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Mark believes in Progress through persuasion. As a life-long early adopter of the latest technology, Mark has always believed in the promise of innovation. And as a believer in the justice embedded in the appellate process, Mark has time and time again persuaded Federal Circuit judges to rule for his clients.
Mark leads a team with spectacular credentials, deep expertise in intellectual property law, and that shares his belief in the client’s case. In the past few years, Mark has led Apple, Dow AgroSciences, EMC, NVIDIA, and Nintendo among others to victories that live out the Constitutional vision of a sound intellectual property regime. Mark feels lucky to have a legal practice he enjoys so much, one that combines his admiration for technological advances with enjoyment of the art of legal persuasion.
The author of the “user manual” for Federal Circuit appeals, Patent Appeals: The Elements of Effective Advocacy in the Federal Circuit (LexisNexis® Intellectual Property Law and Strategy Series, November 2017), Mark brings nearly twenty years’ of experience in intellectual property appeals, both in private practice and government. He was recognized in a Reuters special report as a member of the “elite cadre” of lawyers that are “the most influential members of one of the most powerful specialties in America: the business of practicing before the Supreme Court.” Reuters researched a field of 17,000 practitioners, identified a group of 75 who “have stood out – most for their success at getting cases before the high court,” and who “giv[e] their clients a disproportionate chance to influence the law of the land.”
As a member of the Appellate Staff of the Civil Division at the U.S. Department of Justice, Mark represented the U.S. Patent and Trademark Office, the Copyright Office, the International Trade Commission and other federal agencies before the Federal Circuit, other U.S. Courts of Appeals, and the U.S. Supreme Court.
Sample Wins in the Last Five Years
Roger L. Davis has concentrated his practice on public
finance at Orrick for more than three decades. In that capacity, he has had a lead role in
more than 1,000 transactions, as bond counsel, underwriters counsel, borrower
counsel, disclosure counsel, credit provider counsel and other roles, on
virtually every type of municipal security, in roughly 20 states and
Roger is particularly known and sought out for his ability to apply that unusually extensive and diverse experience in figuring out how to finance projects or programs when it is not clear whether or how that can be done, how to solve problems as they arise and how to make new programs work. Roger is dedicated to helping bring about projects and programs (whether sponsored by public entities, nonprofit corporations or for-profit enterprises) that provide a public benefit and make people’s lives better.
Roger's recent focus has been on general governmental transactions, all manner of nonprofit corporations, public private partnerships (P3s), securitizations, energy and water efficiency programs, pool programs, and development of new products or programs. His practice is national with concentrations in California, Hawaii and several Pacific Islands. He was instrumental in the creation of the Public Finance Authority in Wisconsin, which is designed to finance projects anywhere in the United States.
Roger also advises on securities laws and disclosure and drafts legislation (exacted in several states) to facilitate borrowing by public entities for a wide variety of projects and programs.
In addition, Roger holds a number of management positions at Orrick. He is co-chair of Orrick’s public finance department, which resides in nine offices around the country, and for the last two decades has ranked as number one bond counsel and disclosure counsel, and within the top five underwriters counsel, for bonds issued by state and local governments throughout the United States. In that capacity, Roger is responsible for strategy, opinion policy and other standards of practice for the group, and is consulted on a wide range of matters in addition to his own.
Roger is also co-chair of Orrick’s Finance Business Unit, which is comprised of the public finance, structured finance, banking and finance, real estate and restructuring practice groups, and he is on the management committee overseeing Orrick’s wholly-owned subsidiary, BLX Group LLC.
A dozen or so of Roger’s transactions have been selected as deals of the year by various publications. He himself has been recognized by The American Lawyer as Dealmaker of the Year (twice), as “best” or “super” by several other publications, ranked by Acritas as an Acritas Star Lawyer, and was declared the “The Bond King” in a cover article by California Lawyer.
Pam focuses her practice on defending companies and individuals in government investigations involving white collar and regulatory matters. She has conducted numerous investigations for multinational organizations throughout the world. She is currently leading investigative teams throughout Asia, South America, South Africa and North America that require the use of Orrick's global resources in China, Hong Kong, the United Kingdom and the United States. Pam has been selected two times by the SEC and DOJ as an FCPA Monitor, involving a medical device company and a banking technology company. Pam gained the unique distinction of being selected three times by the U.S. government to serve as an independent FCPA monitor when she was recently selected by the SEC as the Independent Compliance Consultant for a separate medical device company.
