Mark Krum is a partner in the firm's Litigation Practice Group. He handles a broad range of high stakes complex business disputes, including contests for corporate control and securities litigation, and advises clients with respect to corporate governance matters, SEC investigation and SOX matters, among other things.
Prior to joining the firm Mark was a partner with Glaser Weil Fink Jacobs Howard Avchen & Shapiro LLP. He previously was an associate of Weil, Gotshal & Manges in New York, and Lord, Bissell & Brook in Chicago.
- Represented public companies and directors and officers thereof, investment advisors and private investors in formal and informal SEC investigations.
- Represented special committees and special litigation committees of both public and private companies.
- Represented a former officer and director of Gemstar-TV Guide International, Inc. ("Gemstar") in a civil action brought by the SEC for alleged violations of Section 13(a) of the Exchange Act and Rules 12b-20, 13a-1, 13a-11 and 13a-13, and in a related shareholder derivative action alleging breach of fiduciary duty claims, among others. A consensual resolution was reached with the SEC, which successfully pursued through trial and appeal its claims against two other officers. The derivative action was settled.
- Represented Tracinda Corporation, as plaintiff, in a billion dollar securities action against DaimlerChrysler AG, among others. Plaintiff alleged violations of Sections 10(b), 14(a) and 20(a) of the Exchange Act, among others, arising from the "merger of equals" between Chrysler and Daimler-Benz. After plaintiff successfully opposed motions to dismiss and for summary judgment, and after the tag-along shareholder class action settled for $350 million, the defendants prevailed following a bench trial.
- Represented Mandalay Resort Group ("Mandalay") and its directors in a putative shareholder class action in which the amended complaint alleged breaches of fiduciary duty against the directors based on their votes to accept an offer from MGM MIRAGE to acquire Mandalay at a price which the plaintiffs contended was inadequate. The case was dismissed on motion at the pleading stage.
- Represented Stratosphere Corporation ("Stratosphere") and its directors in an action in which the plaintiffs asserted violations of Section 10(b) of the Exchange Act based on allegations that the defendants misrepresented the nature and availability of shareholder interests in Stratosphere’s initial public offering. The case was dismissed on motion at the pleading stage and that dismissal was affirmed by the Ninth Circuit.
- Represented Fidelity National Financial, Inc. in a shareholder derivative action, in which the plaintiffs asserted breach of fiduciary duty claims based on allegations of improper commission practices which allegedly resulted in misleading financial reporting. The lawsuit was dismissed on motion at the pleading stage.
- Represented an outside director of First Executive Corporation and Executive Life Insurance Company in the respective securities class actions and policyholder class actions (both of which were settled) and in a separate action brought by the California Insurance Commissioner (which resulted in a defense verdict).
- Represented plaintiff shareholders of an issuer whose stock traded over the counter in asserting claims under Section 10(b) of the Exchange Act for market manipulation against persons who had purchased so-called "toxic convertible" securities from the issuer. A confidential settlement was reached.
- Represented a plaintiff shareholder of an issuer whose stock traded over the counter in asserting direct claims under Section 10(b) of the Exchange Action and for fraud, as well as a derivative claim for breach of fiduciary duty, against the issuer's directors and officers and others. A verdict in the plaintiff's favor was obtained.
- Represented an internationally recognized real estate developer in proceedings in which condominium purchasers claimed to have been sold securities in violation of the federal securities laws.
- Represented public companies in SOX whistleblower proceedings arising from alleged securities law violations.
- Represented a private equity fund in an action against a public company arising from alleged breaches of post-closing operational covenants related to earn-out type payments in a stock purchase agreement. A confidential settlement was reached.
- Represented a private equity fund in various cases involving breach and/or enforcement of post-closing provisions in stock and asset purchase agreements, including purchase price adjustment provisions.
- Represented a private company in an action against a former executive for breach of fiduciary duty and misappropriation of a corporate opportunity. A confidential settlement was reached.
- Represented individuals in various intracorporate and partnership disputes, including one action in which a summary judgment dissolving a limited liability partnership was obtained within months of commencing the action.
- Represented companies in various actions involving claims of misappropriation of trade secrets and unfair competition.
- Represented both lenders and borrowers in separate actions arising from defaults under loan agreements, forbearance agreements and other such agreements, as well as alleged mortgage fraud.
- Represented sureties and senior executives of lenders in separate actions arising from "turnkey" and structured investments, in which the investors made fraud claims, among others, against the offeror, its executives and the providers of financing, among others.
- Represented equity investors and "sweat equity" investors in various ventures, including single purpose investment vehicles, in which breach of contract and business tort claims have been brought.
- Advised public companies with respect to matters of state corporate law, including with respect to indemnification, advancement of fees and costs and related issues.