Mark J. Hyland, Esq.

Partner at Seward & Kissel LLP

Mark J. Hyland, Esq.

Mark J. Hyland, Esq.

Partner at Seward & Kissel LLP

Biography

Mark J. Hyland is a partner in Seward & Kissel’s Litigation Group. Mark also is a member of the Firm’s three person Management Committee. Mark has practiced at the Firm since graduating law school in 1980, and has been a partner since 1989. Seward & Kissel has approximately 175 attorneys, with approximately 28 in its Litigation Group.

Mark’s primary responsibilities include providing litigation services to a broad range of clients, including investment advisors, broker-dealers and banks. Mark has particular expertise in federal securities law, general commercial law and trademark litigation.



Representative Experience

Recent Trials

Mark is an established trial attorney. He has tried many cases to a jury and the bench and has conducted arbitrations and administrative proceedings throughout the country and in Europe. More recent cases include an arbitration where he successfully defended an investment advisor against Dodd-Frank whistleblower claims, breach of contract and fraud claims and also prevailed on certain counterclaims resulting in a judgment against Claimant; an arbitration where he represented claimants, seed investors in a management company of a venture capital firm, in a 16-day arbitration where claimants alleged breach of contract and breach of fiduciary duty. Mark recently completed a trial where he represented a broker dealer, registered investment adviser, registered investment company before the New York City Tax Appeals Tribunal challenging amount of unincorporated business tax.

Recent Notable Cases

Sidney Gordon and Jeffrey Tauber, on behalf of themselves and All Other Similarly Situated, Plaintiff’s v. Sonar Capital Management LLC, et. al., S.D.N.Y., 11-cv- 9665(JSR)

Mark represented Sonar Capital Management LLC, an investment adviser, the Sonar Funds and its principal in a putative class action alleging violations of Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5, thereunder as well as violations of Section 20A of the 1934 Act in connection with trading in the shares of Sigma Designs Inc. Plaintiffs sought to represent classes of both buyers and sellers of Sigma shares during different periods and sought some $50 million in damages. Plaintiffs alleged that Sonar caused the Sonar Funds to buy and sell shares on the basis of material non-public information provided to a former Sonar managing director who pleaded guilty to federal insider trading charges. After the Sonar defendants vigorously opposed class certification, the Court denied plaintiff’s motion for class certification, finding that one putative representative was not an adequate representative due to an undisclosed fee arrangement with an attorney not appointed to represent the class and the other was not an adequate representative because he was subject to unique defenses in respect of his trading patterns in Sigma. 92 F. Supp.3d 193. Thereafter the Court granted the Sonar Defendants motion for summary judgment dismissing with prejudice the Third Amended Complaint (116 F. Supp.3d 360). The class action certification motion and the Sonar defendant’s motion for summary judgment presented cutting edge issues of law that were resolved in our clients’ favor.

In re BankAtlantic Bancorp Inc. Litigation, Delaware Court of Chancery, C.A. No. 7068-VCL.

Mark represented Wells Fargo Bank N.A. as the trustee of two series of trust preferred securities (“TruPS”) issued by BankAtlantic Bancorp, Inc. (“BBX”) at trial in the Delaware Court of Chancery. BBX’s total TruPS obligations outstanding were approximately $333 million. The documents governing BBX’s TruPS required any purchaser of substantially all of the property of BBX to assume the TruPS obligations. BankAtlantic planned to sell $3.1 billion in loans and $3.4 billion in deposits to BB& T Corporation (“BB&T”), while retaining a portfolio of non-performing assets and the obligation to pay the TruPS holders. Wells Fargo and other plaintiffs contended that the retained assets would not be sufficient to pay the TruPS obligations and that the transaction constituted a sale of substantially all of the property of BBX. Following a two week trial held just six weeks after the commencement of the case, the Court agreed, finding that BBX was selling 85-90% of its assets and its operating business, and that BBX would be unable to pay the TruPS obligations, which would be accelerated after the transaction. The court therefore permanently enjoined the sale. BB&T subsequently agreed to assume the obligation to pay the TruPS under amended deal terms. Mark Hyland co-authored an article about the BankAtlantic case titled, “Delaware Chancery Court Affirms Rights of TruPS Holders,” which appeared in the July/August 2012 edition of The Banking Law Journal.

