Mark D. Finsterwald

Counsel - Boston

Mark Finsterwald is a counsel in Foley Hoag’s Litigation Department and in its International Litigation & Arbitration Department. He represents corporations and individuals in complex commercial disputes focusing on contracts, closely held companies, real estate and employment law. Mark has also represented sovereign governments in U.S. court actions concerning foreign sovereign immunity and in international investment arbitrations. He has extensive experience practicing in both state and federal courts. In addition, Mark has represented individuals in criminal and administrative investigations by the Department of Justice and other agencies on the topics of anti-trust and anti-money laundering.


  • University of Virginia School of Law, J.D., 2007
  • College of William and Mary, B.A. in Government, cum laude, 2001

Representative Experience

  • Successfully represented a foreign state in an appeal of an adverse trial court ruling on foreign sovereign immunity. Drafted the winning appellate briefs in obtaining reversal of the trial court’s decision.
  • Represented a renewable energy company in commercial arbitration and state court litigation, resulting in global settlement.
  • Worked as part of a victorious trial team defending a large investment company in an employee misclassification action. Drafted the winning Motion for Directed Verdict.
  • Drafted a successful opposition to a petition for certiorari before the United States Supreme Court on behalf of a sovereign state.
  • Defended an accounting firm and its partners against claims for breach of fiduciary, fraud, and aiding and abetting – obtained partial summary judgment, resulting in settlement.
  • Advised a technology company in a contract dispute with a vendor, resulting in a resolution without resort to litigation.
  • Successfully represented an individual in a criminal anti-trust investigation by the Department of Justice.
  • Represented an individual in anti-money laundering investigations by the Department of Justice and the Federal Deposit Insurance Corporation.
  • Represented a janitorial company in a contentious, multi-action close corporation shareholder dispute. In the first action, helped achieve a favorable jury verdict on a counterclaim for money damages. In the second action, argued cross-motions for summary judgment, leading to a settlement of the entire dispute.
  • Defended former corporate directors against claims for individual liability under the Massachusetts wage and hour statute.
  • Represented a malt beverage company in Massachusetts state court in a breach of contract action involving a sports sponsorship.
  • Represented a power company in an international arbitration against a co-owner of a power plant.
  • Represented a pharmaceutical manufacturer in various patent suits brought pursuant to the Hatch-Waxman Act.
  • Successfully defended a foreign State against actions in two federal districts, achieving dismissal of both cases and drafted winning briefs on appeal.


  • University of Virginia School of Law’s Journal of Law & Politics, Articles Development Editor


  • ProVisors, Member (2021-present) 
  • Boston Bar Association, Member of the Senior Associates Forum's Practical Skills Committee (2018-2019)
  • Boston American Inn of Court, Member of the Executive Committee and Chairman of the Membership Committee (2018-present)
  • University of Virginia School of Law Alumni Association, Boston Chapter, Steering Committee Member (2012)
  • Tips for Experienced Brief Writers: Simplifying the Process, Managing the Stress, and Improving Quality, Boston Bar Association, March 2019 and January 2020
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Bar Admissions

  • Massachusetts

Court Admissions

  • U.S. Court of Appeals for the First Circuit
  • U.S. District Court for the District of Massachusetts
  • U.S. District Court for the Western District of Michigan