Mark Jacobson provides advice and tries cases involving contract disputes, class action litigation, antitrust litigation and counseling, franchise, dealer and sales representative disputes, appeals, temporary restraining orders and preliminary injunctions, 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 (2015-2017)
- Best Lawyers in America (2011-2015, 2017-2018)
- Minnesota Super Lawyers (1999-2005, 2010-2017)
- 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)
- 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.
- 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).
- On behalf of a significant Twin Cities property management company and as lead counsel for all defendants, obtained pre-discovery dismissal of most claims brought by a class of tenants for alleged violation of a Minnesota statute relating to lease-related fees, then used innovative strategy to pursue immediate appeal and obtained dismissal of all remaining claims at the Minnesota Court of Appeals. Persigehl v. Ridgebrook Invs. Ltd. P’ship, 858 N.W.2d 824 (Minn. App. 2015).
- For more than 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.
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