Solis v. Hofmeister, et. al., 5:12-cv-250-KKC (D. Ky.)

Mark represented an investment adviser in an action brought by the United States Department of Labor alleging violations of ERISA in connection with the management of certain pension plans. The DOL alleged that the plans engaged in certain prohibited transactions under ERISA, alleging damages of more than $25 million. After vigorously defending the action a settlement was achieved under which the action was dismissed for a payment of approximately $360,000.

Tradex Global Master Fund SPC Ltd., et al. v. Titan Capital Group III, LP, et al., Index No. 652127/2010 (Sup. Ct. N.Y. County).

Mark represented defendants in an action commenced in the Supreme Court of the State of New York, New York County, by Tradex Global Master Fund SPC Ltd. and Tradex Global Advisors LLC(“Tradex”) alleging claims of fraud, negligent misrepresentation, breach of fiduciary duty and breach of contract arising out of investment losses suffered in the third quarter of 2010.

Tradex alleged that the fund manager exceeded the authority in the offering documents by taking excessive short-biased positions and that it relied on predictions of positive performance in deciding to maintain its investments, and make additional investments, in a Titan fund which subsequently suffered substantial losses. The terms of the fund’s governing documents (including the subscription agreements and the PPM) disclosed the risks inherent in investments, disclaimed any assurances of positive performance, and granted the investment manager broad discretion to make investment decisions.

Defendants moved to dismiss the suit in its entirety. The trial court dismissed the negligent misrepresentation, breach of fiduciary duty, and breach of contract causes of action, but not the fraud cause of action. Defendants appealed on the grounds that the lower court erred in holding the alleged representations were actionable as fraud and that applicable law recognized that offering documents that specifically disclosed the risks involved in an investment render any reliance on alleged contradictory oral representations unreasonable as a matter of law.

The Appellate Division unanimously reversed the denial of the Defendants’ motion to dismiss Tradex’s fraud claim. Specifically, the Court held that Tradex’s reliance on any alleged oral statements was unjustifiable as a matter of law where the Tradex acknowledged that the application for additional investments was based on the PPM.

In re Big Sandy Holding Co., U.S. Bankruptcy Court for the District of Colorado, No. 12-30138 MER

Mark also represents Wells Fargo Bank as the trustee of a series of TruPS issued by Big Sandy Holding Co. (“Big Sandy”) in Big Sandy’s bankruptcy in the United States Bankruptcy Court for the District of Colorado. Wells Fargo challenged the planned bankruptcy sale of Big Sandy’s bank subsidiary, Mile High Banks, arguing that a particular asset — a federal tax fund– was the property of the subsidiary, not the parent holding company. Seward & Kissel’s intervention achieved a multi-million dollar increase in the consideration to be paid by the subsidiary bank’s p

Overview
Career Highlights

Fordham Law Alumni Association

RelSci Relationships

1039

Number of Boards

2

Contact Data
Trying to get in touch with Mark J. Hyland, Esq.? Subscribe today to access their professional contact information and receive a one time promotion of free Contact Data credits!
Relationships
RelSci Relationships are individuals Mark J. Hyland, Esq. likely has professional access to. A relationship does not necessarily indicate a personal connection.

Of Counsel at Chadbourne & Parke LLP

Relationship likelihood: Strong

Faculty Member at National Institute For Trial Advocacy, Inc.

Relationship likelihood: Strong

Of Counsel at Skadden, Arps, Slate, Meagher & Flom LLP

Relationship likelihood: Strong

Partner at Willkie Farr & Gallagher LLP

Relationship likelihood: Strong

Chairman, Senior Trial Group at Wilson, Elser, Moskowitz, Edelman & Dicker LLP

Relationship likelihood: Strong

Former Comments Editor, Fordham Law Review at Fordham University - School of Law

Relationship likelihood: Strong

Partner, Litigation Group & Co-Head of Government Enforcement & Internal Investigations Practice at Seward & Kissel LLP

