EXPERIENCE

Mark concentrates his practice in the areas of complex civil litigation, trade secret litigation, and employment law advising for large and small businesses. He has successfully handled numerous complex litigation cases, including contract, insurance, tort, products liability, foreclosure, bankruptcy, land use, appellate, and employment law matters.

He handles and argues cases in federal and state courts on Oahu, the Big Island, Maui, and Kauai, including defending and prosecuting multiple successful appeals before the Hawaii Intermediate Court of Appeals, Hawaii Supreme Court, and Ninth Circuit Court of Appeals.

Mark also defends cases in multiple administrative agencies, including the Hawaii Civil Rights Commission, Equal Employment Opportunity Commission, Department of Labor, Hawaii Occupational Health & Safety Division, and Honolulu Board of Realtors.

His reported cases include: WIHC, LLC v. NextGen Labs., Inc., 341 F. Supp.3d 1147 (D. Haw. 2018) (granting preliminary injunction to enjoin misappropriation of trade secrets, a case that later settled for $4.5 million); Association of Apartment Owners of Royal Aloha v. Certified Mgmt., Inc., 139 Hawaii 229, 386 P.3d 866 (2016) (as a matter of first impression, holding that laches applies to both legal and equitable claims); Wiesenberg v. University of Hawaii, 138 Hawaii 210, 378 P.3d 926 (2016) (clarifying that time to appeal runs from filing of amended final judgment); Hawaiian Ass’n of Seventh-day Adventists v. Wong, 130 Hawaii 36, 305 P.3d 452 (2013) (upholding refusal of circuit court to terminate long-term lease); Nazara v. F.R. Log Homes, Inc., 474 Fed. Appx. 517 (9 th Cir. 2012) (upholding district court’s dismissal of breach of contract and construction defect case); Valvanis v. Milgroom, 529 F. Supp.2d 1206 (D. Haw. 2007) (defeated motion to expunge lis pendens in which federal court held as matter of first impression in Hawaii that a lis pendens is proper in a fraudulent transfer action); Valvanis v. Milgroom, 529 F. Supp.2d 1190 (D. Haw. 2007) (defeated motion for summary judgment in federal court fraudulent transfer case); Mikelson v. United Services Automobile Association, 107 Hawaii 192, 111 P.3d 601 (2005) (successfully defended insurance coverage appeal before Hawaii Supreme Court involving issues of first impression in Hawaii); OWBR LLC v. Clear Channel Communications, Inc., 266 F. Supp.2d 1214 (D. Haw. 2003) (obtained summary judgment in federal court on behalf of Fortune 500 company in breach of contract case).

In a case of first impression that made national headlines, Mark was counsel for a former high school student-athlete who alleged that the University of Hawaii athletic department improperly withdrew a verbal scholarship commitment made by a former football coach a few weeks before the “national signing” day when recruits formally sign their scholarship commitments. The suit alleged that the student was instructed not to speak with any schools during the recruiting process. The student also turned down a scholarship commitment from another university in reliance on the University of Hawaii’s offer. By withdrawing the scholarship offer at the eleventh hour, Mark’s client was severely disadvantaged as the student could not obtain scholarship commitments from other colleges and universities. The suit resulted in a monetary settlement.

Sports Illustrated: "Going to court over committment"

A former collegiate football player and American Council on Exercise Certified Personal Trainer, Mark also researches, writes, and lectures on legal issues affecting the health and fitness industry. He frequently handles matters involving personal trainers, health and fitness organizations, and health and nutrition stores.

Mark has taught Pretrial Procedure as an adjunct professor at the William S. Richardson School of Law, University of Hawaii at Manoa and Justice Systems and Law for Managers at Hawaii Pacific University.

Before joining Case Lombardi in 2005, Mark worked as a policy analysist and legal advisor for Governor Linda Lingle, as an attorney in private practice, and as a law clerk for the Honorable Walter Kirimitsu of the Hawaii Intermediate Court of Appeals.

RECOGNITIONS

• Mark has been recognized for his litigation work by Chambers & Partners, the prestigious global lawyer referral service by including him in its Chambers USA: America’s Leading Lawyers for Business, 2014 – 2022 editions.
• Litigation Counsel of America, Fellow (2023)
• In 2009, Mark was selected to participate in the Hawaii State Bar Association’s inaugural Leadership Institute, which trains members of the Bar for leadership roles in both the Bar Association and the community.
• Articles Editor, SMU Law Review Association.

COMMUNITY ACTIVITIES

• Commissioner, Hawaii Civil Rights Commission from 2007 to 2013 (nominated by Governor Linda Lingle and unanimously confirmed by the Hawaii State Senate).
• Vice-chair, Hawaii State Bar Association Litigation Section (2010).
• Member, Hawaii State Bar Association Nominating Committee (elected 2021).
• Board Member, Hawaii State Bar Association (elected 2022).
• International Federation of Bodybuilding Professional League Judge, and the Head Judge and Hawaii District Chair of the National Physique Committee, where he sanctions and judges bodybuilding, fitness, figure, physique, and bikini competitions.