Mark A. Robertson

Partner
Norton Rose Fulbright US LLP

New York
United States
T:+1 212 318 3304
New York
United States
T:+1 212 318 3304
Mark A. Robertson

Mark A. Robertson

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Biography

Mark Robertson is a partner in the New York office. He was resident in the Houston office for 12 years before moving to New York in 2001.  Mr. Robertson is a trial lawyer who has tried cases in which claims were asserted for antitrust violations, breach of contract, violations of consumer protection statutes, breach of trade secrets, fraud, business torts, intellectual property violations, and other claims.  

He has tried cases before juries, judges, and domestic and international arbitration panels.  He regularly handles lawsuits related to trusts, wills and estates in Surrogate's Court. He has represented clients in a wide variety of governmental investigations including federal grand jury investigations, investigations by state attorneys general, and investigations by the United States Department of Justice. He also counsels clients on antitrust issues related to both transactions and trade associations.  

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


Professional experience

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JD, Columbia University School of Law, 1989
BA, Southern Methodist University, 1985

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.

  • New York State Bar
  • Represent a corporation sued in the Supreme Court of New York related to an earn-out provision in a contract for the purchase of corporate assets.  The seller alleges that the buyer breached the contract by failing to use its commercially reasonable efforts to meet the maximum amount of the earn-out, committed fraud in the inducement, and breached the covenant of good faith and fair dealing.
  • Represent an art gallery and its corporate owners in a series of lawsuits brought by purchasers of artwork.  The art was identified as being painted by famous abstract expressionist painters, although the artists did not paint the works.  The cases include claims for fraud, breach of warranty, RICO violations, and alter ego.  The cases were filed in the United States District Court for the Southern District of New York and in New York Supreme Court.
  • Represented a foreign based international oil and gas company in the United States District Court for the Southern District of New York. The plaintiffs claimed they were owed billions of dollars related to oil and gas fields in Kazakhstan on an unjust enrichment claim.  The Court granted summary judgment for the client and the United States Court of Appeals for the Second Circuit affirmed.
  • Represented an international energy company in a fraud and breach of contract case in the United States District Court for the Northern District of Ohio.  The Court granted partial summary judgment for the client and the matter was favorably resolved.
  • Represented 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.  The case was successfully settled.
  • 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 on the briefs before the United States Supreme Court in a case dealing with subject matter jurisdiction.  The firm's client prevailed.  He represented the client on the successful dismissal in the district court. 
  • 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

  • Represent a global pharmaceutical company in a putative antitrust class action consolidated in a multidistrict litigation in the United States District Court for the Eastern District of Pennsylvania.  The plaintiffs allege that generic drug manufacturers have colluded to fix, stabilize and raise prices and allocate markets of generic drugs purportedly in violation of the antitrust laws.
  • Represent a disposable contact lens manufacturer in putative class actions that are consolidated in a multidistrict litigation in the United States District Court for the Middle District of Florida.  The plaintiffs allege horizontal price fixing among contact lens manufacturers and allege vertical resale price maintenance purportedly in violation of the Sherman Act and state antitrust laws. 
  • Represented 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 were dismissed under the filed rate doctrine, the state action doctrine, the McCarron-Ferguson Act and Twombly.  The Second, Third, Fifth and Sixth Circuits affirmed the dismissals.   
  • 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.
  • Legal 500 US, recommended lawyer, Antitrust: Civil Litigation/Class Actions: Defense, The Legal 500, 2019
  • New York Metro Super Lawyer, Business Litigation, Thomson Reuters, 2011, 2015 - 2019
  • Recipient, Global Inclusion Award, Norton Rose Fulbright, 2019
  • Super Lawyers Business Edition, Litigation, Thomson Reuters, 2012 
  • Co-Author with Geraldine Young and Abraham Chang, Legal Update:  Vitamin Anitrust Price Fixing Litigation Update: The Effect of a Foreign Government's Interpretation of its Own Laws is Now Limited, June 20, 2018.  Nominated for the 2019 Antitrust Writing Awards.
  • Co-Author with Abraham Chang, Layne Kruse and Geraldine Young, Legal Update: China's role in US antitrust litigation: When should a US court defer to a foreign government's interpretation of its law?, February 12, 2018
  • Co-Author with Layne Kruse and Geraldine Young, Legal Update: Chinese Companies Win - Antitrust Judgment Vacated on Comity Grounds, September 21, 2016, nominated for 2018 Antitrust Writing Awards
  • Co-author, "Top Antitrust Concerns for Chinese Companies," The Asian Lawyer, July 2014
  • 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
  • "Hot Antitrust Issues in Financial Services," Norton Rose Fulbright, New York, NY, February 1, 2018
  • "Business Litigation Summit," Chair, Norton Rose Fulbright, New York, NY, November 8, 2017
  • "Psychology of a Rogue Employee: What Drives an Individual to Join an Antitrust Cartel," Panelist, Norton Rose Fulbright, New York, NY, November 2, 2017
  • "Breaking Into Arbitration," NYU International Arbitration Association, Panelist, New York, NY, October 25, 2017
  • NYU International Arbitration Association Mock Arbitration Presentation, Instructor, New York, NY, September 28, 2016
  • "Key U.S. Antitrust Issues for the Canadian M&A Lawyer," with Neely Agin, Toronto in-house seminar, October 7, 2014
  • "M&A in 2013:  Investment Banking Engagement Letters," with Mara Rogers, Webinar, October 17, 2013
  • "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
  • American Bar Association
    • Antitrust Section
    • Litigation Section
  • New York Bar Association
  • Association of the Bar of the City of New York
  • Houston Bar Association
    • Antitrust & Trade Regulation Section, Chair (1998 - 1999)
  • Southern Methodist University Alumni Board 2006 - 2009
  • First Presbyterian Church in the City of New York, Elder, Member of Session
  • Human Rights Campaign, Board of Governors 2005-2010
  • Pi Kappa Alpha Foundation, Board of Trustees, 2008-current, President (2015-2017)
  • Pi Kappa Alpha, International Parliamentarian 1998, 2004, 2006, 2008, 2010
  • Queens Legal Services, Board of Directors, 2013-current, President (2018-current)
  • He has hiked the Inca Trail in the Peruvian Andes, hiked the Himalayas in Bhutan, and run with the bulls in Pamplona