Mark A. Kornfeld

Partner

New York
T 212.589.4652  |  F 212.589.4201

Mark Kornfeld is a seasoned litigator with more than 20 years of success in securities class action and complex commercial litigation both domestically and internationally. Mark draws from his years of high-stakes litigation experience to inform his advice and counsel for clients. He approaches his current matters as a trusted advisor, who appreciates and understands his clients' businesses. Mark quickly analyzes the different variables in a complex dispute and how they will impact his clients, and provides multi-layered and practical, strategic advice to clients across industries.

Mark has been integrally involved as a BakerHostetler lead attorney for the firm's court-appointed representation of SIPA Trustee Irving H. Picard for the liquidation of Bernard L. Madoff Investment Securities LLC in efforts to recover assets for the Fund of Customer Property. Mark has worked extensively on litigating complex legal issues and assisting the SIPA Trustee in unraveling the maze of interconnected parties involved in Madoff's decades-long Ponzi scheme, including major international feeder funds and financial institutions. In addition, Mark is a leader and securities law advisor for the firm's Hedge Fund team and National Task Force on Complex Financial Fraud, aimed at advising, managing, and counseling hedge funds, the financial services industry and public companies prior to, and upon the commencement of, high-stakes litigation. Mark is routinely sought out by media for comment on high-profile litigation and regulatory enforcement matters arising from Ponzi schemes, insider trading, and other economic frauds.

Select Experience

  • Actively involved in the worldwide investigation and asset recovery efforts being conducted by the SIPA Trustee for the benefit of BLMIS customers with allowed claims. He is a lead attorney in charge of multibillion-dollar lawsuits against feeder funds. He also oversees a number of additional bank and other transfer litigation, as well as cases involving the use of derivatives and other exotic leverage products during Madoff's decades-long Ponzi scheme. In addition, Mark plays a role in the strategic planning for all litigation, coordinating discovery, expert witnesses, and settlement negotiations, including several major settlements secured by the SIPA Trustee.
  • Leading a cross-office, cross-discipline team in connection with a securities class action arising out of a $4.5 billion acquisition and the merger consideration paid thereunder, with substantial motion practice before the Eastern District of New York, as well as class certification issues pending before the Second Circuit. Post-merger securities fraud class action relates to the calculation of merger consideration in connection with the post-closing conditions precedent.
  • Represented market-maker in connection with regulatory investigation and civil class actions seeking upwards of $800 million in damage relating to allegations against the company involving false marks for illiquid securities.
  • Represented investment manager in connection with SEC inquiry into alleged improprieties in supervisory and other trading practices. Client successfully absolved of any wrongdoing.
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Experience

  • Actively involved in the worldwide investigation and asset recovery efforts being conducted by the SIPA Trustee for the benefit of BLMIS customers with allowed claims. He is a lead attorney in charge of multibillion-dollar lawsuits against feeder funds. He also oversees a number of additional bank and other transfer litigation, as well as cases involving the use of derivatives and other exotic leverage products during Madoff's decades-long Ponzi scheme. In addition, Mark plays a role in the strategic planning for all litigation, coordinating discovery, expert witnesses, and settlement negotiations, including several major settlements secured by the SIPA Trustee.
  • Leading a cross-office, cross-discipline team in connection with a securities class action arising out of a $4.5 billion acquisition and the merger consideration paid thereunder, with substantial motion practice before the Eastern District of New York, as well as class certification issues pending before the Second Circuit. Post-merger securities fraud class action relates to the calculation of merger consideration in connection with the post-closing conditions precedent.
  • Represented market-maker in connection with regulatory investigation and civil class actions seeking upwards of $800 million in damage relating to allegations against the company involving false marks for illiquid securities.
  • Represented investment manager in connection with SEC inquiry into alleged improprieties in supervisory and other trading practices. Client successfully absolved of any wrongdoing.
  • Represented $1 billion environmental and water rights investment funds in series of domestic and international commercial litigation, arbitration, and mediation. Provided advice and representation on contract, tortious interference, employment litigation, private equity, bankruptcy, and other transactional matters, as necessary. Successfully had dismissed a tortious interference with business relationship claim against company and its principal.
  • Represented a major owner and commercial real estate developer in construction cross litigation for errors and omissions against subcontractors and a construction manager. Case was settled for client for fraction of initial demand following aggressive litigation in discovery and mediation efforts demonstrating that client was not liable for alleged damages. Client is currently in cross-litigation seeking indemnification and damages.
  • Represented major media publication in construction litigation brought against design builder, as well as commercial litigation against equipment and system vendors and landlord. Obtained settlement recoveries of more than eight figures for client through demonstrated understanding of issues and diligence on behalf of client.
  • Represented a major accounting firm in a professional malpractice related to subprime lender audit practices. Case was settled favorably for Mark's client after years of litigation due in part to litigation strategy executed by Mark, and key admissions elicited by Mark during deposition process.
  • Represented company and its executives in securities class actions and regulatory investigations, arising out of allegations of false financial statements, back-dating revenues, and other revenue recognition allegations. Successfully resolved case after years of litigation for a fraction of the initial demand.

Recognitions

  • New York "Super Lawyer" (2011 to 2014)

Memberships

  • New York State Bar Association
    • Commercial Section
    • Alternative Dispute Resolution Section
    • International Section

Services

Industries

Prior Positions

  • Hogan Hartson (now Hogan Lovells): Partner, Counsel (2004 to 2009)
  • Clifford Chance: Associate (2001 to 2003)
  • Multicast Media LLC: General Counsel and Director of Business Development (2000 to 2001)
  • The Dreyfus Corporation: Associate General Counsel (1998 to 2000)
  • Roger & Wells: Associate (1993 to 1998)
  • Judicial Clerk for the former Senior Judge Joseph L. Longobardi for the Federal District of Delaware (1992 to 1993)

Admissions

  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York
  • U.S. Court of Appeals, Second Circuit, 2012
  • New Jersey
  • New York

Education

  • J.D., Brooklyn Law School, 1992, magna cum laude
  • B.A., Vassar College, 1989