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Summary
Mark H. Moore is a trial lawyer with extensive courtroom and arbitral experience. He understands the importance of mastering complex sets of facts and providing clear and concise strategies and advice to guide the client forward. Mr. Moore’s areas of litigation span a range of matters, including employment disputes and cases involving executive contracts, non-compete provisions and claims of discrimination and sexual harassment, disputes in a university setting, including those related to Title IX, contract disputes and business torts; securities matters, including cases involving fraud, mergers and acquisitions, financial advisory agreements, collateralized mortgage and loan obligations, swaps and other derivative products and class actions; intellectual property issues, including copyright, trademark, design patent and trade secret disputes; and other commercial matters, including real estate and land use, trade regulation and partnership disputes.
Through thirty years of practice, he has successfully represented public companies, small and medium-sized businesses, non-profits, securities firms, shareholders, faculty, brokers, customers, investors, employees and insurance companies. He has conducted both trials and appeals in state and federal courts throughout the United States, including bankruptcy court, and has represented clients in arbitrations under the auspices of the Financial Industry Regulatory Authority and private arbitral forums. He has participated in numerous successful mediations of commercial and employment disputes.
He has received a Martindale-Hubbell AV Preeminent rating, a peer ranking of the highest level of professional excellence. He is admitted to practice in New York, the United States Courts of Appeal for the Second and Third Circuits and the United States District Courts for the Southern and Eastern Districts of New York.
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Education
Mr. Moore completed his B.A. at Michigan State University (with high honors, 1978) and his J.D. from Columbia University School of Law (1982), where he was Articles Editor for the Journal of Law and Social Problems.
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Service & Honors
Mr. Moore serves as a board member of the READ Alliance, a non-profit organization dedicated to teaching disadvantaged children vital reading skills. He was recently appointed to serve on the New York City Bar Arbitration Committee for a three-year term.
Mr. Moore has received a Martindale-Hubbell AV Preeminent rating.
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Reported Judicial Decisions
- Crawford v. ExlService.com, LLC, 2019 WL 5887214 (S.D.N.Y. 2019)
- Crawford v. ExlService.com, LLC, 2019 WL 6284228 (S.D.N.Y. 2019)
- Fidelity Information Services, Inc. v. Debtdomain GLMS Pte Ltd., 2012 WL 1681792 (S.D.N.Y. 2012)
- Municipal High Income Fund, Inc. v. Goldman, Sachs & Co., 21 Misc. 3d 1133(A) (N.Y. Sup. Ct. 2008)
- In re Aezah, 2008 WL 4831731 (E.D. Cal. 2008)
- American Express Travel Related Services Co., Inc. v. D & A Corp., 2007 WL 3217565 (E.D. Cal. 2007)
- American Express Travel Related Services Co., Inc. v. D & A Corp., 2007 WL 2462080 (E.D. Cal. 2007)
- Benefield v. Halmar Corp., 25 A.D. 3d 633 (N.Y. App. Div. 2006)
- Discover Bank v. New Vision Financial, LLC, 2005 WL 1865369 (S.D. Ohio, 2005)
- Tradewinds Financial Corp. v. Refco Securities, Inc., 5 A.D. 3d 229 (N.Y. App. Div. 2004)
- Generale Bank v. Bell Security, Inc., 293 A.D. 2d 273 (N.Y. App. Div. 2002)
- In re Louis W. Caprio, Jr. and Stephen R. Madow v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 2002 WL 1944505 (N.A.S.D 2002)
- Twin County Grocers, Inc., v. Food Curcus Supermarkets, Inc., Slip Copy, 2002 WL 31546519 (3d. Cir. 2002)
- Merrill, Lynch, Pierce, Fenner & Smith, Inc. v. Young, 1996 WL 383135 (S.D.N.Y. 1996)
- In re Clinton Street Food Corp., 254 B.R. 523 (S.D.N.Y. 2000)
- FDIC v. Bathgate, 27 F. 3d 850 (3d Cir. 1994)
- Chase Manhattan Bank, N.A. v. Remington Products, Inc., 865 F. Supp. 194 (S.D.N.Y. 1994)
- Chase Manhattan Bank, N.A. v. Remington, Inc., 1994 WL 707000 (S.D.N.Y. 1994)
- In re Drexel Burnham Lambert Group, Inc., 151 B.R. 49 (S.D.N.Y. 1993)
- Wiegand v. Berry Petroleum Co., 1991 WL 45361 (Del. Ch. 1991)
- Drexel Burnham Lambert Group, Inc. v. Microgenesys, Inc., 775 F. Supp. 660 (S.D.N.Y. 1991)
- Wiegend v. Berry Petroleum Co., 1989 WL 146235 (Del. Ch. 1989)
- Allen & Co. Inc. v. Shearson Loeb Rhoades, Inc., 67 N.Y. 2d 709 (N.Y. Ct. App. 1986)
- GAF Corp. v. Werner, 66 N.Y. 2d 97 (N.Y. 1985)
- GAF Corp. v. Werner, 106 A.D. 2d 41 (N.Y. App. Div. 1985)
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Selected Engagements & Publications
Mr. Moore has authored a number of articles on the application of the federal anti-hacking statutes to the workplace and to trade secret disputes.
