Mark Drooks focuses his practice on civil litigation and arbitration. He has been lead counsel in more than 50 civil trials and arbitrations that have been litigated to final decision and has argued several appeals in state and federal courts, including the California Supreme Court and the United States Court of Appeals for the Ninth Circuit.
Mr. Drooks’s practice runs the gamut of commercial litigation. He has substantial experience representing clients in breach of contract and business tort cases arising out of complex business transactions and he often represents co-owners of businesses in partnership disputes. He has represented defendants in several consumer protection class action cases. In securities matters, he has represented companies, investment advisers and investors in both individual and class actions. He also has represented broker-dealers in various lawsuits and in more than 200 customer dispute arbitrations.
Mr. Drooks is often retained to represent national and international law firms, lawyers and other professionals in connection with malpractice claims, partnership disputes and ethical issues. He has handled such cases through trial, summary judgment and appeals.
Throughout his career, Mr. Drooks has devoted substantial time to representing clients pro bono publico. He drafted the amicus curiae brief for the NAACP Legal Defense Fund in Rojo v. Kliger, a landmark case in which the California Supreme Court adopted the Defense Fund’s analysis in holding that victims of workplace sexual harassment could bring common law tort claims against their abusers. He was lead counsel for the plaintiffs in the El Monte Thai Worker Slavery Case, in which he represented more than 100 undocumented persons who had been held in virtual slavery at a garment factory.
Mr. Drooks has been recognized as one of Los Angeles Business Journal’s Top Litigators & Trial Lawyers and an Elite Boutique Trailblazer by the National Law Journal. He has been ranked by Chambers and Partners in the area of Commercial Litigation since 2019. Chambers has said that “he’s like a world champion chess player when it comes to the hard issues and seeing ten moves ahead.”
Successfully quashed service on a national law firm in a case alleging aiding and abetting of securities fraud, breach of fiduciary duty, and professional negligence in connection with a purported billion-dollar Ponzi scheme.
Defended at trial one of the nation’s largest homebuilders in federal court litigation and arbitration arising out of $500 million land acquisition and financing transaction.
Established at trial, on behalf of a departing law firm principal, the lawyer’s right to share of law firm accounts receivables. The decision was affirmed on appeal.
Represented at trial a partnership comprised of doctors in dispute over ownership interest in a hospital. Prevailed in first phase of bifurcated trial, resulting in a favorable settlement.
Represented publicly traded company through final arbitration hearing in a multi-million dollar accounting malpractice case.
Obtained summary judgment on behalf of national law firm accused of negligence and misrepresentation in connection with issuance of opinion letters in a loan transaction. Secured affirmance of the decision before the Ninth Circuit Court of Appeals.
Successfully obtained dismissal with prejudice on behalf of two British agencies that regulate the practice of law in the United Kingdom against broad-ranging RICO, defamation, and other claims brought by two disbarred British solicitors in federal court. The decision was affirmed on appeal and followed by a memorandum decision by the Ninth Circuit Court of Appeals, completing an appellate sweep.
Successfully moved a federal district court to dismiss the complaint filed against an international law firm in a putative class action arising out of a tax shelter investment.
Obtained final approval of a class action settlement on behalf of a major multinational nutritional and personal care product corporation, defeating objections made collectively by several class members, as well as a motion for reconsideration brought by these same objectors.
Defended a multinational cell phone manufacturer in a putative class action involving product liability allegations. Successfully enforced arbitration clause and class action waiver, leading to favorable resolution of the individual claim.
Represented the special litigation committee of a Fortune 500 semiconductor company in resolution of a derivative action for stock options backdating claims.
Represented co-president and COO of a large, publicly traded health care company in government investigations arising out of alleged submission of false claims for government reimbursement and related securities claims. Litigated and eventually reached a favorable settlement of securities class action and shareholder derivative litigation.
Defended a national law firm in a malicious prosecution lawsuit arising from a copyright infringement matter. Obtained dismissal of all claims and award of attorney’s fees on anti-SLAPP motion; dismissal was upheld on appeal.
Represented the special litigation committee of a hospital chain in class action arising out of a going private transaction.
Served as lead counsel for a major on-line brokerage firm in more than a hundred binding arbitrations before the NASD and FINRA.
Represented multinational law firms in claims arising out of their representation of clients in securities matters.
Represented individuals at trial in action against a bank over forged check endorsements, reaching favorable settlement before case went to jury.
