Mark is a partner in the Atlanta office of Troutman Sanders. He specializes in civil and administrative litigation concerning government and regulatory issues, as well as advising on procurement matters, rule-making and corporate governmental compliance.

Mark came to Troutman Sanders in January 1999, after an extensive legal career in state government. He spent 13 years as an assistant and senior assistant attorney general, representing a variety of government agencies in state and federal court, both in trial and on appeal, and providing advice to state and local agencies on a wide variety of matters, including education, election and voting rights, professional licensing, health care and law enforcement. He also worked closely with members of the Georgia General Assembly in formulating congressional and legislative reapportionment plans which were submitted to the United States Department of Justice.

Mark was appointed by Governor Zell Miller as the first chief state administrative law judge, where he was responsible for the formation of the Office of State Administrative Hearings, the agency charged with conducting licensing and regulatory hearings for the majority of state agencies. Mark next served on Governor Miller’s senior staff during Governor Miller’s second term, both as executive counsel and chief of staff.

In his litigation practice, Mark represents both governmental entities and private clients in federal and state litigation involving constitutional, civil rights, voting rights and election matters. He also represents individuals and companies in administrative hearings concerning licensing, procurement and rule-making issues.

In his regulatory practice, Mark advises clients on issues relating to contract procurement, health care, professional and industrial licensing, open records and open meetings laws, and lobbying and ethics requirements. Mark also assists clients in developing legislation and strategies to assist in creating or expanding governmental contracting opportunities.

Representative Experience
Lead defense counsel in state and federal constitutional challenges to Georgia law requiring photographic identification at the polls (2005-2009)

Lead defense counsel in class action civil rights challenge to state foster care program (2002-2005)

Co-counsel representing State of Georgia in federal redistricting litigation (2001-2004)

Represented large health care corporation in contract negotiations with state agency (2003-2004)

Lead counsel defending challenges to admissions process of University of Georgia undergraduate and law school programs (1999-2001)

Principal Counsel in connection with negotiations with U.S. Department of Justice over state juvenile detention facilities (1998)

Lead advisor to Georgia General Assembly in formulating reapportionment plans for U.S. congressional and state legislative districts (1991-1992)

Lead counsel in state appellate litigation which defined scope of chiropractic practice in Georgia (1987)

Lead counsel in landmark Georgia Supreme Court litigation determining scope of conflicts of interest for members of state legislature (1984-1985)

Representative Cases
Perdue v. Kenny A., 132 S. Ct. 1662 (2010) – Successfully argued for the reversal of an enhancement to an award of attorney’s fees, with the Supreme Court holding that only in the most extraordinary of circumstances could an increase in the lodestar amount be made based upon the quality of an attorney’s representation.

Common Cause/Georgia v. Billups, 554 F.3d 1340 (11th Cir. 2009) – Successfully defended State of Georgia against constitutional challenge to photo identification law for in-person voting.

Larios v. Cox, 314 F. Supp. 2d 1357 (N.D. Ga. 2004) – Co-counsel for State of Georgia in defending congressional and legislative redistricting plans against one person, one vote challenge.

Georgia v. Ashcroft, 195 F. Supp. 2d 25 (D.D.C. 2002) – Co-counsel for State of Georgia in seeking a declaratory judgment that legislative redistricting plans did not violate Section 5 of the Voting Rights Act.

Johnson v. Board of Regents, 263 F.3d 1234 (11th Cir. 2001) – Defended the University of Georgia’s freshman admissions policy that provided a numerical bonus for non-white applicants.

Foster v. Georgia Board of Chiropractic Examiners, 257 Ga. 409 (1987) – Successful defense of statute setting forth the scope of chiropractic practice in Georgia.

Georgia State Board of Pharmacy v. Lovvorn, 255 Ga. 259 (1985) and Georgia Dep’t of Medical Assistance v. Allgood, 253 Ga. 370 (1984) – Represented State of Georgia in landmark Georgia Supreme Court litigation determining the scope of conflicts of interest for legislative members.   

Crowder v. Ginn, 248 Ga. 824 (1982) – Successfully argued for expansion of long-arm jurisdiction in Georgia.

Co-author, Administrative Law, 51 Mercer L. Rev. 103 (1999)

Co-author, Georgia’s Open Records and Open Meetings Laws: A Continued March Towards Government in the Sunshine, 40 Mercer L. Rev. 1 (1988)

Co-author, Administrative Law, 39 Mercer L. Rev. 43 (1987)

Co-author, Administrative Law, 38 Mercer L. Rev. 17 (1986)