Finsterwald

Mark D. Finsterwald

Counsel
Boston

I litigate complex cases in state courts, federal courts, and international tribunals.

Mark Finsterwald represents businesses and individuals in commercial disputes involving contracts, corporate governance, and employment law.  He also applies the skills he acquired in well over a decade of U.S. litigation to representing sovereign governments in actions concerning sovereign immunity and in international investment arbitrations.

Mark also 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.

Education

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

Bar and Court Admissions

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

Experience

SOVEREIGN CLIENTS
  • Represented a foreign state in the damages phase of an investment arbitration involving Bilateral Investment Treaty claims arising from major environmental litigation.
  • Successfully represented a sovereign state in an appeal of an adverse U.S. trial court ruling on foreign sovereign immunity. Drafted the winning appellate briefs in obtaining reversal of the trial court’s decision.
  • Drafted a successful opposition to a petition for certiorari before the United States Supreme Court on behalf of an agency of a sovereign state.
  • Successfully defended a foreign State against actions in two federal districts, achieving dismissal of both cases and drafted winning briefs on appeal.
BUSINESS/CORPORATE CLIENTS
  • 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.
  • 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 litigation.
  • 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.
  • 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.
INDIVIDUAL CLIENTS
  • Successfully represented an individual in a criminal anti-trust investigation by the Department of Justice and in related civil action.
  • Successfully represented an individual in anti-money laundering investigations by the Department of Justice and the Federal Deposit Insurance Corporation.
  • Defended former corporate directors against claims for individual liability under the Massachusetts wage and hour statute, resulting in settlement.
  • Represented a veteran of the Korean War in an appeal seeking government benefits relating to an injury suffered during military service.

Honors & Involvement

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

Speaking Engagements

  • "Tips for Experienced Brief Writers: Simplifying the Process, Managing the Stress, and Improving Quality," Boston Bar Association, March 2019 and January 2020