Mark P. Ressler is a nationally recognized litigator and former federal prosecutor whose practice spans a wide range of high-stakes commercial disputes and cutting-edge technology matters. His successful representation of corporations, financial firms, government entities and individuals has earned him recognition in Chambers USA, The Best Lawyers in America, Benchmark Litigation, Super Lawyers and other publications. He is also an accomplished criminal defense lawyer who has represented clients in virtually every type of white collar investigation.
In the technology sector, Mark has established the country’s leading practice devoted to representing companies and government entities facing the business disruption and financial losses caused by failed software implementations involving Enterprise Resource Planning (“ERP”) business software. He has become the counsel of choice for companies, states and municipalities seeking to obtain recovery from consulting firms and software providers in connection with mission-critical software projects plagued by delayed or disastrous go-lives, deficient project management, missing functionality, defective interfaces and other problems.
Companies have turned to Mark to serve as national counsel when faced with lawsuits in multiple jurisdictions across the country. He has been tapped as replacement counsel, in the middle of discovery or on the eve of trial, to turn around troubled litigations. He has also handled prominent litigations in the art and publishing worlds.
Mark was an Assistant U.S. Attorney in the Eastern District of New York, where his notable prosecutions included corruption charges against an SEC attorney, insider trading charges against a celebrity CEO, securities fraud charges against an investment banker Fortune magazine dubbed the "Hannibal Lecter of Wall Street" and racketeering trials against some of New York's most feared drug and murder-for-hire gangs. Mark was twice awarded the Justice Department's Director's Award for Superior Performance, and was chosen as the Federal Law Enforcement Foundation's "Prosecutor of the Year."
Mark has served on the Judiciary Committee of the New York Bar Association, where he assisted in evaluating all federal and state judges and prospective judges in New York. He has also been consulted by and quoted in the New York Times, the Wall Street Journal, Business Week, Fortune and other publications concerning criminal law, trial strategy and other legal matters.
- National counsel to a leading European bank defending class and individual actions in jurisdictions throughout the country in connection with tax shelter transactions
- SL Green Realty Corp. in a litigation against a major gaming company arising out of the bidding process to run New York’s Aqueduct racetrack casino
- Court-appointed Liaison Counsel to hedge fund, mutual fund and other investors pursuing relief against a Reserve money market fund that “broke the buck” following Lehman’s bankruptcy
- Donald J. Trump in a high-profile defamation action against a New York Times reporter and book publisher
- One of the country’s leading holding companies in a high-profile action against the world’s leading art dealer involving works by Jeff Koons and other contemporary artists
- A leading financial institution in class and individual actions arising out of the demise of Lehman Brothers
- An international bank pursuing claims against a large special servicer stemming from a securitized note program involving insurance agency franchise loans
- An international bank pursuing claims against AIG in connection with collateralization obligations under leveraged lease transactions
- A military defense contractor pursuing fraud and other claims against AIG stemming from a large public works project for the City of San Francisco
- A leading REIT defending against class action claims stemming from a multi-billion dollar acquisition and spin-off
- Companies, banks and financial institutions in disputes over swaps, CDOs, auction rate securities, guaranteed investment contracts, liquidity provider arrangements, repos and forward delivery contracts
- Real estate companies in disputes over mezzanine loans and related financing issues
- The Port Authority of New York and New Jersey in a trial defending against claims arising from the 1993 bombing of the World Trade Center
Software Implementation Litigation
- Department of Transportation for the State of Hawaii in litigation against Ciber Inc., a publicly traded technology company. The State of Hawaii hired Ciber to implement an enterprise resource planning system, but Ciber’s defective project management, staff turnover and other misconduct resulted in a system that failed to function and that could not meet even the most basic needs of the State. The Kasowitz team is co-counsel with the Hawaii Attorney General’s office in the litigation, which is pending in the Circuit Court of the First Circuit, State of Hawaii.
- Copart in an action alleging fraud, theft of trade secrets, violations of the Computer Fraud and Abuse Act and other claims against Sparta Consulting and its India-based parent, KPIT, stemming from an implementation of SAP software
- Levi Strauss & Co. in an action alleging fraud and other claims against Deloitte Consulting stemming from an implementation involving SAP’s apparel and footwear software
- ScanSource in an action against Avanade, Inc. stemming from an implementation of Microsoft Dynamics AX software
- Avantor Performance Materials in an action against IBM stemming from an implementation of SAP software and an IBM software product
- The County of Marin, California, in an action against Deloitte Consulting stemming from an implementation of SAP’s public sector software
- A leading consumer products company in a dispute with a major consulting firm stemming from a defective e-commerce platform that led to “Cyber Monday” shipping and billing issues
- Waste Management in an action alleging fraud and other claims against SAP stemming from an implementation involving SAP’s waste and recycling software
- Bart A. Brown, Jr., the Chapter 7 bankruptcy trustee of FoxMeyer Corp., a drug distribution company, in actions against SAP, Accenture and logistics software vendors stemming from implementations of SAP and warehouse management software
- A leading health care provider, in a dispute with a software developer over a failed implementation of insurance claims processing software
- A leading public utility in a dispute with consulting firms stemming from a failed implementation of SAP software
- One of the country’s largest religious charities, in a dispute with a leading software company stemming from an implementation of a software application for not-for-profit fundraising entities
- Various clients in disputes with NetSuite, Inc. stemming from failed or problematic NetSuite implementations
- Hedge funds, mutual funds and private equity firms in disputes with financial-services software providers
- Canadian Imperial Bank of Commerce in an action alleging fraud and other claims against a leading software developer stemming from a failed CRM software implementation
- Counseling numerous clients across a range of industries, as well as public entities, in connection with negotiating and drafting software licensing and implementation contracts
Criminal and Regulatory Defense and Internal Investigations
- Appointed by the SEC as independent monitor in connection with criminal and regulatory probes relating to stock exchange issues
- A leading financier in connection with allegedly improper purchases of rare antiquities
- Numerous executives of prominent companies in multiple international price-fixing investigations, including experience working with Japanese regulators and counsel
- The CEO of a broker-dealer charged with securities fraud
- A leading health care company conducting an internal investigation of business practices
- A senior executive of a leading medical diagnostic company in a DOJ and FDA medical misbranding investigation
- A leading insurance company conducting an internal investigation of commercial bribery
- Individuals and executives charged with, or under investigation for, insider trading, wire fraud, mail fraud, bank fraud, securities fraud, accounting fraud, insurance fraud, obstruction of justice, options back-dating, health care fraud, market timing and labor racketeering