Mark A. Jacobson

Partner
Mark A. Jacobson
  • Overview
  • Experience
  • Media & Presentations
  • Professional & Community
4200 IDS Center
80 South 8th Street
Minneapolis, Minnesota 55402
T 612.371.2488
F 612.371.3207
Dawn A. Solfield
T 612.752.6980
  • Minnesota
  • District of Columbia

Mark Jacobson provides advice and tries cases involving contract disputes, antitrust litigation and counseling, franchise, dealer and sales representative disputes, appeals, temporary restraining orders and preliminary injunctions, class action litigation, health industry litigation and regulation, insurance recovery disputes, shareholder disputes and related claims. Mark represents both plaintiffs and defendants and particularly enjoys tackling complex legal issues that are intertwined with business issues.

He is often retained as local counsel to guide litigants through Minnesota courts. Mark is also experienced in mediation, arbitration, and other alternative dispute resolution techniques and is a qualified mediator and arbitrator.

Awards & Recognition
  • North Star Lawyer, Minnesota State Bar Association (2014, 2015)  
  • Chambers USA: America's Leading Lawyers for Business, Antitrust – Minnesota
  • Best Lawyers in America (2011-2015, 2017)
  • Minnesota Super Lawyers (1999-2005, 2010-2016)
  • Minnesota Super Lawyers – Top 40 Business Litigation Lawyers (2003)
  • Minnesota Super Lawyers – Top 40 Alternative Dispute Resolution Lawyers (2003)
  • Hennepin County District Court, Appreciation & Recognition Award, Pro Bono Services (2003)
Experience
  • Obtained summary judgment in favor of client Experian Information Solutions dismissing claims of antitrust conspiracy, monopolization, and false advertising in the credit scoring industry. Fair Isaac Corp. v. Experian Information Solutions Inc., 645 F. Supp.2d 734 (D. Minn. Jul 24, 2009). This was followed by a four-week jury trial resulting in jury and bench trial verdicts in favor of client Experian rejecting plaintiffs’ claims of trademark infringement (including a keyword advertising claim), passing off, unjust enrichment, and violation of Minnesota Deceptive Trade Practices Act, rejecting plaintiffs’ claim for over $300 million in damages, and granting Experian’s counterclaim for fraud on U.S. Patent & Trademark Office. Fair Isaac Corp. v. Experian Information Solutions Inc., 711 F. Supp.2d 991 (D. Minn. 2010). The United States Court of Appeals for the 8th Circuit affirmed the victory in all respects. Fair Isaac Corp. v. Experian Information Solutions Inc., 2011 WL 3586429 (8th Cir. Aug. 17, 2011).
  • For over twenty years, acted as co-class counsel representing all National Football League players and the NFL Players Association in Sherman Act Section 1 antitrust conspiracy case White v. National Football League. Under a 1993 settlement favorable to the players, the class action court supervised successive collective bargaining agreements between the NFL and the players and acted as final adjudicator of player-team disputes involving discipline, entitlement to bonuses, etc. See, e.g., White v. Nat’l Football League, 585 F.3d 1129 (8th Cir. 2009) [Michael Vick bonus dispute]. 
  • On behalf of purchasers of assets of investment firm, obtained temporary restraining order and preliminary injunction that effectively prevented arbitration of dozens of separate investor claims. Federal district court found clients likely to prevail in defeating arguments that arbitration was compelled by National Association of Securities Dealers rules and that purchasers were subject to successor liability. Marshall, Miller & Schroeder, Inc. v. Behnke, No. 01-CV-2264-J-CGA (S.D. Cal. Dec. 26, 2001).
  • On a motion to dismiss, obtained dismissal of Minnesota Franchise Act claims against franchisor and its executives, establishing conclusively that the Act’s requirements can be waived through a choice of law term in the franchise agreement. Also obtained dismissal of breach of contract claims against franchisor and all claims of “control person” liability against individual corporate executive officers. Hockey Enterprises, Inc. v. Total Hockey Products & Services, LLC, 762 F. Supp.2d 1138 (D. Minn. 2011). Obtained voluntary dismissal of arbitration petition.
  • Represented American Home Products and American Cyanamid and acted as defense liaison counsel for 26 pharmaceutical manufacturer defendants defending against separate class action antitrust complaints under state law by direct purchasers (pharmacies) and indirect purchasers (consumers) in In Re Minnesota Drug Pricing Litigation and Kerr/Fontaine v. Abbott Laboratories. Defeated class certification in one case and successfully settled both cases.
Media & Presentations
News Releases
VIEW ALL
Media Mentions
VIEW ALL
Admissions
  • Minnesota
  • District of Columbia
Professional & Community

Memberships

  • American Bar Association, Litigation; Antitrust; and Franchising Sections, Member
  • Minnesota State Bar Association, General Assembly & General Policy Committee Member; Litigation Section Member; Antitrust Section Council Member, Former Chair, Treasurer, Secretary
  • Hennepin County Bar Association, Civil Litigation Section
  • Federal Bar Association, Member
  • District Court for Minnesota, Federal Practice Committee Member (2009-2012)

Community

  • Bloomington, Minnesota, School District Gifted and Talented Advisory Committee, Member
  • Peace Lutheran Church, Church Council, President, Vice-President
  • Peace Lutheran Church, Service Committee, Chair
  • Groton School Alumni/ae parent Admissions Committee, Member
  • Morehead-Cain Scholarship Alumni Scholar Selection Committee, Member
4200 IDS Center
80 South 8th Street
Minneapolis, Minnesota 55402
T 612.371.2488
F 612.371.3207
Dawn A. Solfield
T 612.752.6980
  • University of Minnesota Law School

    (J.D., magna cum laude, Order of the Coif; Journal of Law & Inequality,1987)

  • University of North Carolina

    (B.A., Morehead Scholar, IBM National Merit Scholar, 1983)

  • Minnesota
  • District of Columbia

Search Tips:

You may use the wildcard symbol (*) as a root expander.  A search for "anti*" will find not only "anti", but also "anti-trust", "antique", etc.

Entering two terms together in a search field will behave as though an "OR" is being used.  For example, entering "Antique Motorcars" as a Client Name search will find results with either word in the Client Name.

Operators

AND and OR may be used in a search.  Note: they must be capitalized, e.g., "Project AND Finance." 

The + and - sign operators may be used.  The + sign indicates that the term immediately following is required, while the - sign indicates to omit results that contain that term. E.g., "+real -estate" says results must have "real" but not "estate".

To perform an exact phrase search, surround your search phrase with quotation marks.  For example, "Project Finance".

Searches are not case sensitive.