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Mark A. Perry

 
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Mark A. PerryMark A. Perry
Partner
T: +1 202.887.3667
F: +1 202.530.9696
1050 Connecticut Avenue, N.W.
Washington, DC 20036-5306
USA

Mark A. Perry is a litigation partner in the Washington, D.C. office of Gibson, Dunn & Crutcher LLP.  His practice focuses on complex commercial litigation at both the trial and appellate levels. 

Mr. Perry is an accomplished appellate lawyer who has briefed and argued many cases in the Supreme Court of the United States and the federal courts of appeals.  He has served as chief appellate counsel to Fortune 100 companies in significant securities, employment, and patent appeals (partial list below).  He has also played a principal role in appellate litigation involving a wide range of legal issues, including federal preemption and other constitutional constraints on the exercise of government power.

Mr. Perry also appears frequently in federal district courts around the country, serving both as lead counsel and as legal strategist in complex commercial cases.  He has considerable experience in matters involving removal jurisdiction, transfer and MDL proceedings, federal-state coordination, and other questions of complex civil procedure.

Mr. Perry regularly represents clients in class actions—an area of procedural expertise that cuts across a wide swath of commercial litigation, both in the trial courts and (increasingly) on appeal.  He serves as an Adjunct Professor of Law at Georgetown University Law Center, where he teaches the upper-level course in Class Action Law and Practice. 

Mr. Perry has been named one of the Best Lawyers in America® 2013 in the fields of appellate litigation and securities and capital markets law, is recommended by Benchmark Litigation 2012 for both appellate and general commercial litigation, and has been ranked for three consecutive years (2012-2014) in the National Appellate category by Chambers USA, which noted that “[h]e is particularly recommended for his experience in class-action cases.”  Mr. Perry has been named an Appellate MVP by Law 360 and listed as an Appellate Litigation Star by Benchmark Appellate.  Mr. Perry has been selected as one of the 2011 Lawdragon 500 Leading Lawyers in America and has also been recognized by publications such as Super Lawyers and The Legal 500, and his briefs, arguments and victories have been applauded in the national press.

Representative Matters

  • Caraco Pharmaceuticals v. Novo Nordisk (U.S. pending):  The Supreme Court is reviewing the Federal Circuit’s ruling that the Hatch-Waxman Act's counterclaim provision does not authorize an order requiring the correction of Orange Book use code narratives.
  • Janus Capital Group Inc. v. First Derivative Traders (U.S. 2011):  The Supreme Court ruled that only the person or entity with ultimate responsibility for a statement can be primarily liable in a securities class action.
  • Spano v. The Boeing Co. (7th Cir. 2011):  The Court vacated an order certifying the largest class action ever certified under ERISA.
  • Cardiac Pacemakers v. St. Jude Medical (Fed. Cir. en banc 2009):  The en banc Court agreed with our position that 35 U.S.C. § 271(f), which prohibits certain acts of inducing extraterritorial infringement, does not apply to method or process claims. 
  • Hohider v. United Parcel Service: (3d Cir. 2009):  The Court vacated an order certifying the largest class action brought under the Americans with Disabilities Act.
  • Garcia v. Vanguard Car Rental (11th Cir. 2008):  The Court sustained, against Commerce Clause challenge, the constitutionality of a federal statute preempting state tort liability for vehicle lessors.
  • Bates v. United Parcel Service (9th Cir. en banc 2007):  The en banc Court clarified the standards for the business necessity defense and other issues in one of the few employment class actions tried to judgment under Americans with Disabilities Act, vacating virtually all of the district court’s adverse rulings. 
  • Kircher v. Putnam Funds Trust (7th Cir. 2005), rev’d (U.S. 2006):  The Seventh Circuit adopted an expansive view of federal preclusion under SLUSA that was expressly adopted by the Supreme Court in Dabit v. Merrill Lynch (2006), although the Seventh Circuit’s ruling itself was vacated on jurisdictional grounds.
  • Grunwald v. CSFB (9th Cir. 2005) and Jevne v. Superior Court (Cal. 2005):  The appellate courts unanimously agreed that contrary state laws were preempted by NASD’s arbitration rules.  See also NASD v. Judicial Council (9th Cir. 2008).

Recent Publications

  • Due Process Limitations on Aggregating Claims Under State Law, Bloomberg BNA's Class Action Litigation Report (September 2012).
  • Challenging the Presumption of Reliance on Class Certification after Halliburton and Wal-Mart, Wall Street Lawyer, Vol. 15, Issue 8 (August 2011) (with Blaine Evanson).
  • The Supreme Court Articulates a “Clear Rule” for Identifying Proper Securities-Fraud Defendants, Insights, Volume 15, No. 7 (July 2011) (with Scott Martin).
  • RICO’s Lessons for Loss Causation, Wall Street Lawyer Vol. 14, Issue 3 (March 2010).
  • Rule 23(b)(2) Certification of Employment Class Actions: A Return to First Principles, 65 NYU Ann. Surv. Am. L. 681 (2010) (with Rachel S. Brass).
  • SLUSA Precludes ‘Actions,’ Not Claims, Mealey’s Emerging Securities Litigation Reporter, Vol. 7, No. 9 (March 2009) (with Indraneel Sur).
  • The Inapplicability of Rule 23(b)(1) to ERISA Class Actions, BNA Workplace Law Report, Vol. 6, No. 47 (December 2008) (with Paul Blankenstein).
  • The Impropriety of Amendment Following Dismissal in Federal Securities Cases, BNA Securities Regulation & Law Report, Vol. 40, No. 25 (June 2008).
  • Stoneridge and the Continued Reconceptualization of Implied Private Rights of Action, Wall Street Lawyer Vol. 12, Issue 2 (February 2008).

Background

Before joining the Firm, Mr. Perry served as a law clerk to Justice Sandra Day O’Connor of the Supreme Court of the United States, and to Judge Alex Kozinski of the United States Court of Appeals for the Ninth Circuit.  He also worked as an attorney in the Office of the Solicitor General of the United States.

At Gibson Dunn, Mr. Perry is co-chair of the Life Sciences Practice Group.  He has served on the firm-wide Executive, Associate, Compensation, Diversity, Hiring, and Professional Development Committees, and has been Partner-in-Charge of the Washington, D.C. office.  He practiced in the Firm’s San Francisco office full-time from 2000-2002 and part-time since then.

Mr. Perry’s pro bono clients include the AppleTree Institute for Education Innovation, a nonprofit devoted to helping young children learn to read in the charter school environment.

Mr. Perry earned his law degree with high honors from the University of Chicago Law School in 1991, where he served as Executive Editor of the Law Review.  His undergraduate degree was conferred by the University of California at Berkeley.  He is a member of the Bars of the State of California and the District of Columbia, and he has been admitted to practice before the Supreme Court of the United States, the United States Courts of Appeals for the Third, Fourth, Fifth, Seventh, Eighth, Ninth, Tenth, District of Columbia, and Federal Circuits, the United States District Courts for the District of Columbia and the Northern, Central, and Southern Districts of California, and the United States Court of Federal Claims.

When Mr. Perry is not working, he spends as much time as possible with his wife Adele and their children Susannah, Thomas, and Eloise (Kick).  And he dreams of someday opening a little restaurant in the Blue Ridge mountains.
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