MARK LEHOCKY, ESQ.

  • Available in Northern California, Orange County, Los Angeles, All of California, Nationwide
  • Available for Mediation, Arbitration, and Private Judging assignments

Introduction

Mark LeHocky's mediation practice is built upon over 35 years of legal experience as a plaintiff and defense litigator, a general counsel managing hundreds of litigation matters for different public companies, a corporate executive, and as a mediator handling a wide variety of cases. Mark's areas of expertise include business torts (antitrust, trade secrets, unfair competition), intellectual property (patents, trademarks and copyrights), employment (class and individual claims), privacy and social media (data breaches and consumer class actions), real estate and other commercial disputes. First appointed as a federal court mediator in 1999, Mark's approach is shaped by having worn virtually all hats in the legal arena. Those experiences provide unique insights and tools to help clients and counsel find and explore available options and shape appropriate resolutions for all concerned.

Mark is described by an attorney as one that "brings an unusually rich set of resources and skills to his work as a mediator. The breadth of his professional experience provides him with a sophisticated worldliness in a wide range of business arenas. But what really sets Mark apart is his command of the full range of dispute resolution techniques and his highly developed interpersonal skills. He understands disputes, disputing and disputants." Another attorney says "in mediating difficult cases there is no substitute for experience and Mark's background as both a litigator and a General Counsel make him uniquely qualified."

Specialties

ADR Highlights

  • Named a Best Lawyer in America for Mediation for three years running by U.S. News / Best Lawyers
  • Developed and taught Mediation Advocacy for Lawyers program as adjunct faculty at U.C. Davis School of Law
  • Read More

Hobbies & Interests

A former tennis and soccer coach, Mark's free time today is devoted to tennis, cycling, painting, traveling and coping with the family pets.

Website

http://www.marklehocky.com

ADR Highlights

  • Named a Best Lawyer in America for Mediation for three years running by U.S. News / Best Lawyers
  • Developed and taught Mediation Advocacy for Lawyers program as adjunct faculty at U.C. Davis School of Law
  • Appointed mediator for United States District Court since 1999
  • As general counsel, created and implemented early mediation programs for national and international companies
  • Named 2017 California Mediator of the Year by Global Law Experts

Testimonials

I have worked with Mark for over a dozen years on scores of employment claims... In mediating difficult cases there is no substitute for experience and Mark's background as both a litigator and a General Counsel make him uniquely qualified.
- Class Action and Individual Employment Law Litigation Attorney

With his varied experiences, Mark understands the potential obstacles to settlement better than most others, and is particularly adept at helping parties overcome those perceived obstacles. With his extensive background in intellectual property, contract and antitrust cases, and his particular knowledge of both private and private enterprises, I recommend Mark highly for business cases of all types.
- IP Litigation Attorney and Former Managing Partner

What really sets Mark apart is his command of the full range of dispute resolution techniques and his highly developed interpersonal skills. He is perfectly positioned to deliver great value as a mediator.
- United States District Court Magistrate Judge

Mark is the 'stealth' mediator. He adeptly gains your trust and confidence while discovering what he needs to do to get you 'to the table' by the end of the day... Very effective and successful! I would recommend Mark to any client.
- Complex Business Tort Litigation Attorney

Mark helped us resolve a contentious employment discrimination lawsuit. ...He was thoughtful but firm as needed and helped us craft a resolution that was accepted by both sides. My client was very pleased with the result and I will look forward to working with Mark again.
- Employment Law Litigation Attorney and Office Managing Partner

Links and Articles

Experience Summary

Legal Career

  • Private mediator and arbitrator (2012-present)
  • Appointed mediator to the United States District Court, Northern District of California since 1999
  • Director of Commercial Arbitration for Judicate West (2015-Present)
  • Of Counsel, Kilpatrick Townsend & Stockton (2014)
  • Senior Vice President, General Counsel and Secretary, Ross Stores, Inc. (2007-2012)
  • Vice President, General Counsel and Secretary, Dreyer's Grand Ice Cream, Inc. (2000-2007)
  • Partner, Freeland, Cooper, LeHocky & Hamburg (1987-2000)
  • Partner, Wilson, Ryan & Campilongo (1984-1987)
  • Associate, Khourie & Crew (formerly Broad, Khourie & Schulze: 1979-1984)

