Mr. Clark has handled a wide range of strategically significant matters across a range of industries, including complex commercial and multijurisdictional litigation; disputes arising out of corporate mergers and acquisitions and insurance and reinsurance transactions; class action litigation; securities, governance and corporate law matters; trade secret misappropriation and noncompetition disputes; and intellectual property litigation.
Mr. Clark’s experience includes representing:
- the directors of EMC Corporation in state and federal court litigation arising out of its sale to Dell Technologies for approximately $60 billion, including a Massachusetts Supreme Judicial Court case that resulted in a decision establishing the standard for fiduciary duty litigation in Massachusetts;
- Merrimack Pharmaceuticals in litigation against convertible noteholders arising out of its sale of assets for up to $1.025 billion;
- Nightstar Therapeutics in state and federal court litigation arising out of its $800 million sale to Biogen;
- GTY Technology in state and federal court proceedings in its acquisition of six companies in a SPAC transaction;
- Terumo Americas Holding in a post-closing federal court lawsuit arising out of its acquisition of Harvest Technologies;
- Getronics N.V. in arbitration and parallel state and federal court proceedings arising out of the sale of certain North American subsidiaries;
- Sycamore Networks in a post-closing purchase-price adjustment arbitration arising out of the sale of assets to a private equity firm;
- the directors of IntraLinks Holdings in a federal securities class action and related derivative lawsuits in state and federal courts;
- Aviva International Insurance in defending a class action relating to the sale of structured settlement annuities;
- A&E Television Networks, members of the band Bon Jovi, the Boston Red Sox, Fox Broadcasting Company, Major League Baseball Properties, Time Warner, Turner Broadcasting Systems and others in multiple state and federal trial and appellate court proceedings defending against claims for unfair competition and alleged violation of a consumer protection statute;
- Databricks in federal court litigation concerning trade secret misappropriations and solicitation of employees;
- Aspen Technology, Inc., AVG Technologies, EMC Corporation, Summer Infant and VMware in expedited court proceedings seeking injunctive relief to enforce covenants not to compete with key executives and to protect against theft of trade secrets and confidential information;
- Elara Caring in expedited injunction proceedings concerning employee poaching in violation of restrictive covenants and breach of confidentiality obligations;
- Dell Technologies and EMC Corporation in a federal court copyright infringement litigation;
- Acacia Communications in litigation concerning unfair competition and interference with contractual and prospective relations;
- CPK Media in a federal court injunction proceeding related to the launch of its new business;
- The Associated Press, Gannett Co., the LPGA, the NFL, The Washington Post and numerous other content creators as amicus curiae in New York federal court and the Second Circuit;
- Argus Media in federal court and American Arbitration Association proceedings concerning breach of contract and copyright infringement claims;
- Weil Lifestyle in multiple federal court proceedings asserting claims for breach of a license agreement and personal guarantee contract; and
- EIM Holdings, Elders Limited, the Los Angeles Regional Food Bank and Validus Holdings in federal court proceedings across the country involving internet domain name and cybersquatting claims.
Mr. Clark’s practice also includes representing corporations and individuals in matters before the SEC, the Massachusetts Attorney General’s Office and the Massachusetts Securities Division.
Working alongside Skadden’s transactional practice, Mr. Clark also advises on corporate and insurance transactions during the negotiation and execution stages, as well as in post-closing disputes.
He also maintains an active pro bono practice and regularly handles housing court, family law, prisoners’ rights, wage theft and immigration matters, and has served on the pro bono panels of the Second and Ninth Circuits. He has been recognized in The National Law Journal’s Appellate Hot List for his work on a prisoners’ rights appeal to the First Circuit in which he secured a reversal on a jurisdictional issue of first impression. Mr. Clark also received the Boston Bar Association’s President’s Award for his representation of several victims of the Boston Marathon bombings. He has received the Cornell Law School Exemplary Public Service Award and was named an Excellence in the Law Honoree for Pro Bono by Massachusetts Lawyers Weekly.
Mr. Clark was selected for inclusion in Boston Magazine’s Top Lawyers 2022, which recognizes the “top law professionals in Greater Boston.”
Mr. Clark is a trustee of the Boston Bar Foundation, a nonprofit organization that strives for justice by funding and promoting innovation in legal services, enhancing access to justice for the underserved and supporting the public interest activities of the bar. He also serves on the board of directors of the Volunteer Lawyers Project of the Boston Bar Association, a nonprofit organization dedicated to increasing access to justice in civil legal cases; The Disability Law Center, a nonprofit organization responsible for providing protection and advocacy for the rights of Massachusetts residents with disabilities; and Lawyers for Civil Rights, a nonprofit organization that fosters equal opportunity and fights against discrimination.
- J.D., Cornell Law School, 2005 (cum laude; Managing Editor, Cornell Law Review)
- M.A., Brandeis University, 2002
- B.A., Brandeis University, 2002 (cum laude with high honors in Politics)
- New York
- U.S. District Courts for the District of Massachusetts and the Southern District of New York
- U.S. Courts of Appeals for the First, Second, Third, Sixth and Ninth Circuits
- U.S. Supreme Court