- Member, Bet Tzedek Legal Services, President's Council, 2020
- Member, Chancery Club of Los Angeles, 2019
- Lawyer Representative and Ex Officio Lawyer Representative, Ninth Circuit Judicial Conference, 2017-present
- Member, United States District Court Merit Selection Panel for Magistrate Judges, Central District of California, 2012-2017
- Member, Executive Committee, Los Angeles County Bar Association, Litigation Section, 2009-2012
- Member, Securities Industry Association, Compliance & Legal Division, 1999-present
- Chairman, Bet Tzedek Legal Services, Board of Directors, 2005-2006; Member, Board of Directors, 1996-2019
News & Events
In its 2022 rankings, Chambers and Partners recognizes Bird Marella as “an extraordinary firm with best-in-class lawyers” who “are top-shelf and really punch above their weight.” The legal guide commended the firm for doing a “truly exceptional job at hiring and recruiting top talent,” noting that the firm is viewed “as ...
For the past twenty years, Bird Marella attorneys have been consecutively recognized as top rated attorneys among the Southern California Super Lawyers list. The firm is proud of its reputation for providing distinguished lawyers that are not only well-respected by the bench, but also its peers. Congratulations to the principals selected for ...
Bird Marella is proud to announce its inclusion in the 2022 edition of Best Lawyers in America® and Best Lawyers: Ones to Watch by U.S. News. Nearly half of the firm’s entire roster of attorneys have been recognized and selected by their peers as outstanding attorneys in their respective areas of expertise. The Best Lawyers in America (2022 Edition) Terry W. Bird ...
Recognized as one of the leading boutique law firms in both California and the country, Bird Marella’s complex civil and white-collar criminal litigation practices received top marks in Chambers’ 2021 rankings. With a number of the firm principals individually ranked for legal excellence, Bird Marella outperforms in the courtroom, and ...
Principals Mark Drooks, Joel Boxer and Sharon Mayer secured full dismissal of a legal malpractice claim worth over $100 million against their client, an Am Law 200 firm, in a case filed in the New York Supreme Court. The litigation arose from an unsuccessful acquisition of a company after the acquirer ...
Bird Marella is honored to recognize the attorneys who have been selected for inclusion in the 2021 Southern California Super Lawyers list: Sharon Ben-Shahar Mayer Terry W. Bird Joel E. Boxer Paul S. Chan Mark T. Drooks Thomas R. Freeman Benjamin N. Gluck (Top 100) Gary S. Lincenberg Vincent J. Marella Ronald ...
Bird Marella attorneys Mark Drooks and A. Howard Matz will join Joni Gaudes of ASICS America in an MCLE webcast on effective negotiation approaches in mediation, with an emphasis on coordination between in-house and outside counsel. Hosted by the Association of Corporate Counsel, the event will be held on October ...
Bird Marella is proud to announce that 18 of the firm’s attorneys have been recognized and selected by their peers for inclusion in the 2021 edition of Best Lawyers in America and Best Lawyers: Ones to Watch. Sharon Ben-Shahar Mayer – Criminal Defense: White-Collar Terry W. Bird – Commercial Litigation, ...
Principals Mark Drooks and Sharon Ben-Shahar Mayer authored an article for the California Lawyers Association titled, “Showing Lack of Probable Cause: Plaintiff’s Burden of Proof in Opposing an Anti-SLAPP Motion Attacking a Malicious Prosecution Claim.” Drooks and Mayer explain the complex issues that arise in allocating the burden of proof when ...
Principals Mark Drooks and Sharon Ben-Shahar Mayer successfully quashed service on a national law firm in a case alleging aiding and abetting of securities fraud, breach of fiduciary duty, and professional negligence in connection with a purported billion-dollar Ponzi scheme. The plaintiff was a trustee of a trust created through ...
Co-Author, “’Isn’t that Special: The Limited Powers of Special Masters,” California Litigation, Vol. 34, No. 3, 2021
Co-Author, “Showing Lack of Probable Cause: Plaintiff’s Burden of Proof in Opposing an Anti-SLAPP Motion Attacking a Malicious Prosecution Claim,” The Journal of the Litigation Section of the California Lawyers Association, July 2020
Co-Author, “Calif. Ruling Dings Engagement Letter Arbitration Clauses,” Law360, November 26, 2018
Interviewee, “Rainmaker Q&A: Bird Marella’s Mark Drooks,” Law360, August 2016
Co-Author, “Judicial Discretion Advised: A Critique of California’s Per Se Disqualification Rule in Concurrent Representation Cases,” California Litigation, November 2013
Co-Author, “Summary of Online Brokerage Awards in Internet Trading,” 1996-2001, presented at the Fifth Annual National Institute on Securities Trading on the Internet, New York, New York. September 2001
Author, “Environmental Liability, Concurrent Causation and Insurance Coverage: Some Practical Experience,” Mealey’s Litigation Reports, December 1, 1993
Co-Author: “Preserving Confidentiality in Corporate Internal Investigations,” Corporate Criminal Liability Reporter, Vol. 1, No. 2, Spring, 1987
Author, “Amending the Federal Tort Claims Act,” 17 Harvard J. Legis. 357, 1980