Securities Litigator Mark R.S. Foster Joins Skadden as a Partner in Palo Alto

Skadden is pleased to announce that Mark R.S. Foster has rejoined the firm, as a partner in the Litigation Group in our Palo Alto office. Mr. Foster was previously a co-chair of the securities litigation, enforcement and white collar defense group and co-head of the San Francisco litigation department at another global law firm. His practice focuses on representing public companies — and their officers and directors — in securities fraud class actions, shareholder derivative lawsuits, shareholder demands and related investigations. Mr. Foster began his legal career at Skadden, working primarily on securities litigation matters.

Mr. Foster defends clients against investor lawsuits that allege violations of federal and state securities laws. He also represents companies and directors and officers in connection with breach of fiduciary duty and insider trading allegations, and routinely counsels on disclosure issues, including those related to adverse events and corporate governance matters.

Mr. Foster has represented entities — ranging from Fortune 100 to startup companies — in numerous sectors, such as life sciences, retail, manufacturing and technology (including cleantech). He has advised boards of directors in connection with demands for action and investigations, as well as books and records. Mr. Foster has won dispositive pre-trial motions, prevailed on the merits at trial and preserved victories on appeal, developing novel legal arguments that have broken new ground in several areas of the law.

“We are thrilled to welcome Mark back to the firm, where his practice will complement the high volume of securities litigation work handled by partners Peter Morrison and Virginia Milstead in California,” said Jay B. Kasner, head of Skadden’s nationwide securities litigation practice. “Mark’s extensive experience defending corporations and individuals in high-stakes shareholder litigation will enhance our capabilities in the Northern District of California, which is one of the busiest jurisdictions in the U.S. for securities litigation filings.”

Over the past three years, Skadden’s nationwide securities litigation practice defended more federal securities actions and federal securities class actions than any other firm, according to Lex Machina.

“I am excited to rejoin the firm as part of its renowned Securities Litigation Group, and to collaborate with colleagues in Palo Alto and around the globe in advising clients on their most challenging legal issues,” said Mr. Foster.

Launched in 1987, Skadden’s West Coast litigation practice is co-led by partners Jack DiCanio in Palo Alto and Peter Morrison in Los Angeles. Among other disputes-related matters, the group handles “bet-the-company” securities-related claims ranging from novel issues arising in the fintech and digital assets spaces, to event-driven class action litigation, to representing directors and officers in their defense of derivative actions.

“Mark has a terrific reputation as a trusted advisor to boards, C-level executives and general counsel at companies across a broad array of sectors,” said Emily M. Lam, head of Skadden’s Palo Alto office. “His laser-like focus on client service makes him an ideal fit for our firm and will be of tremendous value.”

Mr. Foster earned his B.A. from the University of California, Davis, and attended Santa Clara University School of Law, where he was a dean’s fellow with a full-merit scholarship and graduated first in his class.