Big firm talent. Small firm creativity.

Professional Highlights

Memberships
American Bar Association
Philadelphia Bar Association
Appointed by the Governor to the Pennsylvania Joint Committee on Documents

Recognition & Accomplishments
Mark was named a “Lawyer on the Fast Track” by The Legal Intelligencer in 2015.  He has been recognized as a Rising Star by Pennsylvania Super Lawyers from 2012-2017 and was listed as a Pennsylvania Super Lawyer in 2018.  In 2015 he was named to the Pro Bono Roll of Honor by the First Judicial District.

Speaking and Publications
Co-Author, “Local Counsel and the UIDDA: Must You Retain? Should You Retain?”, The Legal Intelligencer, July 29, 2015.

Co-Author, “Litigation Lessons from the Penn State Sanctions”, Corporate Counsel, April 30, 2015.

“Filing a Pennsylvania State Court Appeal: a Guided Journey with Tips and Tricks”, Drexel University Thomas R. Kline School of Law, April 2015 (also presented in-house at Conrad O’Brien, April 2015).

“Icing” on the Cake: Allowing Amateur Promoters to Escape Liability in Mohoney v. USA Hockey, Inc., 9 Vill. Sports & Ent. L.J. 417 (2002).

Prior Experience
Prior to joining Kleinbard, Mark was a partner at Conrad O’Brien PC.

