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Fulbright & Jaworski L.L.P.

Mark Robertson, Robertson, Fulbright & Jaworski L.L.P., Fulbright & Jaworski, Fulbright and Jaworski, Fulbright, antitrust, contract litigation, fraud litigation, grand jury investigations, intellectual property litigation, international arbitration, securities fraud, state attorney general investigations, white collar crime, ICC, UNCITRAL, AAA, ad hoc rules, healthcare, oil and gas production and marketing, computer software and hardware, telecommunications, insurance, consumer products, trade associations, breach of contract, civil rights, New York
Mark A. Robertson - Fulbright & Jaworski LLP
Mark A. Robertson
Partner
D: +1 212 318 3304
New York
666 Fifth Avenue
New York, NY 10103-3198
T: +1 212 318 3000
F: +1 212 318 3400
AREAS OF CONCENTRATION
  • Intellectual Property Litigation
  • International and Domestic Arbitration
  • Trust & Estate Litigation
  • State Attorney General Investigations
EXPERIENCE

Mr. Robertson is a partner in the New York location of Fulbright & Jaworski L.L.P. Mr. Robertson, who was resident in the Houston location for 12 years before moving to New York, practices in the area of business litigation including antitrust, contract litigation, consumer protection, trade secrets and business torts. He regularly handles lawsuits related to trusts, wills and estates in Surrogate's Court. He has handled domestic and international arbitrations in contract, tort and intellectual property matters under the ICC, UNCITRAL, AAA and ad hoc rules. He has represented clients in a wide variety of governmental investigations including federal grand jury investigations, investigations by various state attorneys general and investigations by the United States Department of Justice. 

Mr. Robertson's broad-based experience extends to companies in a variety of industries including healthcare, aggregates, oil and gas, energy, computer software and hardware, telecommunications, insurance and consumer products. He also counsels clients on antitrust issues related to both transactions and trade associations. He has tried cases to juries and nonjuries.

He is a member of the firm's antitrust & competition practice group, the arbitration practice group, the governmental investigations practice group and the trusts and estates practice group.

REPRESENTATIVE EXPERIENCE
  • Represents a foreign based international oil and gas company in the United States District Court for the Southern District of New York. The plaintiffs claim they are owed billions of dollars related to oil and gas fields in Kazakhstan on an unjust enrichment claim.  The Court granted summary judgment.
  • Represents an international energy company in a fraud and breach of contract case in the United States District Court for the Northern District of Ohio.
  • Represents a plaintiff private equity fund in a breach of contract and fraud case in the United States District Court for the Southern District of New York.
  • Represented an investment bank in a fraud and breach of contract case in New York state court. The dismissal granted by the trial court was affirmed through the state court system. The plaintiff's petition for certiorari before the United States Supreme Court was denied.
  • Represented an international energy company in a purported class action in New York state court where the plaintiff class alleged that a gift card program violated the New York consumer protection act.  The case settled on favorable terms.
  • Mr. Robertson appeared before the United States Supreme Court in a case dealing with subject matter jurisdiction.  The firm's client prevailed.
  • Represented a plaintiff in an Alien Tort Claims Act and Torture Victim Protection Act case in the United States District Court for the Southern District of New York where the client obtained a judgment with punitive damages after a jury trial.
  • Represented an equipment manufacturer third-party defendant in the United States District Court for the Northern District of New York. The third-party plaintiff alleged breach of contract, negligence and contribution. The breach of contract and negligence claims were dismissed with prejudice on the client's motion. The remaining claim was favorably settled.
  • Represented a pharmacy benefits management company in the United States District Court for the Southern District of New York in which the plaintiff alleged breach of contract, fraud and RICO violations. After the client filed a motion to dismiss, the case settled on favorable terms.
  • Represented an investment fund in the United States District Court for the Southern District of New York and obtained a mandatory temporary restraining order and preliminary injunction before settling on favorable terms.
  • Represented a major manufacturer of consumer goods as plaintiff in the United States District Court for the Eastern District of New York alleging that the defendants violated the Lanham Act and other statutes by manufacturing and distributing counterfeit products. Obtained a favorable settlement including a permanent injunction. 
  • Represented a major manufacturer of consumer products in a purported class action in the United States District Court for the Southern District of Florida.  The plaintiffs alleged RICO violations, negligence, fraud, breach of warranty and other claims.  The court dismissed the claims with prejudice after the client moved for dismissal.

