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Profile Picture

Mark A. Perry

Mark
Perry

Partner

CONTACT INFO

mperry@gibsondunn.com

TEL:+1 202.887.3667

FAX:+1 202.530.9696

Washington, D.C.

1050 Connecticut Avenue, N.W., Washington, DC 20036-5306 USA

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PRACTICE

Appellate and Constitutional Law Administrative Law and Regulatory Practice Antitrust and Competition Class Actions Intellectual Property Labor and Employment Life Sciences Litigation Securities Litigation

BIOGRAPHY

Mark A. Perry is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher LLP and Co-Chair of the Firm’s nationwide Appellate and Constitutional Law Practice Group.  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—including winning the landmark decisions in Lucia v. SEC, Alice Corp. v. CLS Bank, and Janus Capital Group v. First Derivative Traders—and the federal courts of appeals. (See Overview of Section 101 Patent Cases Decided After Alice v. CLS (as of March 1, 2019)).  He has served as chief appellate counsel to Fortune 100 companies in significant securities, intellectual property, and employment cases.  He also appears frequently in federal district courts, serving both as lead counsel and as legal strategist in complex commercial cases.  He has special expertise in class actions, and teaches the upper-level course in Class Action Law and Practice at Georgetown University Law Center.

Mr. Perry is ranked by Chambers USA in Nationwide Appellate Law, which noted that he “is described as a ‘master strategist and a brilliant writer.’”  He has also been recognized by Best Lawyers in America® in the fields of Appellate Practice and Securities / Capital Markets Law, by Super Lawyers in the Appellate category, and by IAM Patent—which called him “undoubtedly one of the top appellate specialists in the country”—for his work in the Federal Circuit.  Mr. Perry has been named a National Litigation Star for both Appellate and General Commercial by Benchmark Litigation (which has also awarded him Appellate Lawyer of the Year), identified as a “Securities MVP” and an “Appellate MVP” by Law360, and named a Litigator of the Week by The American Lawyer.  He is a Fellow of the Litigation Counsel of America.

Before joining Gibson Dunn, 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.  Mr. Perry earned his law degree with high honors from the University of Chicago Law School, where he served as Executive Editor of the Law Review.  His undergraduate degree was conferred by the University of California at Berkeley.

Mr. Perry is the global co-editor, and co-author of the U.S. chapter, of the international publication Getting the Deal Through: Appeals, and he is the author of the class certification chapter in the PLI treatise Securities Litigation: A Practitioner’s Guide.  Other recent publications and additional information are available below.  Representative matters and references are available on request.

