Mark Mermelstein, a trial lawyer with more than 20 first-chair trials, specializes in white collar criminal defense and complex litigation. He is also global co-chair of the firm’s Cybersecurity and Data Privacy team.

Mark focuses his work representing corporations and individuals facing allegations of securities fraud, healthcare fraud, environmental crimes, money laundering, violations of the Foreign Corrupt Practices Act (FCPA) and the False Claims Act, mail/wire fraud, and embezzlement.

Mark also focuses on asset recovery for corporate crime victims such as those victimized by cybercrime, such as theft of trade secrets, hacking, counterfeiting and other business crimes. In this regard, Mark routinely leads data breach and cybersecurity incident response efforts, as well as proactively advises on data breach mitigation strategies.

Mark has written many articles and has spoken extensively on many aspects of his practice. A frequent commentator on matters related to white collar crime, he has been recommended by Legal 500 in both White Collar Criminal Defense, and Cybersecurity.

  • Representative experience includes the following:

    Environmental Crimes

    • Represented environmental consultants in three of the four criminal investigations initiated by the State Water Resources Control Board and Attorney General’s Office regarding allegations of fraud on the California Underground Storage Tank Fund.
    • Represented a bottling company in a federal criminal investigation into violations of the Clean Water Act.
    • Represented a hotel engineer in a federal criminal investigation into violations of the Clean Water Act.
    • Represented numerous seamen in federal criminal investigations regarding violations of the Clean Water Act.

    Asset Recovery

    • Represented the victim of art fraud when he was sold a phony Picasso painting for US$2 million. By referring to the matter to the United States Attorney’s Office for a successful criminal prosecution, and asset forfeiture seizure, recovered more than the client’s US$2 million cash outlay.
    • Represented a major international union that was fraudulently induced to enter into more than US$25 million of over-priced office equipment leases. By initiating a state court lawsuit was able to extricate the client from the leases and resolve the litigation on favorable terms.
    • Represented an Internet company that was the victim of cyber-extortion when the perpetrator demanded payment of money in exchange for not releasing company and customer trade secret information.

    Healthcare

    • Represented a chain of nursing homes in connection with a D.A.'s Office investigation into allegations of an elder abuse homicide at one of its residences, the related civil litigation and the related licensing investigation.
    • Represented numerous physicians and other healthcare professionals in connection with federal or state criminal investigations into allegations of Medicare/Medical fraud or drug distribution by writing prescriptions without medical necessity.
    • Achieved a verdict after jury trial for Aetna below the settlement offer, where the health insurer had been accused of insurance bad faith by decedent seeking more than US$20 million.

    Mail/Wire/Securities Fraud

    • Represented a French investment company in connection with a U.S. Attorney's Office investigation into allegations of fraud in connection with the purchase of a failed insurance company, Executive Life, and related civil litigation.
    • Represented a senior executive at KB Home in connection with a U.S. Attorney's Office investigation into allegations of stock options backdating, related Securities & Exchange Commission investigation and civil litigation.
    • Represent numerous environmental consultants in criminal and civil proceedings brought by the California State Water Resources Control Board and qui tam whistleblowers related to allegations of fraud on the California Underground Storage Tank Cleanup Fund
    • Represented National Basketball Association player in U.S. Attorney's Office investigation

    With his substantial trial experience, he knows how to devise winning strategies for trial and has the judgment to know when it is best to find an alternative solution. A sample of Mr. Mermelstein's trial and evidentiary hearing successes appears below.

    • Secured complete dismissal of manslaughter charges against a motorist accused of killing a prominent municipal employee in an alcohol-involved car accident.
    • Obtained complete dismissal of all allegations of impropriety in a high stakes child custody battle for a multi-millionaire business executive.
    • Won a hung jury verdict for ConAgra Foods, where the food manufacturer was facing a US$40 million claim from a distributor for breach of contract.
    • Obtained numerous not guilty jury verdicts for individuals accused of a wide array of criminal conduct.

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