Mark David McPherson

Mark David, a partner in Goodwin’s Complex Litigation & Dispute Resolution group, represents companies and individuals in their most difficult legal disputes. Mark David guides clients through complex litigation and regulatory investigations alike. With a recent focus on cases and investigations involving data security incidents and privacy laws, Mark David also has substantial experience litigating class actions and other high-stakes cases under state and federal securities laws, RICO, and consumer protection statutes. Mark David has deep experience advising companies on the protection of the attorney-client privilege and litigating personal jurisdiction in state and federal courts.

Mark David has a strong pro bono practice with a focus on immigration rights. He has helped two refugees obtain asylum in the United States, won a Second Circuit appeal saving an immigrant from removal proceedings, and submitted amicus briefs to U.S. federal appeals courts (including the Supreme Court) on behalf of immigrant rights groups in several high-profile cases.

Privacy and Data Security Investigations

• Led investigations concerning data security incidents and privacy practices for Fortune 500 companies.*

Privacy and Data Security Class Actions

• Defended and reached favorable settlements in consumer class action cases for industry-leading companies.*

Other Complex Litigation

• Lead defense of a global consulting firm in multidistrict litigation proceeding concerning the firm’s clients’ conduct.
• After winning dismissal of a global consulting firm from predecessor case filed in the Northern District of California for lack of personal jurisdiction, won dismissal of intentional tort and negligence claims based on the firm’s alleged work related to the Kingdom of Saudi Arabia, and successfully defended dismissal on appeal to the Second Circuit.*
• Won dismissal for lack of personal jurisdiction over all defendants in an investment dispute brought in California against entities and individuals in New York, New Jersey, and Texas.*
• Won dismissal for lack of personal jurisdiction over a global bank, and successfully defended the dismissal on appeal to the Ninth Circuit.*
• Won two trial victories for leading energy company in federal court preemption challenges to the constitutionality of state energy regulatory programs (victories later affirmed unanimously in the Supreme Court).*
• Won dismissal of a global computer manufacturer for lack of personal jurisdiction from litigation asserting claims under the Alien Tort Statute arising out of work more than 80 multinational companies allegedly performed in South Africa.*
• Won dismissal of claims challenging a rating agency’s ratings of auction rate securities.*
• Won dismissal of claims against a bank alleged to have aided and abetted Hezbollah by processing wire transfers from respondent bank in Lebanon, and successfully defended dismissal on appeal to the Second Circuit.*
• Successfully preserved all of a state-created pension fund’s NY-based assets from plaintiffs’ efforts to seize assets in satisfaction of judgment against the Palestinian Authority.*

*Denotes experience prior to joining Goodwin.

Prior to joining Goodwin, Mark David was a partner at Morrison Foerster.

Mark David writes and speaks frequently about attorney-client privilege and developments in privacy and data security litigation.