Antitrust

  • Represents a title insurance carrier in over 75 different purported class action lawsuits claiming violations of Section 1 of the Sherman Act and the Real Estate Settlement Procedures Act (RESPA), among other claims. The cases were consolidated into 13 different cases in 13 states.  All cases have been dismissed under the filed rate doctrine, the state action doctrine, the McCarron-Ferguson Act and Twombly except a RESPA case in the Eastern District of New York and a case in the Eastern District of Pennsylvania where only an injunctive claim remains; motions to dismiss are pending in both cases.  The Second and Fifth Circuits affirmed dismissals.  Other appeals are pending. 
  • Represented an investment bank in a lawsuit brought in the Southern District of New York in which the plaintiffs alleged that the investment bank conspired to violate sections 1 and 2 of the Sherman Act, committed conversion, misappropriated trade secrets, breached its fiduciary duty, and breached a contract.  The court granted a motion to dismiss in favor of the firm's client.
  • Represented a wholesale pharmaceutical distributor in an antitrust case filed in the United States District Court for the Eastern District of New York in which the plaintiff alleged violations of Section 1 and Section 2 of the Sherman Act.  The Second Circuit affirmed.  Mr. Robertson was one of the two defense lawyers to argue before the Second Circuit on behalf of 26 defendants.
  • Represented an international energy company in a lawsuit filed by over 30 gasoline dealers in the United States District Court for the Southern District of New York alleging violations of the Petroleum Marketing Practices Act ("PMPA") and the Robinson Patman Act.
  • Represented a telecommunications company in an antitrust case filed in the United States District Court for the Eastern District of New York in which the plaintiff alleged violations of Section 1 and Section 2 of the Sherman Act.  After the district court dismissed the case, the appeal was dismissed. 
  • Represented a foreign based manufacturer of cosmetics in the United States District Court for the Eastern District of New York. The plaintiffs alleged that the client violated Sections 1 and 2 of the Sherman Act and the Donnelly Act by making claims of monopoly, conspiracy to fix prices, refusal to deal, and tying. After the client defeated the applications for temporary restraining order and preliminary injunction, the plaintiffs dismissed the lawsuit without payment by the firm's client.
  • Represented a telecommunications company in two antitrust cases filed in the United States District Court for the Eastern District of New York in which the plaintiff alleged violations of Section 1 and Section 2 of the Sherman Act.  The cases were dismissed.
  • Represented an energy company in a $1 billion parens patriae claim filed by the State of Hawaii in the United States District Court for the District of Hawaii alleging violations of Section 1 of the Sherman Act.  The case was settled.
  • Represented a fruit wholesaler in a case brought in the United States District Court for the District of New Jersey alleging violations of Section 1 of the Sherman Act.  The firm's client was voluntarily dismissed without having to make any payment.
  • Part of the trial team in a six week trial in Texas state court in a case where the plaintiff alleged violations of the Texas state antitrust laws and tortious interference.
  • Represented a hospital in Texas state court where the plaintiff alleged violations of the Texas state antitrust laws.  The firm's client prevailed after an evidentiary hearing on an application for a preliminary injunction.
  • Represented a consumer products manufacturer in an antitrust counterclaim in a patent infringement case in the United States District Court for the Western District of Washington.  The case settled the night before trial was to begin.
  • Represented a food distribution company in an antitrust criminal investigation and in subsequent antitrust civil lawsuits.
  • Represented a supplier of building materials in a criminal sentencing hearing and in subsequent antitrust civil lawsuits.
