Mark A. Fiore

Representing the world’s largest generic pharmaceutical manufacturer, Mark served as lead and trial counsel in the National Prescription Opiate Litigation, which included trials in California, New York, and West Virginia, as well as a federal multidistrict litigation (MDL) including more than 3,000 cases and numerous other state cases across the country. The California team achieved a complete defense verdict. The New York trial—which lasted seven months—is considered by many to be the longest known jury trial in New York state history; it is currently in the post-trial motion phase. The West Virginia trial lasted 10 weeks and settled on the eve of closing arguments. 

Mark also served on the litigation and trial teams for the first two bellwether opioid cases in the United States, including State of Oklahoma, ex rel. Mike Hunter, Attorney General of Oklahoma v. Purdue Pharma, et al., in which the team’s aggressive strategy and approach to discovery led the state to drop its claims for violations of the Oklahoma False Claims and Consumer Fraud Acts, as well as its jury demand, at the close of discovery. The matter was ultimately resolved on the eve of a nationally televised 10-week trial for less than one-half of one percent of the State of Oklahoma’s $17 billion damages claim. 

In In re National Prescription Opiate Litigation, MDL No. 2804—the federal opioid MDL pending in the US District Court for the Northern District of Ohio—Mark served as the lead associate for the Track 1 bellwether trial in which the plaintiffs sought more than $8 billion in damages on behalf of just two Ohio counties under theories of public nuisance, fraud, RICO, and violations of the federal Controlled Substances Act. The federal judge overseeing the opioid MDL called it “perhaps the most complex constellation of cases that have ever been filed” in the United States. The bellwether trial ultimately resolved on the morning that opening statements were set to be delivered in Cleveland, for a small fraction of the initial demand. 

Mark previously clerked with the Grand Jury and Major Crimes units of the Pennsylvania Office of Attorney General. While in law school, he won the Rutgers Law mock trial competition and served as a member of the Rutgers National Trial Advocacy Team. His pro bono practice focuses on aiding US military veterans through the Military Assistance Project, as well as representing indigent criminal defendants in state court proceedings.

• Represented an international e-commerce company in multiple Department of Labor investigations concerning alleged health and safety violations in distribution facilities throughout North America. Successfully convinced government regulators that no charges were warranted and/or that citations should be vacated after issuance. 
• Represented a real estate developer in a multimillion dollar CERCLA cost recovery action against the United States Department of Justice – Environment and Natural Resources Division.   
• Defended an international food processing company in a federal class action alleging civil RICO violations. 
• Represented a closely-held international produce distributor in a complex oppressed shareholder action resulting in the dismissal of multiple claims and the dissolution of the minority shareholder’s interest.
• Represented a regional health club chain in a class action brought under the NJ Consumer Fraud Act, Health Club Services Act, Consumer Contract Warranty and Notice Act and the Retail Installment Sales Act. 
• Represented the Chapter 7 Trustee of a liquidating trust in the prosecution of over $11 million in clawback claims for preferences and fraudulent transfers.
• Represented an international staffing firm in the defense of federal employment discrimination claims resulting in a favorable settlement prior to trial.
• Represented a commercial developer in a federal mortgage and bank fraud investigation resulting in a corporate plea for nominal restitution and no individual charges.