Mark Erickson

Practices

Industries

Education and Clerkships

J.D., University of California, Hastings College of Law, 1982

B.A., University of California, Davis, 1979

Bar Admissions

California, 1982

Court Admissions

U.S. District Court for the Central District of California

U.S. District Court for the Northern District of California

U.S. District Court for the Southern District of California

U.S. District Court for the District of Arizona

U.S. Court of Appeals for the Ninth Circuit

Profile

Well known in the courts and litigation community of Southern California, Mark Erickson has been solving business disputes through litigation, arbitration and mediation for over 30 years.  Fortune 500 companies rely on his trial experience and courtroom knowledge  to navigate the sometimes tricky course of California litigation.

Mark handles a wide range of sophisticated commercial and real estate litigation, including contract, trade secrets,  healthcare law,  and business governance and dissolution disputes.  One of his reported cases (Founding Members of Newport Beach Country Club v. NBCC (2003) 109 Cal.App.4th 944) is still one of the leading cases on how to apply the parol evidence rule in interpreting contracts.  He has honed his trial skills with a diverse practice that began with the Army Judge Advocate General’s Corps.  Mark then joined Latham and Watkins where he developed his current client base.  Mark was later one of the founding partners of Dubia, Erickson & Tenerelli, a litigation boutique where he practiced for 16 years. 

A leader in the local bar and community, Mark is a past president of the Orange County Chapter of the Association of Business Trial Lawyers, one of the most prestigious attorney bar groups in the state.  Mark is also a member of the Executive Committee of the Board of Directors for the Public Law Center, Orange County’s pro bono legal services organization.   He also serves on the Executive Committee for the Board of Directors for the Orange County Bar Foundation, the charitable arm of the local bar.  

Mark is also involved in the leadership of Haynes and Boone, active or the chair of a number of firm committees and is the Hiring Partner for the Orange County office. 

Professional Recognition

  • Named one of the Best Lawyers of America - Commercial Litigation, 2013-2015 
  • Martindale-Hubbell AV® Rated since 1995

Professional and Community Activities

  • Board of Governors, Past President, Association of Business Trial Lawyers Orange County Chapter 
  • Executive Committee of Board of Directors for Public Law Center, Orange County pro bono legal service organization 
  • Executive Committee of Board of Directors, Orange County Bar Foundation 
  • Member, Business Litigation Section, Orange County Bar Association 
  • Member, Litigation and Antitrust Sections, California Bar Association

Selected Client Representations

  • 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. 
  • Obtained successful result in jury trial of complex construction delay dispute.
  • 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 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.

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