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Mark Davies is co-head of the firm’s Supreme Court & Appellate Litigation practice.
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 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 territories.
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, including pension obligation bonds, 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.
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”, “super” or "lawyer of the year" 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.
Donald Daybell, a senior attorney 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 over 60 Inter Partes Reviews before the PTO, and has spoken frequently about the America Invents Act and the 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 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.
Alessandro De Nicola is member of Orrick's Global Board of Directors, 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.
John 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. (GOIC)
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.
A former Ninth Circuit clerk, Kory DeClark represents clients in appeals and dispositive motions.
Prior to joining Orrick’s Supreme Court and Appellate practice, Kory was a trial lawyer at the Office of the Federal Public Defender for the Northern District of California. Before that, he served as a Liman Fellow at the San Francisco Public Defender’s Office, where he worked toward bail reform in California. Kory has handled more than 100 felony and misdemeanor cases across all stages of litigation. He has tried cases to verdict in both state and federal court—winning acquittals on a broad range of criminal charges—and has argued before the Ninth Circuit.
Before his work as a Federal Defender, Kory served as a law clerk to the Honorable William A. Fletcher of the U.S. Court of Appeals for the Ninth Circuit, and as student director of Yale Law School’s Criminal Justice Clinic. He also holds a Ph.D. in political philosophy from the University of Southern California and a vegan culinary degree from the Natural Gourmet Institute in New York City.
Marcus focuses his practice on assisting clients in taxable and tax-exempt public finance matters, including general obligation debt issuances, revenue-backed financings and lease purchase transactions, among others.
His experience includes the representation of school districts, municipalities, counties, junior colleges, universities, special authorities and other political subdivisions in a variety of roles, including bond counsel, disclosure counsel and issuer’s counsel. In addition, he regularly represents underwriters and purchasers of both public and privately placed debt, regularly serving as underwriters’ counsel and bank counsel.
Complementary to his core practice, Marcus is also able to provide his clients guidance on derivative transactions and liquidity facilities, election law matters, and municipal and school law issues.
Before joining Orrick, Marcus clerked for the Colorado Court of Appeals and subsequently practiced as an associate and then a partner with several international law firms.
Justine is a member of Orrick's Complex Litigation & Dispute Resolution team. Before joining Orrick, she served as a judicial law clerk to the Honorable Deborah K. Chasanow of the United States District Court for the District of Maryland. During law school, Justine interned at the United States Court of Federal Claims. She also served as the Editor-in-Chief of the Health Law & Policy Brief, and represented clients as a member of American University Washington College of Law's Civil Advocacy Clinic.
Jose DeJesus is a paralegal in the Finance Business Unit and the Public Finance practice group. He has participated in financings in which the firm has served as bond counsel, underwriter’s counsel and borrower counsel for various tax-exempt and taxable municipal and project financings. He works mainly for the Energy and Infrastructure Group. His duties include preliminary drafting of documents and UCC financing statements, preparation for and assisting with closings as well as post-closing matters. He has been with the firm since 1995 and has been working as a paralegal since 1984.
Nicolò Del Dottore is Of Counsel at Orrick and member of the Finance team.
He focuses on structured finance transactions, financings, debt restructuring, assignment and factoring of receivables mainly due by public bodies. In particular, he has gained significant experience on securitization and covered bonds transactions.
He is also skilled in public finance advising domestic and international banks in relation to finance transaction with public entities.
He graduated with honors at the University of Siena, he gained a LL.M at the London School of Economics and Political Science (LSE).