Education & Professional Affiliations

  • J.D., University of California, Berkeley (Boalt Hall) (1979)
  • B.A., University of California, Los Angeles (1976)
  • Distinguished Fellow, International Academy of Mediators (Present)
  • Board of Directors, The Mediation Society (2015-Present)
  • Vice-Chair, ADR-Arbitration Committee, Bar Association of San Francisco (2016-- )
  • Member, Contra Costa County Bar Association ADR Section (Board of Directors: 2016-- )
  • Member, ABA Section of Dispute Resolution (2013-Present)
  • Visiting Professor, Mediation Advocacy, University of California, Davis (2015-2016)
  • Guest Lecturer, University of California, Berkeley (Haas School of Business and Boalt Hall: 2011-2014, 2016)
  • Board of Directors, University of California, Berkeley School of Law Alumni Association (2005-2011)

Achievements & Awards

  • Named among Best Lawyers in America for Mediation 2015, 2016 and 2017 by U.S. News - Best Lawyers ©
  • Rated as "AV Preeminent" by Martindale-Hubbell

Legal Experience

  • Intellectual Property
  • Employment
  • Business/Commercial
  • Antitrust
  • Unfair Competition
  • Consumer Class Actions
  • Real Estate
  • Bankruptcy
  • Insurance Coverage

Representative Case Information

Recent Representative Cases

Business/Commercial

Antitrust

  • Unfair business practices action against company alleged to have misrepresented services provided to plaintiff through intermediary.
  • Unfair competition, fraud and theft of trade secrets action by staffing agency against competing staffing agency alleged to have misappropriated trade secrets, hired away key employees and interfered with plaintiffs' contractual relationships.
  • Unfair competition, fraud and intentional interference action filed by distributor of stone and quarry products against competing distributor, alleging that defendants conspired with plaintiff's employee to misappropriate trade secrets and otherwise damage plaintiff's business to benefit defendant.

Consumer Class Action

  • Unfair business practices statutory claims, data privacy and breach of contract claims asserted on behalf of purported class of consumers and owners of digital devices utilizing defendant's operating system and related applications.
  • Data privacy and unfair business practices claims asserted on behalf of purported class of consumer/customers of defendant international clothing chain, alleging breaches stemming from data breach and disclosure of customer information.

Contractual

  • Construction defect, negligence and fraud action alleging that defendants failed to properly design and supervise construction of plaintiff's dental offices.
  • Breach of contract claims against Bay Area school district by private educational organization alleging non-performance and related business torts; cross-claims also alleged contractual breaches, allegedly excusing defendant's non-performance.
  • Interpleader action involving three party dispute over ownership of unique and historically significant property stolen decades ago and subsequently obtained and claimed by adverse party.
  • Breach of contract action by US Small Business Administration against foreign and domestic partnership over failure to make capital contributions and alleged justifications for not doing so. Mediation conducted in person and via Skype with multiple international parties in three different countries.
  • Breach of contract action by manufacturer of wind turbine generator against purchaser for alleged failure to perform, with cross-action alleging failure of defendant to deliver turbine meeting disputed performance standards.
  • Multi-plaintiff breach of contract and fraud action based upon defendant's alleged failure to perform under loan agreement and personal guarantee
  • Accountant malpractice action with cross-claims for unpaid professional fees.
  • Breach of contract dispute between public employee union and executive officer concerning allegations of malfeasance and cross-claims for failure to perform contract terms.
  • Breach of software license agreement claim based upon acquisition of licensee, allegedly triggering a major increase in licensing fees predicated on total revenues of acquiring entity.
  • Breach of contract, interference with prospective advantage and statutory unfair competition action by technology service provider organization against customer alleged to have poached key project leader in violation of non-solicitation provision and related common law and statutory proscriptions.
  • Intentional interference, unfair competition, and breach of contract claims alleging that customer poached plaintiff's key employee in violation of information technology serve agreement, California common law and unfair competition law.
  • Breach of contract and equitable indemnity claim by government agency against technology service provider alleging that provider failed to defend and indemnify, as well as failed to provide insurance coverage for government agency, arising from third party patent and copyright infringement action against government agency and provider.
  • Plaintiff, a journal editor, claimed that defendant publisher failed to pay royalty income allegedly owed under written contract and concealed such underpayments for decades. Plaintiff also alleges that plaintiff and defendant were joint venturers in development of journal, entitling plaintiff to disgorgement of profits. Defendant denies all claims and cross-claims for improper cost reimbursement claims by plaintiff.