EDUCATION

University of Chicago - 1991 Juris Doctor

University of California - Berkeley - 1988 Bachelor of Arts

ADMISSIONS

California Bar

District of Columbia Bar

RECENT PUBLICATIONS

Client Alert - February 17, 2021 | 2020 Year-End Securities Litigation Update
Client Alert - January 11, 2021 | 2019/2020 Federal Circuit Year in Review
Client Alert - October 22, 2020 | The Jurisprudence of Supreme Court Nominee Amy Coney Barrett
Client Alert - August 11, 2020 | 2020 Mid-Year Securities Litigation Update
Client Alert - July 20, 2020 | Supreme Court 2019 Term – Summary Of Decisions Affecting Business Litigation
Firm News - July 6, 2020 | Gibson Dunn Ranked in 2020 U.S. Legal 500
Publications - July 6, 2020 | Westlaw: Recent Constitutional Litigation Challenging Governmental Responses to the COVID-19 Pandemic
Publications - June 25, 2020 | High Court Should Review Goldman’s Maintenance Theory
Firm News - June 17, 2020 | Gibson Dunn Recognized in IAM Patent 2020
Client Alert - May 19, 2020 | Recent Constitutional Litigation Challenging Governmental Responses to the COVID-19 Pandemic
Client Alert - April 15, 2020 | Supreme Court Reschedules Half of Remaining Cases for Argument in Fall 2020
Client Alert - March 27, 2020 | Constitutional Implications of Government Regulations and Actions in Response to the COVID-19 Pandemic
Firm News - March 26, 2020 | Gibson Dunn Wins Two Awards in Managing IP Americas Awards 2020
Client Alert - February 19, 2020 | 2019 Year-End Securities Litigation Update
Client Alert - December 19, 2019 | 2018/2019 Federal Circuit Year in Review
Client Alert - November 5, 2019 | Appointment of Administrative Patent Judges Held Unconstitutional
Firm News - October 26, 2019 | The National Law Journal Names Gibson Dunn to Appellate Hot List
Client Alert - August 15, 2019 | 2019 Mid-Year Securities Litigation Update
Firm News - August 15, 2019 | Gibson Dunn Lawyers Recognized in the Best Lawyers in America® 2020
Publications - August 13, 2019 | Getting the Deal Through: Appeals 2019
Firm News - May 31, 2019 | Gibson Dunn Named Winner in Two Categories for D.C. Litigation Department of the Year
Client Alert - March 5, 2019 | 2018 Year-End Securities Litigation Update
Firm News - November 28, 2018 | Law360 Names Eight Gibson Dunn Partners as MVPs
Client Alert - November 26, 2018 | 2017/2018 Federal Circuit Year in Review
Client Alert - July 26, 2018 | 2018 Mid-Year Securities Litigation Update
Article - July 11, 2018 | President Trump Nominates Judge Brett Kavanaugh To Supreme Court
Client Alert - June 21, 2018 | Supreme Court Rules That SEC ALJs Were Unconstitutionally Appointed
Client Alert - February 1, 2018 | 2017 Year-End Securities Litigation Update
Client Alert - January 22, 2018 | Supreme Court Says That Challenges to “Waters of the United States” Rule Must Be Filed in Federal District Court
Client Alert - November 2, 2017 | 2016/2017 Federal Circuit Year in Review
Article - August 11, 2017 | Plumbing the Depths of American Pipe
Client Alert - July 20, 2017 | 2017 Mid-Year Securities Litigation Update
Article - July 1, 2017 | Getting the Deal Through: Appeals 2017
Client Alert - June 26, 2017 | United States Supreme Court Limits Class-Action Tolling
Client Alert - June 15, 2017 | TC Heartland—A Renewed Opportunity to Challenge Venue in Patent Infringement Cases
Client Alert - June 5, 2017 | United States Supreme Court Limits SEC Power to Seek Disgorgement Based on Stale Conduct
Client Alert - March 30, 2017 | Judge Neil Gorsuch’s Potential Impact on the Development of Antitrust Law
Client Alert - March 30, 2017 | Judge Neil Gorsuch’s Potential Impact on the Development of Antitrust Law
Client Alert - March 20, 2017 | Judge Neil Gorsuch’s Potential Impact on the Development of Labor and Employment Law
Client Alert - March 17, 2017 | Judge Neil Gorsuch’s Potential Impact on the Development of Environmental Law
Client Alert - March 16, 2017 | Judge Neil Gorsuch’s Potential Impact on the Development of Arbitration Law
Client Alert - March 13, 2017 | Judge Neil Gorsuch’s Potential Impact on the Development of Class Action Law
Client Alert - January 31, 2017 | Summaries of Opinions of Supreme Court Nominee Judge Neil Gorsuch
Client Alert - January 25, 2017 | 2016 Year-End Securities Litigation Update
Client Alert - December 7, 2016 | 2015/2016 Federal Circuit Year in Review
Webcasts - November 11, 2016 | Webcast: Election Results and Securities Litigation and Enforcement Trends
Article - November 10, 2016 | Will the High Court Resolve Circuit Split on Class Waivers in Employee Arbitration Agreements?
Article - October 3, 2016 | The Interrelationship Between Price Impact and Loss Causation After Halliburton I & II
