It is a daily privilege to help journalists keep the public informed. Be it through helping them gather news, protecting confidential information, or defending their right to publish, our firm is proud to stand with our clients & the First Amendment ideals they embody.
About Mark
Mark’s practice focuses on media law, intellectual property, and civil litigation. He practices out of the firm’s Tampa office.
Prior to joining the firm, Mark was an attorney at the Reporters Committee for Freedom of the Press, the nation’s leading legal advocacy non-profit organization serving free press and First Amendment interests. In that role, he specialized in freedom of information, access, and intellectual property issues. Prior to that, he practiced commercial litigation in New York City where he represented foreign and domestic corporate clients in multi-million dollar disputes.
Mark also served as director of the Marion Brechner Citizen Access Project at the University of Florida’s College of Journalism and Communications, where he taught classes in media and telecommunications law. He is a frequent speaker at journalism and media conferences and has been quoted in publications such as The New York Times, The Wall Street Journal and Pro Publica. He has also appeared on NPR and On the Media.
Mark serves on the Department of Journalism Advisory Council at the University of Florida as well as on the ACLU of Florida’s legal panel. During law school, he worked in the sports department of The Gainesville Sun
MA, University of Florida, 2003
JD, University of Florida, 2002
BA, University of Florida, 1998
Tymar Distribution LLC v. Mitchell Group USA, LLC and Rivelle Products, Inc., No. 21-21976-CIV-Altonaga/Torres, 2021 WL 4077966 (S.D. Fla. Sept. 8, 2021). Won dismissal of tortious interference and FDUTPA claims brought against company providing brand-protection services on amazon.com.
Children’s Health Defense v. Facebook Inc., et al., No. 20-cv-05787-SI (N.D. Cal. June 29, 2021). Represented the Poynter Institute for Media Studies, Inc. in obtaining dismissal of lawsuit brought by anti-vaccine group alleging Poynter, through its PolitiFact fact-checking service and its operation of the International Fact-Checking Network, conspired with Facebook and government authorities to prevent it from promoting its views on Facebook and otherwise diminish its message in favor of government viewpoints on vaccine policy. All claims alleged under Bivens, Lanham Act false advertising, civil RICO, and a final claim for declaratory relief were dismissed.
Gary Marder, et al. v. TEGNA Inc., et al., No. 19-81283-CIV-SMITH, 2020 WL 3496447 (S.D. Fla. June 29, 2020). Won dismissal of defamation claims against TEGNA, Gannett Co., Inc. and News Corp. brought by a South Florida physician seeking more than $200 million in damages.
School Board of Broward County v. Cruz and State v. Cruz (Fla. Cir Ct. 2018). Successfully defended the South Florida Sun Sentinel and journalists against contempt petition relating to publication of an unredacted version of an educational assessment report about Parkland shooter Nikolas Cruz.
Folta v. The New York Times Company, et al., No. 1:17-cv-256-MW/GRJ, 2019 WL 486776 (N.D. Fla. Feb. 27, 2019), appeal dismissed, No. 19-10988-HH (11th Cir. Apr. 9, 2019). Won summary judgment for The New York Times and journalist Eric Lipton in defamation case involving news story profiling relationships between public university professors and the biotechnology and organic food industries concerning the safety and regulation of G.M.O. food products.
Department of Corrections v. Amanda St. Hilaire and ABC 27 News, 128 A.3d 859 (Pa. Commw. Ct. 2015). Successfully represented television news station and reporter in Pennsylvania open records appeal by Department of Corrections regarding access to inmate injury records.
Tartell v. South Florida Sinus & Allergy Center, 790 F.3d 1253 (11th Cir. 2015). Reversed cybersquatting verdict and convinced court that plaintiff failed to establish trademark rights.
Bainter v. League of Women Voters of Florida, 150 So. 3d 1115 (Fla. 2014). Successfully represented national coalition of media parties in friend-of-the-court capacity seeking access to sealed evidence considered by trial court in determining whether state legislature’s redistricting plan was constitutional.
Publications
Co-author, Florida Supreme Court Rules Marsy’s Law Does Not Protect Victims’ Names, Media Law Resource Center Media Law Letter (November 2023)
Co-author, Florida Section: Reporters Committee for Freedom of the Press’ Open Courts Compendium (2015 update).
Co-author, Chapter: Public Access in High-Profile Cases, Media Law Resource Center Panic Book (2015 update).
Panelist, Combatting Excessive Fees for Obtaining Government Records, National Freedom of Information Coalition FOIA Summit (2014).
Co-author, Mug Shots on Lockdown: Government and Citizen Backlash to “Exploitation” Websites Surges, Free Speech is the Casualty, Communications Lawyer, American Bar Association, Vol. 30, No. 3 (June 2014).
Author, U.S. Supreme Court Limits Two Federal Freedom of Information Act Exemptions, In Separate Opinions, Grammar and Ordinary Meaning Rule as High Court Rejects Corporate “Personal Privacy” and “High 2,” Media Law Resource Center Media Law Letter (Mar. 2011).
Co-author, Anonymous Speakers and Confidential Sources: Using Shield Laws When They Overlap Online, 16 COMM. L. & POL’Y 89-125 (2011).