Fraud/Misrepresentation

  • Fraud and misrepresentation action filed by founder of social media start-up against defendants who allegedly contracted to purchase plaintiff's shares in start-up then reneged on such contract, triggering multi-million dollar loss for plaintiff.

Intentional Interference

  • Unfair competition, fraud and intentional interference action filed by distributor of stone and quarry products against competing distributor, alleging that defendants conspired with plaintiff's employee to misappropriate trade secrets and otherwise damage plaintiff's business to benefit defendant.
  • Intentional interference, breach of contract, non-compete and trade secrecy agreement action by manufacturer against former employee who left plaintiff to work for competitor.

Employment

Discrimination

  • Representative action filed by the EEOC on behalf of multiple claimants alleging that Bay Area municipality failed to hire claimants on the basis of their age in violation of the ADEA
  • Age discrimination and whistleblower action claiming that defendant employer targeted plaintiff for termination based upon his age and complaints of alleged illegal activity
  • Single plaintiff federal Title VII civil rights race discrimination and retaliation action against nationwide healthcare support service provider, asserting a series of racially motivated adverse actions against plaintiff.
  • Single plaintiff California FEHA and ERISA action against Bay Area governmental agency alleging race and age discrimination, retaliation, constitutional violations and physical assault of plaintiff employee.
  • Discrimination, harassment, retaliation and wrongful termination suit by employee claiming sexual orientation and disability discrimination against medical practice employer.
  • National origin harassment and retaliation action by the EEOC claiming that defendant verbally abused employee with racial and ethnic epithets, discharged and then retaliated against her by filing a defamation lawsuit against the employee.
  • Plaintiff health care worker alleges race discrimination, harassment, retaliation, and negligent hiring and supervision against defendant employer based upon alleged mistreatment by plaintiff's supervisor over extended period and despite repeated grievances filed on behalf of plaintiff.

EWT and Discrimination

  • Pregnancy disability, discrimination, wrongful termination and wage and hour claims by employee terminated for alleged disclosure of confidential patient information.

Hostile Environment

  • Constructive termination, FEHA race and gender discrimination, sexual harassment, and retaliation claims by employee alleging harassment and retaliation by manager and failure to take remedial actions by defendant national non-profit organization.

Labor Code

  • Plaintiffs, employees of defendant shipping and delivery company, allege violations of California Labor Code and wrongful termination of public policy based upon defendant's suspension of plaintiffs pending resolution of traffic citations.
  • Plaintiff, outside sales employee of software company, alleges misclassification as exempt employee under federal and California law, as well as wrongful termination in violation of public policy following employee's complaints of improper business practices.

Wage and Hour

  • Employment/disability discrimination, wrongful termination and failure to accommodate claims based upon employer's alleged failure to re-employ plaintiff following medical emergency and rehabilitation.

Wrongful Termination

  • Single plaintiff wrongful termination, defamation, fraud and Bus. & Prof. Code §17200 action based upon claim that plaintiff was falsely imprisoned and coerced into confessing theft from defendant employer
  • Sexual Orientation Discrimination, Harassment, Retaliation and Wrongful Discharge / Constructive Termination Action Against Plaintiff's Former Employer.
  • Multi-plaintiff California FEHA age discrimination, retaliation and wrongful termination claims against national retailer arising from retailer's termination of all plaintiffs for alleged violations of company policy. Plaintiffs claimed grounds given for termination were pretext for discriminatory termination decisions.
  • Plaintiff employee alleges that defendant employer liable for disability discrimination, hostile work environment harassment, failure to accommodate and to engage in interactive process, and unpaid meal and rest break violations.
  • Wrongful termination / sexual harassment / retaliation case alleging that plaintiff was terminated for pretextual reasons following plaintiff's rejection of supervisor's sexual advances.
  • Racial harassment, discrimination, retaliation, defamation and wrongful termination action by employee alleging adverse actions and impact based upon employer's claimed failure to prevent racial epithets.
  • Employment: Race discrimination, retaliation, and wrongful termination lawsuit action by two plaintiffs wrongful termination and adverse treatment based upon their protected status.
  • Disability discrimination claim by plaintiff alleging that her temporary work assignment was not extended due to disclosure of alleged disability and alleged failure to accommodate.

