H. Mark Madnick / Esq.

Mark is an AV Rated attorney who is an experienced problem solver. He is called upon by his clients to prevent litigation as well as vigorously prosecute or defend claims on their behalf in arbitration, mediation and both state and federal courts.

After practicing law for 10 years, including several with an Amlaw 200 firm, Mark joined the legal department of a national healthcare company as Corporate Counsel. There, he gained extensive experience in the operations of the company while providing legal counsel to company leadership in all aspects of the company’s businesses, as well as managing outside counsel in business litigation, professional liability litigation, and matters related to labor and employment.

Handles complex commercial litigation in cases involving health care, banking, real estate, and general business matters.

Selected Results*

Successfully prosecuted claims on behalf of a large home-furnishings company and national franchisor for fraud, breach of contract, intentional interference, and unlawful business practices against private equity funds and their principals, ultimately resulting in the entire preferred return (in excess of $49 million) associated with stock issued to the private equity funds being eliminated and the preferred shares surrendered to the company for less than half of the amount of the original principal investment of the private equity funds. (Prior to joining Kramar Madnick L.L.P.)

Successfully defended the directors and officers of a large privately held corporation in litigation brought by a minority private equity investor alleging various claims including breach of fiduciary duty and constructive fraud resulting in a complete dismissal. (Prior to joining Kramar Madnick L.L.P.)

Co-counsel in trial resulting in the defense of a lender's claims of breach of several provisions of a construction loan agreement. (Prior to joining Kramar Madnick L.L.P.)

Co-counsel in trial representing a commercial landlord in a dispute involving a multi-million dollar lease. (Prior to joining Kramar Madnick L.L.P.)

Represented a hotel land developer and its principals in litigation against one of the largest private equity firms on the West Coast. The suit alleged claims related to underfunding of the project and fraud and also successfully defended the clients against breach of contract and alter ego claims asserted by the private equity firm. (Prior to joining Kramar Madnick L.L.P.)

Defended the directors and officers of a large privately held corporation in litigation brought by a minority private equity investor alleging various claims, including breach of fiduciary duty and constructive fraud. The case resulted in a complete dismissal. (Prior to joining Kramar Madnick L.L.P.)

Successfully prosecuted claims for breach of a construction loan agreement on behalf of a multi-unit residential developer against a large international bank and subsequent acquirer of the loan for failure to timely and completely fund the loan resulting in a favorable settlement in the middle of trial. (Prior to joining Kramar Madnick L.L.P.)

* Past results are reported to provide the reader with an indication of the type of litigation in which we practice and does not and should not be construed to create an expectation of result in any other case as all cases are dependent upon their own unique fact situation and applicable law.

Awards and Recognition

  • AV® Preeminent™ Peer Review Rating 2013-2017 AV® Preeminent™ Peer Review Rating 2013-2017, http://www.martindale.com
  • America's Most Honored Professionals 2016 - Top 1%
  • Martindale-Hubbell Top Rated Lawyers in Litigation

Memberships

  • American Bar Association
  • Beverly Hills Bar Association
  • Los Angeles County Bar Association

Bar Admissions

  • California
  • U.S. District Court, Central District of California
  • U.S. District Court, Northern District of California
  • U.S. District Court, Southern District of California

Education

  • University of California, Hastings College of Law, J.D. (2003)
  • UCLA, B.A., Political Science with a Specialization in Business Administration (2000)

Articles

  • Pursuing Defaulting Tenants - Careful What You Wish For Law360 (May 7, 2012)
  • When You Cannot Get Default Interest By Default Law360 (October 2, 2012)
  • Another Usury Exemption for California Lenders Law360 (January 17, 2013)
  • Riverisland Ruling Gives Calif. Fraud Victims Fairer Shake Law360 (January 23, 2013)