Article - August 12, 2016 | Spokeo and Absent Class Member Standing
Client Alert - July 14, 2016 | 2016 Mid-Year Securities Litigation Update
Client Alert - May 27, 2016 | Eleventh Circuit Limits SEC Power to Seek Disgorgement and Declaratory Relief
Client Alert - May 17, 2016 | U.S. Supreme Court Holds That Violation of a Statutory Right, Without a Resulting “Concrete” Injury, Does Not Satisfy Article III’s Injury-in-Fact Requirement
Client Alert - January 25, 2016 | 2015 Year-End Securities Litigation Update
Client Alert - July 29, 2015 | The Saga Continues: The Northern District of Texas Weighs in on Price Impact Test for Class Certification Post-Halliburton II
Article - March 2, 2015 | A Move To Undo Colorado’s Pot Laws
Client Alert - July 21, 2014 | Eight Propositions Regarding the Scope of Halliburton II
Client Alert - June 23, 2014 | U.S. Supreme Court Enforces Price Impact Requirement for Securities Fraud Class Actions
Client Alert - June 20, 2014 | Supreme Court Unanimously Holds That Computer-Implemented Economic Concepts Are Not Patent-Eligible
Client Alert - June 5, 2014 | Second Circuit Requires “Significant Deference” to SEC’s Decision to Enter into Consent Decrees in Regulatory Enforcement Actions
Webcasts - April 3, 2014 | Webcast – Whistleblower Protections Extended in Lawson v. FMR LLC – What Should Employers Expect Next?
Client Alert - February 28, 2014 | U.S. Supreme Court Allows State-Law Securities Class Actions to Proceed
Client Alert - January 23, 2014 | U.S. Supreme Court Places the Burden of Proving Infringement on Patent Holders in Declaratory Judgment Actions
Article - August 1, 2013 | Issue Preclusion in Multijurisdictional Shareholder Derivative Litigation
Client Alert - March 1, 2013 | U.S. Supreme Court Holds That Plaintiffs Need Not Prove Materiality to Obtain Class Certification in Securities-Fraud Class Actions
Client Alert - February 27, 2013 | U.S. Supreme Court Clarifies Limitations Period for Federal Enforcement Actions
Client Alert - September 14, 2012 | Due Process Limitations on Aggregating Claims Under State Procedural Law
Client Alert - March 21, 2012 | Supreme Court Tightens the Standard for Patent Eligibility Under Section 101 of the Patent Act
Article - August 1, 2011 | Challenging the Presumption of Reliance on Class Certification after Halliburton and Wal-Mart
Client Alert - June 21, 2011 | U.S. Supreme Court Unanimously Reverses Ninth Circuit and Holds That Employment Class Action Against Wal-Mart Cannot Proceed
Client Alert - June 13, 2011 | U.S. Supreme Court Clarifies the Scope of Private Liability Under Rule 10b-5
Client Alert - May 25, 2011 | En Banc Federal Circuit Clarifies Standards for “Inequitable Conduct” Claims
Client Alert - April 5, 2011 | Seventh Circuit Issues Important Decision on Key Class-Certification Issues
Client Alert - June 28, 2010 | U.S. Supreme Court “Punts” the Issue of Patent Eligibility
Client Alert - April 16, 2010 | Federal Circuit Issues Important Decision Construing the Hatch-Waxman Counterclaim and Section viii Carve-Outs
Client Alert - March 30, 2010 | Supreme Court Clarifies Standards for Judicial Review of Mutual Fund Fees
Client Alert - March 22, 2010 | RICO’s Lessons for Loss Causation
Client Alert - August 20, 2009 | En Banc Federal Circuit Limits Scope of Patent Liability for U.S. Exports and Holds That Section 271(f) Does Not Apply to Method Claims
Client Alert - July 24, 2009 | Third Circuit Issues Important Decision Regarding Class Certification and Americans with Disabilities Act
Client Alert - March 10, 2009 | Federal Circuit Agrees to Reconsider Extraterritorial Reach of Patent Laws
Client Alert - March 2, 2009 | SLUSA Precludes ‘Actions,’ Not Claims
Client Alert - December 5, 2008 | The Inapplicability of Rule 23(b)(1) to ERISA Class Actions
Client Alert - February 10, 2008 | Supreme Court Reaffirms Narrow Scope of Primary Liability Under Section 10(b): Stoneridge Investment Partners v. Scientific Atlanta, Inc.: The Supreme Court Rejects “Scheme” Liability, Insights, Vol. 22, No. 1
Client Alert - February 1, 2008 | Stoneridge and the Continued Reconceptualization of Implied Private Rights of Action
Client Alert - January 15, 2008 | U.S. Supreme Court’s Decision Today Limits the Scope of Private Rights of Action Under the Federal Securities Laws
Client Alert - June 22, 2007 | Supreme Court Establishes Rigorous Pleading Standard for Investor Suits
Client Alert - January 11, 2007 | Supreme Court Decision Removes One Procedural Obstacle to Federal Lawsuits Challenging Patents
Client Alert - June 26, 2006 | Federal Court of Appeals Vacates SEC’s Regulation of Hedge Funds
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