” with the outcome.

Expert testimony in support of a fee claim by successful counsel in underlying qui tam action in the United States District Court in Florida.  Arbitration testimony was cited favorably by the Panel in awarding most of the fees being claimed.

Expert testimony in an attorney vs. attorney court trial over the reasonable value of each attorney’s share of a $1.6 million contingent fee obtained in a sports brain injury case, including related ethical issues.  With less than three weeks’ notice and preparation, trial testimony was given on behalf of successor (trial) attorney who had obtained a $3.8 million verdict on behalf the injured plaintiff.  The trial court awarded virtually all of the fees claimed by successor counsel.  Said retaining counsel:  “Thank you very much . . . for your insights and invaluable help on . . . [the] case.  Your services have been very much appreciated!”

Expert testimony by declaration in an action pending in Florida in support of a timeshare exit company filed by timeshare developer including claims of unlawful practice of law and fraud.  The matter thereafter was reported as settled on a confidential basis that retaining counsel characterized as “successful.”

Consulting services in opposition to claim by trust beneficiaries against the manager/attorney of a noted deceased recording artist to void the talent representation agreement between the manager/attorney and the recording artist based upon an allegation of unauthorized practice of law and various alleged ethical violations by the manager/attorney.  Following a mediation report and telephonic participation at the mediation, the case was reported as settled with manager/attorney recovering over $12 million.

Consulting services to attorney regarding ethical requirements for withdrawal from representation of client in a contingent fee personal injury matter.  Retaining counsel reported that withdraw was granted per the motion the attorney based upon the input from the consultation.

Expert witness services and lengthy deposition testimony regarding billing and ethical issues and motion to disqualify retaining counsel on behalf of a party adverse to an opposing attorney in a claim to recover over $1 million in attorneys’ fees based upon an indemnity clause arising out of an underlying business litigation.  The matter was reported as settled “favorably” one week following the deposition testimony.

Expert witness services and testimony on behalf of a client adverse to a former attorney regarding ethical and billing issues in a dispute over the conduct of attorney during prior representation in business matter, after which retaining counsel stated:  “It was an absolute pleasure working with you.”

Expert testimony by declaration in support of $32 million prevailing party fee claim arising out of extensive litigation over a solar power installation and production contract.  The Panel awarded $30+ million to the prevailing party, an amount reduced only due to a ruling affecting the calculation of pre-judgment interest unrelated to the expert testimony.

Expert testimony by declaration provided overnight regarding an alleged conflict of interest due to revelation during a jury trial that adverse counsel was representing both the plaintiff and one of defendant’s employee as witness during trial.  The trial court disqualified opposing counsel based upon the declaration, and a mistrial was declared.  Said retaining counsel:  “Your Declaration was instrumental in the Court ordering disqualification.”

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