Selected Articles & Publications
- “The First Department of New York’s Appellate Division Applies the Internal Affairs Doctrine to a Shareholder Dispute Brought Against a German Company on Behalf of its Shareholders” RPJ – August 1, 2023
- “Boring Supreme Court Decision on Jurisdiction Has Real Consequences for Litigants” RPJ – July 14, 2023
- “Case Against Netflix Proceeds Based on Invasion of Privacy” RPJ – June 28, 2023
- “Donald Trump’s Failed Attempt to Shield His Social Media Attacks From Libel Claims Of E. Jean Carroll Based on Section 74 of the New York Civil Rights Law” RPJ – April 28, 2023
- “The U.S. Supreme Court Rejects the Requirement of Prejudice For Waiver of Arbitration Under the FAA,” RPJ – May 23, 2022
- “Read Alliance to Hold Annual Benefit and Present its Vision Award to Vanity Fair Editor-in-Chief Radhika Jones,” RPJ – April 15, 2022
- “Illinois Mandates Vaccinations at All Institutions of Higher Education,” by Francie Diep, The Chronicle of Higher Education, featuring Mr. Moore – August 27, 2021
- “The US Supreme Court’s Indiana University Ruling Isn’t a Free Pass for Vaccine Mandates,” by Lila MacLellan, Yahoo! Finance, featuring Mr. Moore – August 19, 2021
- “The US Supreme Court’s Indiana University Ruling Isn’t a Free Pass for Vaccine Mandates,” by Lila MacLellan, Quartz, featuring Mr. Moore – August 19, 2021
- “Indictment of Trump Organization Executive Puts Focus on CFOs’ Liability,” by Mark Maurer and Kristin Broughton, The Wall Street Journal, featuring Mr. Moore – July 2, 2021
- “Indiana University Students Sue Over Covid-19 Vaccine Requirement,” by Francie Diep, The Chronicle of Higher Education, featuring Mr. Moore – June 22, 2021
- “The State of the Campaign to End Mandatory Arbitration of Sexual Misconduct Claims in Employment Agreements,” Westlaw Today, authored by Mr. Moore – June 16, 2021
- “Board Spotlight: Mark Moore,” Read Alliance, Interview with Mr. Moore – February 28, 2021
- “The New Risk Management,” The Chronicle of Higher Education, featuring Mr. Moore – January 22, 2021
- “U of Michigan Graduate Workers End Strike, but Pressure on University Remains,” by Natalie Schwartz, Education Dive, featuring Mr. Moore – September 17, 2020
- “Tuition-payers’ bill of rights proposes 6 protections,” by Natalie Schwartz, Education Dive, featuring Mr. Moore – August 17, 2020
- “Who Gets to Teach Remotely? The Decisions Are Getting Personal,” by Emma Pettit, The Chronicle of Higher Education, featuring Mr. Moore – June 22, 2020
- “Why the Fall Will Be a Liability Minefield,” by Alexander C. Kafka, The Chronicle of Higher Education, featuring Mr. Moore – May 29, 2020
- “Force Majeure and Insurance Provisions for Business Losses Sustained by COVID-19,” RPJ, with RPJ Counsel Ethan Krasnoo – April 3, 2020
- “The Proposed Title IX Regulations on Evidentiary Burdens of Proof (Part 5),” RPJ – February 13, 2020
- “The Proposed Title IX Regulations on Live Hearings and Cross-Examination (Part 4),” RPJ – January 14, 2020
- “The Second Circuit Clarifies the Standards for Asserting Equal Pay Claims Under Title VII,” RPJ – December 13, 2019
- “The Proposed Title IX Regulations on Reporting Sexual Harassment or Assault on Campus (Part 3),” RPJ – August 30, 2019
- “Defining Sexual Harassment on Campus in the Proposed Title IX Regulations (Part 2),” RPJ – July 24, 2019
- “Second Circuit Case Underscores Limitations on Licensing Claims Involving Copyrighted Software,” RPJ – July 22, 2019