Relationship likelihood: Strong

Senior Counsel at Seward & Kissel LLP

Relationship likelihood: Strong

Former Partner at Skadden, Arps, Slate, Meagher & Flom LLP

Relationship likelihood: Strong

Of Counsel at Wachtell, Lipton, Rosen & Katz

Relationship likelihood: Strong

In The News
The New York Times - Biographical Materials
August 13, 2013
Paid Notice: Deaths MCLAUGHLIN, HON
Paths to Mark J. Hyland, Esq.
Potential Connections via
Relationship Science
You
Mark J. Hyland, Esq.
Partner at Seward & Kissel LLP
Memberships
Member
Current

American Bar Association provides legal services. It provides law school accreditation, continuing legal education, legal information and other services to assist legal professionals. The firm has members which include judges, court administrators, law professors, and non-practicing attorneys. The company was founded on August 21, 1878 and is headquartered in Chicago, IL.

Member
Current

The New York State Bar Association (NYSBA) is a voluntary bar association for the state of New York. NYSBA was founded in 1877 with the stated goal to cultivate the science of jurisprudence; to promote reform in the law; to facilitate the administration of justice, and to elevate the standards of integrity, honor, professional skill, and courtesy in the legal profession. Its first President was David B. Hill. Among the reforms in the legislation signed into law creating the association was the removal of the restrictions on the admission of women to the practice of law. In 1896, NYSBA proposed the first global means for settling disputes among nations, what is now called the Permanent Court of Arbitration in The Hague.

Member
Current

The New York County Lawyers' Association, also known as the NYCLA, is a bar association located in New York City. The New York County Lawyers' Association was founded in 1908 because the existing bar association excluded some lawyers from membership due to their race, gender, ethnicity or religion. A meeting held in Carnegie Hall in 1907 determined to create a "democratic bar association" and 143 attorneys incorporated the NYCLA a few months later. The association is located at the New York County Lawyers' Association Building in Lower Manhattan.

Career History
Partner
1980 - Current
President
Current

The Fordham Law Alumni Association is an extraordinary group dedicated to making the Fordham Law vision a reality. This vision is an extension of our mission: to teach our students to think with rigor and insight, to equip them with the highest level of practical skills, and to instill in them the importance of ethics and service. The Association achieves this goal by deepening the already strong bond between the School and our alumni. Alumni involvement and a commitment to one another have always been and will continue to be hallmarks of the Association’s work.

Boards & Committees
Member, President's Council
Current

Fordham University is a private, nonprofit, coeducational research university based in New York City, United States. It was founded by the Catholic Diocese of New York in 1841 as St. John's College, placed in the care of the Society of Jesus shortly thereafter, and has since become an independent institution under a lay board of trustees, which describes the University as "in the Jesuit tradition." Fordham is composed of ten constituent colleges, four of which are for undergraduates and six of which are for postgraduates. It enrolls approximately 15,000 students across three campuses in New York State: Rose Hill in the Bronx, Lincoln Center in Manhattan, and Westchester in West Harrison. In addition to these campuses, the University maintains a study abroad center in the United Kingdom and field offices in Spain and South Africa. Fordham awards the Bachelor of Arts, Bachelor of Science, and Bachelor of Fine Arts degrees, as well as various master's and doctoral degrees.

Member, Board of Directors
Current

The Fordham Law Alumni Association is an extraordinary group dedicated to making the Fordham Law vision a reality. This vision is an extension of our mission: to teach our students to think with rigor and insight, to equip them with the highest level of practical skills, and to instill in them the importance of ethics and service. The Association achieves this goal by deepening the already strong bond between the School and our alumni. Alumni involvement and a commitment to one another have always been and will continue to be hallmarks of the Association’s work.

Political Donations
$500
1994

Founder & Chair at Susan Molinari Strategies LLC

Other Affiliations
This web site is not endorsed by, directly affiliated with, maintained, authorized, or sponsored by Mark J. Hyland, Esq.. The use of any trade name or trademark is for identification and reference purposes only and does not imply any association with the trademark holder. The Presence of Mark J. Hyland, Esq.'s profile does not indicate a business or promotional relationship of any kind between RelSci and Mark J. Hyland, Esq..
  • be_ixf; php_sdk; php_sdk_1.4.15
  • https://relationshipscience.com/person/mark-j-hyland-esq-25891241
  • https://relationshipscience.com/person/mark-j-hyland-esq-25891241