Mark Erickson is a partner in the litigation practice group in the Orange County office of Haynes and Boone, LLP. Mark is also the Hiring Partner for the Orange County office. Mark represents Fortune 500 companies, developers and entrepreneurial ventures in a wide range of commercial and real estate-related disputes. He offers clients trial experience and is well known in the courts and litigation community of Southern California.
Mark's practice focuses on trial work in Southern California federal and state courts. He represents clients in cases involving trade secrets, healthcare law, construction defects, creditors' rights, business governance and dissolution disputes, and complex business litigation.
Mark is currently president of the Orange County Chapter of the Association of Business Trial Lawyers. He is a member of the Board of Directors for Orange County’s pro bono legal organization, the Public Law Center, and he is on the Board of Directors for the Orange County Bar Foundation. Mark is the firm's Hiring Partner for the Orange County office. He is a former officer in the Army Judge Advocate General's Corps where he served in the Trial Defense Service, trying criminal cases throughout the Midwest and Central America. Following his stint in the military, Mark joined Latham & Watkins' Orange County office where he put his trial skills to use in civil cases and developed his current client base. Later, Mark was one of the founding partners of Dubia, Erickson & Tenerelli, LLP, a litigation boutique in Orange County where he practiced for 16 years.
- Represents large Orange County developer in prosecution and defense of large scale construction defect claims.
- Represents publicly traded biomedical instrument company in Uniform Commercial Code and other contract disputes.
- Represents national provider of contract nursing and physician services in contract indemnity litigation with hospitals.
- Represented REIT in successful defense of alter ego allegations arising out of defunct real estate development.
- Obtained eight-figure settlement for plaintiff on eve of trial in construction defect case involving large apartment complex.
- Represented foreign window wall manufacturer in successful resolution of construction delay claims and related litigation.
- Represented insurance broker in successful defense at trial of commission claims by former employee.
- Represented REIT in successful recovery of losses from FDIC associated with breach of real estate contract.
- Represented private club/luxury hotel in successful resolution of multi-million dollar construction cost overrun claims by general contractor.
- Represented Newport Beach Country Club in summary judgment victory over member group asserting right of first refusal to purchase club. Subsequent appellate opinion affirming the judgment below is the most cited California case on parol evidence (Founding Members etc. v. Newport Beach Country Club Inc. (2003) 109 Cal.App.4th 944).
- Obtained multi-million dollar judgment at trial against golf store franchisor under California Franchise Investment Law for deceptive and misleading representations to franchisee.
- Successfully negotiated mid-trial resolution of claim for breach of stock purchase agreement in connection with sale of Orange County landmark company.
- Represented small avionics corporation in successful resolution of antitrust and unfair competition claims in federal court against publicly traded aerospace company.
- Obtained summary judgment for Japanese automobile manufacturer on claim by dealer for breach of dealer agreement and fraud.
- Represented publicly traded company in successful resolution of employee claim to DFEH for retaliatory firing under Sarbanes-Oxley Act.
- Successfully negotiated settlement of nationwide class action against business broker for use of unlicensed brokers.
- Settled $4 million breach of fiduciary duty claim against business broker mid-trial for less than remaining cost of defense.
- Represented former employees in unfair competition claim brought by former employer when they opened competing phone directory business and negotiated favorable settlement.
- Represented prescription benefit processing company in defense of claims for millions of dollars of unreimbursed prescriptions, resolving litigation on a reasonable basis following massive document discovery across several states.
- Represented electrical control division of publicly traded company in successful resolution mid-trial of claim for unfair trade practices and secret rebates.
- Represented officer, director and 50 percent shareholder in dissolution proceedings involving luxury home development company.
Honors and Awards
- Named one of the Best Lawyers of America - Commercial Litigation, 2013
- Martindale-Hubbell AV® Rated since 1995
- Named a Top Lawyer in Southern California (Super Lawyers, 2004, 2006)