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Mark A. Perry

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

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.  He is a member of the firm’s Appellate and Constitutional Law, Class Actions, Intellectual Property, Labor and Employment, Life Sciences, and Securities Litigation practice groups.

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 intellectual property cases.  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 special expertise in class actions, as well as matters involving removal jurisdiction, transfer and MDL proceedings, federal-state coordination, and other questions of complex civil procedure.  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 recognized by Best Lawyers in America® in the fields of Appellate Practice and Securities / Capital Markets Law, named an Appellate Litigation Star and a National Litigation Star by Benchmark Litigation, identified in the Appellate category by Super Lawyers, and ranked 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 selected as one of the Lawdragon 500 Leading Lawyers in America, named an Appellate MVP by Law360, and identified as a Litigator of the Week by the American Lawyer.  He is also a Fellow of the Litigation Counsel of America.

Representative Matters

  • Barraford v. T&N Ltd., No. 14-1281 (1st Cir. pending) (statute of limitations for asbestos actions following bankruptcy).

  • Cohen v. UBS Financial Services, Inc., No. 14-0781 (2d Cir. pending) (enforceability of arbitration and class waiver provisions).

  • Marlo v. United Parcel Service, Inc., No. 12-57170 (9th Cir. pending) (punitive damages for retaliatory discharge under California law).

  • ePlus, Inc. v. Lawson Software, Inc., 760 F.3d 1350 (Fed. Cir. 2014) (preclusive effect in pending infringement litigation of PTO invalidation of patent).

  • Alice Corp. v. CLS Bank Int’l, 134 S. Ct. 2347 (2014) (patent eligibility of computer implemented business methods).

  • Petrella v. Metro-Goldwyn Mayer, Inc., 134 S. Ct. 1962 (2014) (laches defense under the Copyright Act).

  • Lawson v. FMR LLC, 134 S. Ct. 1158 (2014) (applicability of Sarbanes-Oxley whistleblower provisions to employees of private companies).

  • Starhome GmbH v. AT&T Mobility LLC, 743 F.3d 849 (Fed. Cir. 2014) (construction of patent claim terms).

  • Allergan, Inc. v. Athena Cosmetics, Inc., 738 F.3d 1350 (Fed. Cir. 2013) (unfair competition claims involving the marketing and sale of unapproved drug products).

  • Jones v. Perez, 550 F. App’x 24 (2d Cir. 2013) (securities fraud claims arising out of the bankruptcy of Kodak).

  • Hendricks v. UBS Financial Services, Inc., 546 F. App’x 514 (5th Cir. 2013) (arbitrability of ERISA claims).

  • Pyott v. Louisiana Municipal Police Employees’ Retirement System, 74 A.3d 612 (Del. 2013) (preclusive effect of previous determination on demand futility in derivative litigation).

  • Apple Inc. v. Samsung Electronics Co., 695 F.3d 1370 (Fed. Cir. 2012) (standards for preliminary injunction for patent infringement).

  • Caraco Pharmaceutical Laboratories, Ltd. v. Novo Nordisk A/S, 132 S. Ct. 1670 (2012) (Hatch-Waxman Act counterclaim for contested Orange Book listings for patented drugs).

  • Janus Capital Group, Inc. v. First Derivative Traders, 131 S. Ct. 2296 (2011) (primary liability for securities violations under Rule 10b-5).

  • Spano v. The Boeing Co., 633 F.3d 574 (7th Cir. 2011) (class certification under ERISA).

  • Cardiac Pacemakers, Inc. v. St. Jude Medical, Inc., 576 F.3d 1348 (Fed. Cir. 2009) (en banc) (applicability of 35 U.S.C. § 271(f) to method or process claims).

  • Hohider v. United Parcel Service, Inc., 574 F.3d 169 (3d Cir. 2009) (class certification under the Americans with Disabilities Act).

  • Garcia v. Vanguard Car Rental USA, Inc., 540 F.3d 1242 (11th Cir. 2008) (constitutionality of the Graves Amendment limitations on vicarious liability).

  • Bates v. United Parcel Service, Inc., 511 F.3d 974 (9th Cir. 2007) (en banc) (business necessity defense under the Americans with Disabilities Act).

  • Kircher v. Putnam Funds Trust, 373 F.3d 847 (7th Cir. 2005), rev’d, 547 U.S. 633 (2006) (SLUSA and removal jurisdiction).

  • Credit Suisse First Boston Corp. v. Grunwald, 400 F.3d 1119 (9th Cir. 2005) and Jevne v. Superior Court, 111 P.3d 954 (Cal. 2005) (preemption of state arbitration rules under the FAA).

Recent Publications

  • What Does Halliburton II Mean For Omission Cases?, Wall Street Lawyer, Vol. 18, Issue 8 (August 2014).

  • Eight Propositions Regarding the Scope of Halliburton II, Bank and Corporate Governance Law Reporter, Vol. 52, Nos. 4 & 5 (June & July 2014) (with Jonathan C. Dickey).

  • Sarbanes-Oxley and Dodd-Frank Whistleblower Claims after Lawson v. FMR LLC, Wall Street Lawyer, Vo. 18, Issue 4 (April 2014) (with Eugene Scalia and Gabrielle Levin).

  • U.S. Supreme Court Allows State Law Securities Class Action to Proceed, Insights, Vol. 28, No. 3 (March 2014) (with Robert F. Serio and Lucas C. Townsend).

  • Issue Preclusion in Multijurisdictional Shareholder Derivative Litigation, Insights, Vol. 27, No. 8 (August 2013) (with Geoffrey C. Weien).

  • Due Process Limitations on Aggregating Claims Under State Law, (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, Vol. 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(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).

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 what is now called a Bristow Fellow in the Office of the Solicitor General of the United States.

At Gibson Dunn, Mr. Perry serves on the Compensation Committee and is the Team Leader for University of Virginia recruiting.  He has previously served as Partner in Charge of the Washington office and Co-Chair of the Life Sciences Practice Group, and he practiced in the firm’s San Francisco office from 2000-2002.  During his career, he has served on the firm-wide Executive, Associate, Diversity, Hiring, and Professional Development Committees.

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 First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, 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 enjoys spending time with his wife Adele and their children Susannah, Thomas, and Eloise (Kick); and he is an enthusiastic, if not particularly skilled, mountain biker.

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