Mark A. Fiore

Representing the world’s largest generic pharmaceutical manufacturer, Mark served as trial counsel in the first jury trial in the United States related to the national opioid abuse epidemic, which took place in the New York Supreme Court, Suffolk County. Mark also served as the lead associate on the trial teams for the first two civil cases in the United States related to the opioid epidemic to reach the trial phase, 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 1% of the State of Oklahoma’s $17 billion damages claim.

In In re National Prescription Opiate Litigation, MDL No. 2804 – the federal opioid multidistrict litigation 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 multidistrict litigation (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 opening statements were set to be delivered in Cleveland, for a small fraction of the initial demand.

Mark’s experience at both mid-size and large law firms, as well as his time clerking with the Grand Jury and Major Crimes units of the Pennsylvania Office of Attorney General, informs his approach as a versatile, pragmatic, and aggressive litigator. 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 assisting United States military veterans through the Military Assistance Project, as well as the representation of 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.