Govt./Public Agency

Regulatory

  • False Claims Act action alleging Medicare fraud based upon allegations of defendants providing unneeded medical testing.

Insurance

Bad Faith

  • Bad faith action by insured against insurer alleging failure to timely pay defense costs at appropriate level based upon complexity of underlying action.

Coverage

  • Coverage dispute stemming from resolution of patent, trademark and copyright action following pre-trial summary judgment ruling and subsequent jury trial determinations. Coverage dispute arising from federal false advertising, trademark infringement and counterfeiting action.

Subrogation

  • Indemnification, subrogation and related coverage dispute among public utility and its contracting parties arising from major California wildfire.

Intellectual Property

IP Copyright

  • Copyright and trademark infringement action by software developer against defendant reseller, based upon defendant's sale of OEM, academic or educational versions of plaintiff's software while allegedly misrepresenting those products as "full version" products.
  • Intellectual Property/IP Copyright: Copyright infringement and breach of contract action by software developer alleging that defendant breached enterprise planning software license agreement and willfully infringed plaintiff's copyrights.

IP Patent

  • Patent infringement action against manufacturer of light emitting diode (LED) components with epitaxial film grown on substrates
  • Patent infringement action filed by non-practicing entity plaintiff alleging infringement of patent covering light emitting diode light bulb technology.
  • Patent and trade dress infringement action alleging that defendants infringed plaintiff's design patent and trade dress applicable to toy products sold internationally
  • Patent and trademark infringement action alleging misappropriation and infringement of plaintiff's intellectual property underlying performance motion capture technology
  • Patent, trademark and copyright infringement action alleging that defendants had produced and sold counterfeit versions of plaintiff's smartphone peripheral device products
  • Patent infringement action claiming direct, indirect and induced infringement, filed by technology and software company against defendant developer manufacturer of software, cloud services, tablets, smartphones and gaming consoles. Action involved method and apparatus for live streaming of video over the Internet.
  • Patent infringement action and cross-action contesting the validity of multiple patents between competing manufacturers/retailers of high-end recreational sports equipment.
  • Patent infringement complaint alleged that multiple patents owned by plaintiff were infringed by worldwide developer/seller of consumer electronic products. The underlying claims involved mobile device products and innovations in the field of augmented reality. When prior settlement exchanges were not productive, the parties entered mediation and a complete resolution was reached.
  • Patent infringement action, with cross-action alleging the invalidity of multiple patents, between competing manufacturers/retailers of high-end recreational sports equipment. Following unsuccessful efforts to settle directly, the parties mediated with Mark, reaching a settlement agreement as to all key claims and cross claims.
  • Patent infringement action alleging willful infringement by defendant of plaintiff's patented design of flexible swim bait fishing lures.
  • Patent infringement action by international manufacturer against nationwide retailer alleging infringement of multiple patents involving lighting technology.
  • Patent infringement action against 10+ defendant national retailers alleging that defendants' e-commerce websites infringed plaintiff's patent over a system allowing users to search terms that are descriptive of files, via both literal infringement and infringement under the doctrine of equivalents. Defendants claim that plaintiff collaterally estopped, as well estopped via prosecution history estoppel and doctrine of claim vitiation, based upon prior litigation and patent prosecution history.

IP Right Of Publicity

  • Right of publicity and trademark infringement action by individual and corporation against worldwide developer of computer gaming equipment, alleging misappropriation and misuse of plaintiffs' name in defendant's video games.

IP Trade Secrets

  • Unfair competition, fraud and theft of trade secrets action by staffing agency against competing staffing agency alleged to have misappropriated trade secrets, hired away key employees and interfered with plaintiffs' contractual relationships.
  • Unfair competition, fraud and intentional interference action filed by distributor of stone and quarry products against competing distributor, alleging that defendants conspired with plaintiff's employee to misappropriate trade secrets and otherwise damage plaintiff's business to benefit defendant.