In addition to her investigative practice, Pam conducts global reviews of existing compliance plans, FCPA Policies and Global Codes of Ethics, as well as due diligence associated with M&A work. She assists clients in revising existing FCPA and Global Codes of Ethics to fit today's heightened focus on anticorruption legislation. In addition to her significant work on FCPA related and global investigation matters, she also continues to represent companies and individuals in connection with a variety of other matters, including, health care fraud, antitrust offenses, securities fraud, trade secrets theft allegations, securities and export violations, mail and wire fraud, and environmental cases. Additionally, when a matter cannot, or should not be settled, she has substantial trial and courtroom experience in broad-based U.S. state and federal criminal matters, and related civil litigation, including more than 50 jury and court trials.
Donald Daybell, a senior associate in Orrick's Orange County office, is a member of the Intellectual Property Group. Mr. Daybell's practice is focused on high-stakes patent litigation, with an emphasis on trials in the US Patent and Trademark Office (PTO).Mr. Daybell is lead or backup counsel on numerous Inter Partes Reviews before the PTO, and has spoken frequently about the America Invents Act and the new PTO trial procedures enacted by this ground-breaking legislation.
Mr. Daybell also has substantial experience in all aspects of patent litigation. He has managed the day-to-day activities of complex patent cases, has taken and defended numerous depositions, has presented witnesses at trial, and has argued matters before various tribunals, including district courts and the International Trade Commission.
Mr. Daybell has experience in litigating and prosecuting patents in various technical fields, including semiconductors, computer software and hardware, databases, financial services, e-commerce, business methods and medical devices. His experience further includes preparing requests for ex parte re-examination and prosecuting re-examination requests with the PTO. His experience also includes providing counseling and opinions regarding issued patents, and conducting due diligence reviews of intellectual property.
Having handled dozens of ITC investigations, Bas knows an exceptional legal strategy is not enough. The Commission’s aggressive speed and complexity are unmatched, and can easily overwhelm. Success requires a tenacious focus, and deep knowledge of jurisdictional, procedural and legal issues. Clients such as Apple, NVIDIA, Acer and Hitachi hire Bas for precisely that mix of skill and dedication.
In addition to his ITC practice, Bas also heads Orrick’s contentions prosecution practice. He has led more than 30 IPRs and first-chaired more than a dozen trials before the United States Patent Office, as well as represented clients in dozens of trials in district courts, and before PTAB.
As someone with degrees in both engineering and English literature, Bas is uniquely suited to present complicated topics to non-technical audiences. He has represented clients in fields as diverse as semiconductor processing and structure, GPS and geosynchronous satellites, image texture and graphics processing, Internet switches and communications, and various consumer products.
Amaury de Feydeau is a Banking & Finance lawyer based in Orrick's Paris office with a particular focus on project finance, real estate finance, structured finance and restructuring.
He advises arrangers and sponsors on complex infrastructure, PPP, concessions and property portfolio financing transactions, in France and abroad. Amaury is recognized as a leading lawyer in France. According to Chambers & Partners, clients describe him as “creative and a real solution-finder”. He regularly participates in the drafting of complex agreements for the financings of public facilities, notably public buildings and infrastructure, renewable energy projects, power plants and telecom grids. Recently, he has represented Allianz Global Investors, Bayern LB, BTMU and HSBC in the financing of the Cité Musicale on Seguin Island (Paris) which won the MIPIM Award 2015 for Best Futura Project and was the first PPP financed using securitization in France.
Amaury has also a substantial experience in real estate which includes the financing of a variety of complex French and pan-European portfolios and their restructuring. He advises on the financing of the acquisition or the construction and rehabilitation of offices, hotels and commercial buildings, as well as their securitization aspects and restructuring. He has represented arrangers and sponsors such as Benson Eliot, Blackstone, BNP Paribas, Citigroup, Colony, Deutsche Bank AG, Foncière Euris, EuroHypo, HSBC France, Lone Star, Metrovacesa, Natixis, RREEF, SEB, Société Générale, RBS and Westbrook.
Amaury joined Orrick in 2007, after four years with the Real Estate and Finance departments of Freshfields Bruckhaus Deringer.
Amaury de Feydeau is also a visiting lecturer at the business school HEC in Real Estate Finance.
