District of Columbia
University of Virginia, J.D., 2009, Order of the Coif; Editor, Virginia Law Review
Harvard College, A.B., magna cum laude, 2005
Mark Hiller litigates commercial and appellate cases in federal and state courts throughout the country. He has represented clients in high stakes matters such as securities class action, False Claims Act and fraudulent conveyance lawsuits, as well as government investigations. Mark also has authored briefs in federal and state appellate courts on diverse issues, including bankruptcy, constitutional, and criminal law.
Examples of Mark's trial level work include obtaining dismissals with prejudice, prior to any discovery, of two False Claims Act lawsuits. His appellate work includes representing a former U.S. congressman in the Fourth Circuit appeal of his conviction on bribery and wire fraud counts, and arguing a complex issue of appellate jurisdiction in the Tenth Circuit.
Mark previously served as law clerk to Justice Sonia Sotomayor of the U.S. Supreme Court and to Judge Robert D. Sack of the U.S. Court of Appeals for the Second Circuit. Before joining Robinson Bradshaw, he practiced law in Washington, D.C., where he represented Fortune 500 companies, hedge funds and individuals.
Securities Class Action Litigation
Defended a health care provider in a major securities class action. Garden City Employees' Retirement System v. Psychiatric Solutions, Inc., No. 09-cv-882 (M.D. Tenn.).
False Claims Act
Obtained dismissal with prejudice of qui tam action brought against hospital. In an issue of first impression in the Tenth Circuit, persuaded the district court that compliance with federal clinical laboratory regulations is not a precondition to receiving Medicare reimbursement. United States ex rel. Hansen v. Deming Hosp. Corp., No. 11-cv-566 (D.N.M.).
Obtained dismissal with prejudice of qui tam action brought against defense contractor alleging violations of contract requirements. United States ex rel. Marquis v. Northrop Grumman Corp., No. 09 C 7704 (N.D. Ill.).
Represented a large health care provider in qui tam actions seeking recovery of attorney's fees by realtors' counsel. United States ex rel. Doghramji v. Community Health Systems, Inc., No. 11-cv-442 (M.D. Tenn.).
Bankruptcy and Creditor Litigation
Represented an investment fund as plaintiff in a fraudulent conveyance action against Brazilian construction companies alleging the unlawful transfer of hundreds of millions of dollars of assets. Huxley Capital Corp. v. OAS S.A., No. 15-cv-1637 (S.D.N.Y.).
Co-represented a litigation trust in a multibillion-dollar lawsuit asserting fraudulent conveyance and other claims arising out of bankruptcy of the Tribune Media Company. Kirschner v. Fitzsimons, 12-cv-2652 (S.D.N.Y.).
Successfully defended the liability portion of a $500 million judgment obtained in an adversary proceeding by unsecured creditors in the bankruptcy of a large Florida homebuilder; litigation on certain remedial issues is continuing in the district court. Official Comm. of Unsecured Creditors of TOUSA, Inc. v. Citicorp N. Am., Inc. (In re TOUSA, Inc.), No. 11-11071 (11th Cir.).
Represented certain unsecured creditors in the bankruptcy of a large coal company. In re Patriot Coal Corp., No. 12-51502 (Bankr. E.D. Mo.).
Represented creditors in a complex dispute with a large Ukranian power company seeking to force an amendment to the terms of its New York law bonds using United Kingdom insolvency law.
Represented a large defense contractor in an investigation by a U.S. Attorney's Office.
Represented an automotive executive in an investigation by a U.S. Attorney's Office.
Represented two employees of a Japanese company in an investigation by the Antitrust Division of the Department of Justice.
Represented former U.S. Congressman William Jefferson in the Fourth Circuit appeal of his conviction on bribery and wire fraud counts. United States v. Jefferson, No. 09-5130 (4th Cir.).
Argued a pro bono appeal in the Tenth Circuit involving a complex question of federal appellate jurisdiction over interlocutory appeals in the qualified immunity context. Leatherwood v. Welker, No. 13-6152 (10th Cir.).
Has been the principal author of amicus or merits briefs, including in the U.S. Supreme Court.
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- Can a Class Action Proceed when the Named Plaintiff’s Claim Becomes Moot? A Recent View from the North Carolina Business CourtApril 7, 2017Carolinas Class Action Blog
- Feb. 17, 2016Robinson Bradshaw Publication
- U.S. Supreme Court Decides Class Action “Pick Off” Case In Favor Of Plaintiff, But Leaves Open The Possibility Of A Different Result In Future CasesFeb. 1, 2016Carolinas Class Action Blog
- U.S. Supreme Court Rebukes California Court for Failing to Enforce an Arbitration Agreement with a Class-Arbitration WaiverDec. 16, 2015Carolinas Class Action Blog
- Nov. 3, 2015Carolinas Class Action Blog
- Sept. 16, 2015Carolinas Class Action Blog
- Law Clerk, The Honorable Sonia Sotomayor, Supreme Court of the United States, 2011-12
- Law Clerk, The Honorable Robert D. Sack, U.S. Court of Appeals for the Second Circuit, 2009-10