Mark R.Seiden

Partner

New York + 1.212.326.3451

Mark Seiden has successfully represented clients in product liability, commercial litigation, and complex civil litigation in courts throughout the United States. Since 2010, he has served as trial counsel in more than a dozen jury trials.

Mark's representation of R.J. Reynolds Tobacco Company spans more than a decade and includes a wide variety of cases including putative class actions, third-party payor lawsuits, individual product liability cases, marketing and unfair practices claims, and alleged international money laundering.

On behalf of Macy's, Mark led a Jones Day team that successfully opposed — both at the trial and appellate courts — a request for certification of a nationwide class of vendors pressing claims under UCC Article 2. On behalf of IBM, he successfully argued before the New York Court of Appeals that alleged soil and groundwater contamination did not constitute a material breach of a commercial lease. He also represented IBM on a number of insurance coverage matters.

In addition, Mark has significant experience representing asset-based lenders, including factors and A/R financiers.

Mark is deeply committed to working on pro bono matters and serves as the New York Office's pro bono coordinator. He has developed deep experience in international child abduction matters, representing parents in Europe, South America, Mexico, and the Caribbean. Mark has served as practice coordinator for the office's New Lawyers Group for more than half a decade.

Mark is an adjunct professor of law, teaching a pretrial practice seminar at Cardozo Law School.

Experience

R.J. Reynolds prevails in U.S. Supreme Court on geographic scope of Civil RICO
Jones Day successfully represented the petitioners in a major U.S. Supreme Court decision restricting the extraterritorial application of the Racketeer Influenced and Corrupt Organizations Act (RICO).

ACI Worldwide wins declaratory judgment granting all requested relief in software licensing dispute
Jones Day client ACI Worldwide Corp. ("ACI") won a declaratory judgment granting all of ACI's requested relief against defendant Churchill Lane Associates, LLC ("Churchill") in a case arising from a dispute between the parties concerning software licensing royalties.

Pro bono team wins motion to dismiss for lack of personal jurisdiction for Indie Rock Band
A team from Jones Day New York obtained dismissal of a complaint against three Chicago performing artists, brought by the former manager of their band.

R.J. Reynolds wins jury verdict in Anderson ''Engle progeny'' lawsuit
On January 24, 2014, a jury in state court in Tampa, Florida returned a verdict in favor of Jones Day client R.J. Reynolds Tobacco Company in a wrongful death case finding that the decedent smoker was not an Engle class member.

Jones Day attorneys successfully represent U.S. Air Force servicemember wrongfully named in child support suit
D.W., a Senior Airman in the U.S. Air Force, received a summons from the New York Department of Social Services ("DSS") to appear at a child support hearing in New York County (Manhattan) Family Court.

Jones Day attorneys secure return of child to mother in Dominican Republic pursuant to the Hague Convention on the Civil Aspects of International Child Abduction
Five-year-old E.M.H.B (the "Child") was returned to his mother in the Dominican Republic on January 17, 2014 after being wrongfully retained by his father in Perth Amboy, New Jersey since January 3, 2013.

R.J. Reynolds wins jury verdict in Frailey ''Engle progeny'' lawsuit
On June 28, 2012, after almost three weeks of trial, a state court jury in Jacksonville, Florida returned a verdict in favor of Jones Day client R.J. Reynolds Tobacco Company.

NACCO resolves claims against Harbinger hedge funds
In 2006, Applica Incorporated terminated its merger agreement with Jones Day client NACCO Industries, Inc. in favor of a competing offer from the Harbinger hedge funds.

Father ordered to return sons to mother in UK
Following a four-day bench trial in the Eastern District of New York earlier in 2010, Jones Day New York attorneys Lauri Sawyer, Jonathan Muenkel, Caryn Wolfe, Matt Chow and Eric Jacobi successfully reunited a mother in England with her two children who had been wrongfully detained in New York.

R.J. Reynolds wins jury verdict in Budnick ''Engle progeny'' lawsuit
Jones Day successfully represented R.J. Reynolds Tobacco Company in an "Engle progeny" lawsuit.

Father succeeds in the return of his four-year old son, who had been abducted by his mother and taken to New York City, to the Cayman Islands
On December 5, 2008, Jones Day New York filed suit on behalf of Mr. W in the United States District Court for the Eastern District of New York, seeking the immediate return of his four-year-old son to the Cayman Islands under the Hague Convention on International Child Abduction after the son was abducted by the child's mother and taken to New York.

Macy's defends against bankrupt former vendor's putative class action alleging improper expense offsets and discounts
Jones Day represented Macy's Inc. in a putative class action brought by a bankrupt former vendor on behalf of vendors of all of Macy's divisions.

IBM successfully appeals environmental contamination ruling
Jones Day represented International Business Machines Corporation (IBM) in the successful appeal of an environmental contamination ruling involving land around a property formerly leased by IBM from South Road Associates (SRA).

R.J. Reynolds obtains dismissal of hospitals' claims seeking to recover health care costs
In state trial court in New York, Jones Day obtained dismissal of the hospitals' claims against R.J. Reynolds Tobacco Company, seeking to recover the unreimbursed costs of providing health care to smokers, on the ground that such claims are too remote as a matter of law.

IBM pursues litigation for coverage of defense costs and indemnity for toxic tort claims
Jones Day successfully represented International Business Machines Corporation in an insurance coverage case against Liberty Mutual and Zurich Insurance Company for coverage of defense costs and indemnity in connection with toxic tort claims asserted against it.

R. J. Reynolds granted motion to dismiss reimbursement claim
Jones Day successfully represented R.J. Reynolds Tobacco Company in its motion to dismiss reimbursement claim.

Loewen Group International and 870 affiliated entities file for chapter 11
Jones Day represented Loewen Group International, Inc., and 870 of its affiliated entities in its chapter 11 restructuring.

Additional Publications

  • November 14, 2008Early Case Assessment, The Back Page, New York law Journal
  • September 12, 2008Preparing For A Preliminary Conference In Court, The Back Page, New York Law Journal
  • July 2008Finalizing a Brief or Memo of Law, The Back Page, New York Law Journal
  • May 9, 2008Opportunity to Act as Local Counsel, The Back Page, New York Law Journal
  • March 14, 2008Drafting Winning Affidavits, The Back Page, New York Law Journal
  • January 18, 2008Moving For Summary Judgment, The Back Page, New York Law Journal
  • November 9, 2007Perfecting State Court Appeals, The Back Page, New York Law Journal
  • September 14, 2007Enforcing Hard-Earned Judgments, The Back Page, New York Law Journal
  • July 13, 2007Answering A Notice To Admit, The Back Page, New York Law Journal
  • May 11, 2007Deposing an Opponent's Expert, The Back Page, New York Law Journal
  • March 9, 2007Drafting Interrogatories, The BackPage, New York Law Journal
  • January 12, 2007Leading a New Action, The Back Page, New York Law Journal
  • September 8, 2006Filing Voluminous Motion Papers, The Back Page, New York Law Journal
  • July 14, 2006Retaining Expert Witnesses, The Back Page, New York Law Journal
  • May 12, 2006More Effective Deposition Preparation, NewYork Law Journal
  • March 10, 2006Preparing for Oral Argument, New York Law Journal
  • January 13, 2005Reviewing the Rules, The Back Page, New York Law Journal
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