Author, Internet-Television, Peer-to-Peer Technology and Free Speech: Lessons from Web 1.0, 20 U. FLA. J.L. & PUB. POL’Y, 295 (2009)
About Mark
Mark’s practice focuses on media law, intellectual property, and civil litigation. He practices out of the firm’s Tampa office.
Prior to joining the firm, Mark was an attorney at the Reporters Committee for Freedom of the Press, the nation’s leading legal advocacy non-profit organization serving free press and First Amendment interests. In that role, he specialized in freedom of information, access, and intellectual property issues. Prior to that, he practiced commercial litigation in New York City where he represented foreign and domestic corporate clients in multi-million dollar disputes.
Mark also served as director of the Marion Brechner Citizen Access Project at the University of Florida’s College of Journalism and Communications, where he taught classes in media and telecommunications law. He is a frequent speaker at journalism and media conferences and has been quoted in publications such as The New York Times, The Wall Street Journal and Pro Publica. He has also appeared on NPR and On the Media.
Mark serves on the Department of Journalism Advisory Council at the University of Florida as well as on the ACLU of Florida’s legal panel. During law school, he worked in the sports department of The Gainesville Sun
Education
MA, University of Florida, 2003
JD, University of Florida, 2002
BA, University of Florida, 1998
Representative Matters
Tymar Distribution LLC v. Mitchell Group USA, LLC and Rivelle Products, Inc., No. 21-21976-CIV-Altonaga/Torres, 2021 WL 4077966 (S.D. Fla. Sept. 8, 2021). Won dismissal of tortious interference and FDUTPA claims brought against company providing brand-protection services on amazon.com.
Children’s Health Defense v. Facebook Inc., et al., No. 20-cv-05787-SI (N.D. Cal. June 29, 2021). Represented the Poynter Institute for Media Studies, Inc. in obtaining dismissal of lawsuit brought by anti-vaccine group alleging Poynter, through its PolitiFact fact-checking service and its operation of the International Fact-Checking Network, conspired with Facebook and government authorities to prevent it from promoting its views on Facebook and otherwise diminish its message in favor of government viewpoints on vaccine policy. All claims alleged under Bivens, Lanham Act false advertising, civil RICO, and a final claim for declaratory relief were dismissed.
Gary Marder, et al. v. TEGNA Inc., et al., No. 19-81283-CIV-SMITH, 2020 WL 3496447 (S.D. Fla. June 29, 2020). Won dismissal of defamation claims against TEGNA, Gannett Co., Inc. and News Corp. brought by a South Florida physician seeking more than $200 million in damages.
School Board of Broward County v. Cruz and State v. Cruz (Fla. Cir Ct. 2018). Successfully defended the South Florida Sun Sentinel and journalists against contempt petition relating to publication of an unredacted version of an educational assessment report about Parkland shooter Nikolas Cruz.
Folta v. The New York Times Company, et al., No. 1:17-cv-256-MW/GRJ, 2019 WL 486776 (N.D. Fla. Feb. 27, 2019), appeal dismissed, No. 19-10988-HH (11th Cir. Apr. 9, 2019). Won summary judgment for The New York Times and journalist Eric Lipton in defamation case involving news story profiling relationships between public university professors and the biotechnology and organic food industries concerning the safety and regulation of G.M.O. food products.
Department of Corrections v. Amanda St. Hilaire and ABC 27 News, 128 A.3d 859 (Pa. Commw. Ct. 2015). Successfully represented television news station and reporter in Pennsylvania open records appeal by Department of Corrections regarding access to inmate injury records.
Tartell v. South Florida Sinus & Allergy Center, 790 F.3d 1253 (11th Cir. 2015). Reversed cybersquatting verdict and convinced court that plaintiff failed to establish trademark rights.
Bainter v. League of Women Voters of Florida, 150 So. 3d 1115 (Fla. 2014). Successfully represented national coalition of media parties in friend-of-the-court capacity seeking access to sealed evidence considered by trial court in determining whether state legislature’s redistricting plan was constitutional.
Bar Admissions
Appearances and Publications
Publications
Co-author, Florida Supreme Court Rules Marsy’s Law Does Not Protect Victims’ Names, Media Law Resource Center Media Law Letter (November 2023)
Co-author, Florida Section: Reporters Committee for Freedom of the Press’ Open Courts Compendium (2015 update).
Co-author, Chapter: Public Access in High-Profile Cases, Media Law Resource Center Panic Book (2015 update).
Panelist, Combatting Excessive Fees for Obtaining Government Records, National Freedom of Information Coalition FOIA Summit (2014).
Co-author, Mug Shots on Lockdown: Government and Citizen Backlash to “Exploitation” Websites Surges, Free Speech is the Casualty, Communications Lawyer, American Bar Association, Vol. 30, No. 3 (June 2014).
Author, U.S. Supreme Court Limits Two Federal Freedom of Information Act Exemptions, In Separate Opinions, Grammar and Ordinary Meaning Rule as High Court Rejects Corporate “Personal Privacy” and “High 2,” Media Law Resource Center Media Law Letter (Mar. 2011).
Co-author, Anonymous Speakers and Confidential Sources: Using Shield Laws When They Overlap Online, 16 COMM. L. & POL’Y 89-125 (2011).
Author, Internet-Television, Peer-to-Peer Technology and Free Speech: Lessons from Web 1.0, 20 U. FLA. J.L. & PUB. POL’Y, 295 (2009)