Representative Matters

• Represented two State Senators in quo warranto action against county sheriff, resulting in sheriff’s resignation after injunction hearing.
• Successfully represented Pennsylvania Senate Majority Leader Jake Corman in lawsuit seeking to repeal the punitive sanctions imposed by the NCAA against Penn State University and to ensure that the unprecedented $60 million fine levied against Penn State would remain in Pennsylvania to support and benefit child abuse prevention programs within Pennsylvania in accordance with the Higher Education Monetary Penalty Endowment Act, see Corman v. NCAA, 93 A.3d 1 (Pa. Cmwlth. 2014); Corman v. NCAA, 74 A.3d 1149 (Pa. Cmwlth. 2013). Role included deposing several high-level and senior administrators at the NCAA, including the President of the NCAA Mark Emmert, seehttp://www.senatorcorman.com/legal-documents-corman-vs-ncaa/.
• Successfully represented the Pennsylvania Senate Majority Caucus in a lawsuit challenging the Governor’s attempt to terminate the Executive Director of the Office of Open Records without cause. The Commonwealth Court ruled that the Governor exceeded his constitutional authority in seeking to remove the Executive Director and ordered that the Executive Director be restored to his position with back pay and benefits, see Arneson v. Wolf, 2015 Pa. Commw. LEXIS 251 (Pa. Cmwlth. Jun. 10, 2015). The Executive Director has been reinstated pending the Governor’s appeal to the Supreme Court.
• Conducted extensive internal investigation into allegations of fiscal mismanagement, lack of accountability, abuse of power and the misappropriation and theft of taxpayer funds at the Coatesville Area School District. Role in the investigation included interviewing nearly 100 current and former employees of the school district and being the primary drafter of the investigative report and accompanying supplement, both of which have been made publicly available, see http://casd.schoolwires.net/movingforward.
• Conducted extensive internal investigation for the Governor’s Office of General Counsel into the licensing and oversight of child day care centers by the Department of Public Welfare’s Office of Childhood Development and Early Learning, with particular focus on a resulting death that occurred at a day care center in Philadelphia. Role in the investigation included interviewing nearly twenty-five witnesses from state and local agencies and being the primary drafter of the investigative report, which has been made publicly available, seehttps://www.portal.state.pa.us/portal/server.pt/document/1368169/(1879958_-_1)_-_9_20_13_final_redacted_investigation_summary_and_program____pdf.
• In one of the first decisions from the Pennsylvania Supreme Court interpreting Pennsylvania’s revamped Right-to-Know Law, represented the Pennsylvania Senate in an appeal seeking the disclosure of legal invoices for Senate employees who were provided attorneys in state and federal public corruption investigations. The Supreme Court not only clarified the applicability of the attorney-client privilege to legal invoices, but it rejected the per se waiver rule that had been applied in prior Right-to-Know Law appeals regarding an agency’s failure to raise all reasons for non-disclosure in the initial response, see Levy v. Senate of Pa., 34 A.3d 243 (Pa. Cmwlth. 2011), aff’d in part, rev’d in part, 65 A.3d 361 (Pa. 2013), on remand, 94 A.3d 436 (Pa. Cmwlth. 2014).
• Represented the Pennsylvania Public Utility Commission and the Pennsylvania Department of Environmental Protection in defending the constitutionality of certain provisions of Pennsylvania’s Marcellus Shale drilling law in both state and federal courts, see Robinson Twp. v. Commonwealth, 52 A.3d 463 (Pa. Cmwlth. 2012), aff’d in part, rev’d in part, 83 A.3d 901 (Pa. 2013), on remand at, 96 A.3d 1104 (Pa. Cmwlth. 2014); Rodriguez v. Abruzzo, 29 F. Supp. 3d 480 (M.D. Pa. 2014), aff’d, 2015 U.S. App. LEXIS 4126 (3d Cir. Mar., 16, 2015).
• Conducted extensive internal investigation for government defense contractor into allegations of irregularities and improprieties in the federal government contracting process. Role in the investigation included interviewing more than fifteen current and former employees of the defense contractor and being the primary drafter of the investigative report.
• After unsuccessfully arguing ERISA preemption in the Pennsylvania Superior Court in a breach of contract case brought by former employees against an employer, successfully appealed the case to the Supreme Court, which reversed and entered judgment in favor of the employer. The former employees then filed a petition for writ of certiorari with the United States Supreme Court, which was denied, see Barnett v. SKF USA, Inc., 38 A.3d 770 (Pa. 2012), writ of certiorari denied, 133 S. Ct. 427 (2012).
• Represented multi-national energy company in investigation being conducted by the Pennsylvania Office of Attorney General into allegations of underpaid gas royalties.
• Conducted internal investigations for several charter schools related to allegations of the misappropriation and misuse of school funds, hostile work environment, cyber-bullying, corporal punishment and grade manipulation.
• Represented State Senate Republican Caucus and approximately 60 current and former employees of the State House Democratic Caucus before the grand jury and at trial in connection with the Pennsylvania Attorney General’s Bonusgate investigation.
• Represented State Senate Republican Caucus in connection with the Allegheny County District Attorney’s investigation and prosecution of former State Senator and former State Supreme Court Justice.
• Successfully represented national supermarket chain in administrative appeals related to certification under the Special Supplemental Nutrition Program for Women, Infants and Children.
• Represented school entities and employees in connection with investigations by state and federal authorities into allegations of cheating on state standardized tests.
• Successfully represented the Archdiocese of Philadelphia in a contribution and indemnification action brought by the world’s largest elevator company.
• Successfully represented insurance company in dismissal of class action involving massage therapists who sought reimbursement from insurer for their unlicensed treatment of therapeutic massage, see Keiper v. Progressive Cas. Ins. Co., 2007 Phila. Ct. Com. Pl. LEXIS 283 (2007).
• Represented charter schools in attempts by school districts to impose illegal student enrollment caps, see Foreman v. Chester-Upland Sch. Dist., 941 A.2d 108 (Pa. Cmwlth. 2008); Sch. Dist. of Phila. v. Dep’t of Educ., 92 A.3d 746 (Pa. 2014).
• Successfully represented State Senator in dismissal of Section 1983 action brought by animal rights activist, see Showalter v. Brubaker, 493 F. Supp. 2d 752 (E.D. Pa. 2007).
• Successfully represented former insurance broker in fraud and breach of fiduciary action brought by insured, see Fava v. Transamerica Life Ins. & Annuity Co., 2007 U.S. Dist. LEXIS 50871 (2007).
• Successfully represented drug manufacturer in class action alleging fraudulent, deceptive, and misleading labeling and advertising, see Lawton v. Basic Research, 2011 U.S. Dist. LEXIS 36169 (2011).