Quirec de Kersauson is an Energy & Infrastructure lawyer in Orrick's Paris office with a focus on public and European law.
Quirec specializes on public contracts, especially PPP and concessions. He has a significant experience on energy and mining projects both in France and Africa. He also works on regulatory and litigation matters notably in the energy sector, on foreign investment control and on data protection. Quirec has a strong expertise in terms of public persons and public law arbitrations (arbitration proceedings and appeal of arbitration awards).
Before joining Orrick, Quirec was a legal intern at Boivin & Associés, Viguié Schmidt Peltier Juvigny, Shearman & Sterling, and also at public institutions (the supreme administrative court and legal counsel of the French Government – Conseil d’Etat, the French Ministry of Defence and the European Parliament).
Quirec is a lecturer in European and public law at Sciences Po.
Barbara focuses her practice on tax structuring for M&A transactions, with a particular emphasis on tax issues arising in partnership, joint venture and alternative investment structures, including the use of partnership structures for strategic acquisitions by corporate groups.
Her practice has an energy industry concentration, including transactions involving Fortune 50 corporations, master limited partnerships (MLPs), private equity investors, portfolio companies and funds in all aspects of the energy industry, upstream, midstream, and downstream, oil field services as well as alternative energy, wind, solar and biomass enterprises. She also provides advocacy in federal income tax controversies at the audit and appellate levels. Additionally, she is board certified in tax law by the Texas Board of Legal Specialization. Barbara has been the Chair of the Partnership and LLC Tax Committee of the ABA Section of Taxation, is a recipient of the committee’s Larry M. Katz Award for Distinguished Service for 2009 and was the founder and first Chair of the Section's LLC Task Force.
Prior to joining Orrick, Barbara was a partner at McGuireWoods and served as managing director in the M&A tax group of KPMG LLP.
Alessandro De Nicola is member of Orrick's Global Board of Directors and European Management Board. He is Senior Partner of the Italian offices in Milan and Rome, and has acted as European Corporate Group Leader.
Alessandro has extensive experience in commercial and corporate law, M&A, competition law and corporate governance. He has worked on complex domestic and cross-border corporate transactions including acquisitions and corporate restructurings for some of the most important players in the market. He leads extensive corporate governance projects with a particular focus on Legislative Decree 231.
Alessandro has pleaded in front of the Italian Antitrust Authority (AGCOM), Consob (the public authority responsible for regulating the Italian securities market), ECB (European Central Bank), Bank of Italy and civil and administrative courts.
Ariane de Roux is an employment lawyer, based in Orrick’s Paris office.
Ariane advises French and international corporations on all matters related to French Employment and Labor Law.
Prior to joining Orrick, Ariane worked in the Employment, Pensions & Benefits team of Freshfields Bruckhaus Deringer for four years.
John Deacon, a partner based in London, is a member of the Energy & Infrastructure practice. He focuses on energy projects, carbon finance and trading, and infrastructure law, with a particular emphasis on renewable energy and distributed generation both conventional and unconventional.
John's experience began with UK wind projects and has moved into a broad spectrum of global renewable energy projects, including onshore/offshore wind, biomass, large hydro, run-of-river hydro, energy-from-waste and PV (ground and rooftop). John acts for developers, banks, equity providers, employers and contractors in this field. He has advised on projects around the world, including Africa, the Middle East, Asia, Eastern Europe and across the European Union.
Chambers UK ranks John as a leading individual in the Energy and Natural Resources field and Legal 500 UK positions him as “a highly regarded figure in the renewables space.” Clients describe John as a “strong negotiator” who can “easily defuse contentious situations."
Wheeling, W.V. (GOC)
Craig Dean serves as Orrick’s Chief Information Officer and is responsible for the firm’s global technology services and for developing dynamic approaches for the firm's business challenges. He is based in Orrick’s Global Operations Center, located in Wheeling, W.Va.
With more than 30 years of experience in applying innovative technology solutions, Craig's experience includes serving as Orrick's Director of Technology since 2012 where his responsibilities included technical infrastructure operations and architecture, security and governance, Web development, applications management, business development technology, help desk, and project management.
Previously, Craig served as CIO at a large medical device company where he oversaw all global information technology needs and managed the strategic technology direction of the organization. He also served as Director of Corporate Strategy and Development at a top pharmaceutical corporation where he was responsible for developing the company's growth strategy through internal initiatives, strategic planning and acquisitions.