Mark A. Hiller

Class Actions

• Defended a hospital in a proposed class action in the North Carolina Business Court concerning the assignment of certain insurance benefits. The firm secured dismissal of the complaint.

• Defended a client in a proposed ERISA class action in the U.S. District Court for the Eastern District of North Carolina concerning severance benefits. The firm secured dismissal of the complaint.

• Defends a global infrastructure company in a putative class action in federal court alleging violations of ERISA and the LMRA relating to the provision of health benefits for retirees.

Other Litigations & Arbitrations

• Defended a life science company in a federal lawsuit alleging breach of contract.

• Defended an industrial gas supplier in a federal lawsuit alleging misappropriation of trade secrets, business torts, and unfair trade practices.

• Represented a global company as claimant in an arbitration of a breach of contract claim.

• Defended a large bank against an effort to enforce a foreign judgment against it in the United States.

• Obtained dismissal with prejudice of a False Claims Act qui tam action brought against a 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.

Government Investigations

• Helped represent a large defense contractor in an investigation by a U.S. Attorney's Office.

• Helped represent a business executive in an investigation by a U.S. Attorney's Office.

• Helped represent two employees of a foreign company in an investigation by the Antitrust Division of the Department of Justice.

Appeals

• Successfully argued a Fourth Circuit appeal opposing the issuance of a preliminary injunction in a putative ERISA and LMRA class action.

• Represented a bank in an appeal from a judgment imposing liability for unfair and deceptive trade practices and breach of the implied duty of good faith and fair dealing.

• Represented a former U.S. congressman in the Fourth Circuit appeal of his conviction on bribery and wire fraud counts.

• 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.

• Helped defend the liability portion of a $500 million judgment obtained in an adversary proceeding by unsecured creditors in the bankruptcy of a Florida homebuilder.

Honors & Recognitions

Professional Affiliations

News

Events

Publications