PROFESSIONAL ACTIVITIES and MEMBERSHIPS
  • American Bar Association
    • Antitrust Section
    • Litigation Section
  • New York Bar Association
  • Association of the Bar of the City of New York
  • District of Columbia Bar Association
  • State Bar of Texas
  • Houston Bar Association
    • Antitrust & Trade Regulation Section, Chair (1998 - 1999)
PROFESSIONAL HONORS
  • "New York Metro Super Lawyer," business litigation, Law & Politics (2011)
PUBLICATIONS
  • Contributor, Antitrust Jury Instructions, American Bar Association, 2005 edition
  • Contributor, Antitrust Evidence Handbook, American Bar Association Task Force of the Section of Antitrust Law
  • Co-author with Layne Kruse, Discovery Sanctions Under Federal Rule 37 and Texas Rule 215, 7th Annual Advanced Evidence and Discovery Course, State Bar of Texas
  • "No Bull, He Ran - Twice," New York Law Journal, June 2003
  • "A Texan Comes to Town," New York Law Journal, December 2002
  • Coordinating Editor, Civil Discovery Handbook, American Bar Association Antitrust Section, 2002 edition
  • Co-Author with Carl Vogt, "Compensating Victims of September 11 Terrorist Attacks," New York Law Journal, November 30, 2001
  • Contributor with William R. Pakalka and Layne E. Kruse, "Subject Matter Jurisdiction," Chapter of Federal Practice Guide: Federal Civil Procedure Before Trial - 5th Circuit
SPEECHES
  • "An Introduction to Probate & How to Avoid It," member of panel, New York City Bar Association, November 2, 2009
  • "Drafting to Win: How to Win the Will Contest at the Drafting Stage," New York City Trusts & Estates Mid-Level Associate Discussion Group, July 23, 2009
  • "Drafting to Win: How to Win the Will Contest at the Drafting Stage," New York City Trusts & Estates Senior Associate Discussion Group, February 26, 2009
  • "Drafting to Win: How to Win the Will Contest at the Drafting Stage," American Bar Association, National Teleconference, February 3, 2009
  • "Winning The Will Contest At The Drafting Stage: Tips From The Litigation Trenches," ABA Joint Fall Meeting of the Tax Section and Trust & Estate Law Division, San Francisco, CA, September 12, 2008
  • "Fourth Annual Litigation Trends Survey Findings," New York, NY, November 6, 2007
  • "Litigation, Arbitration, Mediation, Or A Combination?" New York State Bar Association Commercial & Federal Litigation Section, Spring Meeting, Lenox, MA, May 6, 2007
  • "Drafting An Effective International Arbitration Clause," Fulbright & Jaworski L.L.P., New York, NY, April 12, 2007
  • "Dealing with Electronic Discovery Under the 2006 Amendments to the Federal Rules," Association of Corporate Counsel, Greater New York Chapter, New York, NY, October 31, 2006
  • "Living with Electronic Discovery," Deloitte & Touche, New York, NY, March 29, 2004
  • "Effective Dispute Resolution Strategies for International Business Operations," The Conference Board, Council of Senior International Attorneys, Boston, MA, April 2004
  • "Antitrust Laws and You," written and oral presentation made to numerous clients and trade associations
  • "Corporate Crimes: The Rules Are Different," written and oral presentation to Houston Bar Association Antitrust & Trade Regulation Section; Houston Bar Association Corporate Counsel Section; and American Bar Association Criminal Justice Section White Collar Crime Committee - Southwest Region
EDUCATIONAL BACKGROUND

1989 - J.D., Columbia University School of Law
1985 - B.A., Southern Methodist University

While attending law school, Mr. Robertson was a Harlan Fiske Stone scholar.

He was admitted to practice law in Texas in 1989 and in New York in 2002.

INTERESTS

Mr. Robertson has hiked the Himalayas in Bhutan, hiked the Inca Trail in Peru and run with the bulls in Pamplona, Spain. He has invested in Tony award winning Broadway shows.

CIVIC INVOLVEMENT
  • Southern Methodist University Alumni Board 2006 - 2009
  • First Presbyterian Church in the City of New York, Elder
  • Human Rights Campaign, Board of Governors 2005-2010
  • Pi Kappa Alpha Foundation, Board of Trustees
  • Pi Kappa Alpha, International Parliamentarian 1998, 2004, 2006, 2008, 2010






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