IP Trademark

  • Trademark infringement, unfair competition injunctive relief and damages action by international manufacturer alleging illegal United States sales of grey market parts by defendant.
  • Trademark infringement, unfair competition, false advertising and trademark dilution action by plaintiff/acquirer of specific trademarks and trade names against defendant, following defendant/competitor's alleged effort to register plaintiff's marks.
  • Trademark infringement and unfair competition claims by plaintiff benevolent association against alleged splinter-group association, alleging wrongful registration of similar marks and dilution of plaintiff's marks.
  • Trademark infringement and breach of non-compete contract action against seller of specific trademarks, triggered by seller's post-sale use of marks under Fair Use doctrine.
  • Trademark infringement, dilution, unfair competition, and false designation of origin action by plaintiff entrepreneur claiming ownership of multiple famous trademarks allegedly abandoned by defendant national retail chain.
  • Trademark infringement action by owner/manufacturer of health-related food products against competing health food product manufacturer/distributor over allegedly confusingly similar marks.
  • Plaintiff - a worldwide luxury brand retailer - sued various Bay Area retailers alleging trademark infringement, counterfeiting and false designation of origin based upon defendant retailers' sale of alleged "knock-off" products.
  • Trademark infringement, unfair competition and false designation of origin action by developer/supplier of software-based audio signal processing tools and hardware against defendant developer/manufacturer of smartphones and other mobile devices
  • Declaratory relief action seeking non-infringement determination by Internet-based media company against advertising agency seeking to block use of allegedly confusingly similar name.
  • Plaintiff water dispensing company sued defendant - a distributor of ice to retailers - alleging trademark infringement, trademark dilution, unfair competition and deceptive trade practices. Defendant counterclaims for declaratory relief and for cancellation of plaintiff's trademark registration.
  • Plaintiff, a worldwide premier brand retailer, sued a series of Bay Area retailers, alleging trademark infringement, counterfeiting and false designation of origin based upon defendants' alleged sale of "knock off" products. Following a single mediation session and follow up calls to also resolve related insurance carrier issues, plaintiff's claims were resolved in full against all defendants for a confidential sum.
  • Plaintiff consumer product company filed a trademark infringement, trademark dilution, unfair competition and deceptive trade practices action against competing consumer product company, who counterclaimed against plaintiff. When the parties' direct settlement efforts did not succeed, the dispute was mediated with Mark, and in a single session, all claims and cross-claims were fully resolved.
  • Trademark infringement, unfair competition injunctive relief and damages action by international manufacturer alleging illegal sales of grey market parts by defendant reseller.
  • Intellectual Property / IP Trademark / Federal trademark and trade dress infringement, unfair competition, injunctive relief and damages action by designer/manufacturer/seller of distinctive apparel products against plaintiff's co-founder, based upon defendant's competing sales of allegedly infringing similar products.

Real Estate

Breach Of Contract

  • Multi-party lease dispute involving claims and cross-claims of breach of contract, bad faith and tortious interference with contract, based upon a series of lease agreements and conflicting party interests. All four parties' claims fully resolved at mediation with Mark's assistance.
  • Multi-part commercial lease dispute involving claims and cross-claims of breach of contract, bad faith and tortious interference with contract, based upon a series of lease agreements and conflicting party interests.
  • Plaintiff, a national developer of large housing projects, claimed breach of development contract and associated business torts arising from defendant housing cooperative's alleged failure to reimburse plaintiff for third party out of pocket expenses attributable to planned redevelopment of defendant housing project.

Landlord/Tenant

  • Breach of Contract, Fraud and Unfair Business Practices Action arising out of lease dispute.
  • Breach of lease, negligence and statutory claims based upon landlord's alleged failure to maintain premises in compliance with building and public safety laws.
  • Breach of contract, negligence, and habitability claims by tenant against landlord based upon landlord's alleged failure to deliver and maintain premises in compliance with building codes and public safety regulations.

Real Estate Land Use

  • Multi-plaintiff dispute claiming nuisance and challenging permittance of proposed renovations by defendant alleged to have converted private residence for commercial exploitation surrounding a popular television production.

Downtown Los Angeles

601 S. Figueroa
Ste 4000
Los Angeles, CA 90017
Phone: 213.223.1113
Fax      : 213.223.1114

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Los Angeles, CA 90025
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Santa Ana, CA 92705
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San Francisco, CA 94111
Phone: 415.266.1242
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980 9th Street
Suite 2200
Sacramento, CA 95814
Phone: 916.394.8490
Fax      : 916.394.8495

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