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Mark A. Kornfeld

Mark Kornfeld has 20 years of success in complex commercial litigation and alternative dispute resolution, including court-ordered and private mediation. Mr. Kornfeld serves as a leader and securities law advisor for Baker Hostetler’s National Task Force on Complex Financial Fraud, aimed at advising, managing and counseling the financial services industry and other public and private companies both prior to, and upon the commencement of, potentially high-stakes litigation.

Mr. Kornfeld is also one of the primary attorneys for the SIPA Trustee Irving Picard for the liquidation of Bernard L. Madoff Investment Securities LLC. As part of that representation, Mr. Kornfeld is actively involved in connection with the worldwide investigation and asset recovery efforts for the benefit of Madoff customers with allowed customer claims. Mr. Kornfeld leads a multibillion-dollar lawsuit against a large feeder fund group to Madoff and its management. Mr. Kornfeld is involved with a number of additional prominent feeder fund, bank and customer litigations, as well as all cases involving the use of derivatives and other exotic financial instruments during the Madoff Ponzi scheme. Mr. Kornfeld also has played a role in the strategic planning for the litigations, expert witnesses, and several major settlements secured by the Trustee.

Mr. Kornfeld has many years of securities litigation experience representing, among others, public and private companies, senior executive officers and directors, mutual funds, hedge funds and investment banks in connection with shareholder class actions arising under the federal and state securities laws and corporate governance/shareholder disputes. Mr. Kornfeld is also a seasoned commercial litigator for commercial disputes involving accounting liability, business torts, construction, contracts and other torts, representing a wide array of clients and industries, including accountants, developers, entertainment, hedge funds, investment management, news media and television broadcasters.

Prior to joining Baker Hostetler, Mr. Kornfeld served as a partner and senior associate for two global American Lawyer 100 firms; was General Counsel to an Internet technology/media company involved with streaming media; was an Associate General Counsel to The Dreyfus Corporation, entrusted with the supervision of all litigation and investigation for over 100 investment funds; and served as judicial clerk for former Senior Judge Joseph J. Longobardi for the Federal District Court of Delaware.

Mr. Kornfeld is a member of the New York State Bar Association (Commercial and ADR Sections).

Representative Experience

• Representation of financial and banking institutions, public companies and executives in securities class action litigation and investigations and proceedings before the U.S. Securities and Exchange Commission (SEC) and private litigation under the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Company Act of 1940, SLUSA and the PSLRA.
• Representation of $1 billion environmental and water rights investment funds in a series of domestic and international commercial litigations, arbitrations and mediations, as well as on employment, private equity, bankruptcy and other transactional matters.
• Representation of companies and individual directors in shareholder actions for excessive compensation, waste, self-dealing and other breach of fiduciary duty.
• Representation of major media publication in construction litigation brought against design builder, as well as commercial litigations against equipment and system vendors and landlord, resulting in settlement recoveries of more than eight figures.
• Representation of joint ventures in real estate litigations, as well as commercial real estate “work-out” negotiations.
• Representation of major owner/commercial real estate developer in construction cross-litigation with subcontractors and construction manager.
• Representation of major accounting firm in professional malpractice action relating to subprime lender audit practices.

Speaking Engagements and Presentations

• Panelist: NERA-NYU Stern School of Business Roundtable on Securities Litigation 2011 Year-in-Review (March 2012)
• Panelist: New York State Bar Association International Section (January 2012)
• Panelist: Asset Tracing and Recovery Webex for IARR (October 2011)