- “The Controversial Proposed Title IX Regulations Addressing Sexual Assault on Campus (Part 1),” RPJ – June 28, 2019
- “The U.S. Supreme Court Affirms Its Support for the Traditional Arbitration Model,” RPJ – May 1, 2019
- “Stored Communications Act Issues Raised by Airbnb/HomeAway,” RPJ – January 9, 2019
- “How Courts Are Analyzing Copyright Protection for Computer Software,” Law360 – July 18, 2018
- “The 5Pointz Verdict: 10 Things You Should Know,” by Joanna Pan, Sold Magazine, featuring Mr. Moore – April 3, 2018
- “Key Decision on Reverse Engineering in Software,” RPJ – January 17, 2018
- “New York’s Ban on Salary History Inquiries,” RPJ – November 6, 2017
- “5Pointz: From There to Here,” by Joanna Pan, Sold Magazine, featuring Mr. Moore – November 1, 2017
- “Groundbreaking Decision on Employee Privacy in Europe,” RPJ – September 11, 2017
- “Emerging Standard for Successor Liability for Federal Labor Claims,” RPJ – September 1, 2017
- “Four Things You Need to Know About Federal Anti-Hacking Statutes in Employment Disputes,” Corporate Counsel – December 2, 2016
- “Workplace Disputes Under the Stored Communications Act,” Corporate Counsel – October 20, 2014
- “New York’s Court of Appeals Orders the Production of Source Code for Risk Analytics Software,” RPJ – September 24, 2014
- “The U.S. Supreme Court Preserves the Efficient Market Presumption in Investors’ Class Actions,” RPJ – July 7, 2014
Noted Speaking Engagements
- “A How to Guide to Conducting Internal Investigations in a Socially Distant World,” Prerecorded Presentation with Live Q&A for AASPA Annual Conference 2020, with Partner Alice Jump – October 15, 2020
- “The Ultimate Guide to Protecting Software with Copyright,” Expert Insights Series, AltaClaro – January 7, 2019
- “Use Copyright Law to Protect Your Software (Part 5: Tactical Considerations for Enforcing Copyright Protections),” Expert Insights Series, AltaClaro – July 20, 2018
- “Use Copyright Law to Protect Your Software (Part 4: The Obstacles to Proving Intentional Copying),” Expert Insights Series, AltaClaro – July 18, 2018
- “Use Copyright Law to Protect Your Software (Part 3: The Challenge of Demonstrating Protectability),” Expert Insights Series, AltaClaro – July 16, 2018
- “Use Copyright Law to Protect Your Software (Part 2: Securing the Key Advantages of Registration),” Expert Insights Series, AltaClaro – July 11, 2018
- “Use Copyright Law to Protect Your Software (Part 1: Overview),” Expert Insights Series, AltaClaro – July 10, 2018
- “Privacy in the Workplace—What You Should Know,” Panel Speaker, European American Chamber of Commerce – March 4, 2015
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Article Series
Article series on the proposed Title IX regulations to address sexual assault on college campuses, published on RPJ’s website:
- “The Controversial Proposed Title IX Regulations Addressing Sexual Assault on Campus (Part 1)” – June 28, 2019
- “Defining Sexual Harassment on Campus in the Proposed Title IX Regulations (Part 2)” – July 24, 2019
- “The Proposed Title IX Regulations on Reporting Sexual Harassment or Assault on Campus (Part 3)” – August 30, 2019
- “The Proposed Title IX Regulations on Live Hearings and Cross-Examination (Part 4)” – January 14, 2020
- “The Proposed Title IX Regulations on Evidentiary Burdens of Proof (Part 5)” – February 13, 2020