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Mark D. Gately

Of Counsel

Mark D. Gately

Mark Gately's skills and experience give him the ability to try any case, if necessary. But more important is his ability to handle and approach any and every case from the perspective of a trial lawyer.

He plans the strategy for the case from day one with the idea that it may well go to trial and that every effort during the pre-trial phase should be directed towards preparing for that possibility and working towards putting together a case that can be won in the courtroom. He firmly believes that all too often cases become expensive, and aimless discovery endeavors are costly and do not benefit the client in any way.

Mark has handled and tried cases in many areas, including antitrust, securities fraud, hostile takeovers, products liability, professional negligence, and earn out and closing date balance sheet adjustment disputes, among others.

Mark's skills as a litigator and trial lawyer have been widely recognized by selection into highly esteemed organizations. He is one of a few lawyers in America who has been honored, and humbled, by membership in the American College of Trial Lawyers, International Academy of Trial Lawyers, International Society of Barristers, and the American Board of Trial Advocates. Chambers USA listed Mark as a Tier 1 litigator (highest level) in Maryland from 2006 through 2012.

Mark considers himself to have been extremely fortunate throughout his career both with respect to his mentors and with regard to the extremely high caliber of people who have worked for and with him. While in law school, as a student clerk he worked for a young Judge Robert Bell, who served as the Chief Judge of Maryland Court of Appeals, Maryland's highest court, from 1996 to 2013. He was also blessed to have had the opportunity to work as a law clerk after graduation for an amazing judge and teacher, Judge C. Stanley Blair of the United States District Court for the District of Maryland.

Of all the awards and recognition Mark has received, his greatest source of pride is that three of his former mentees have been elected to the American College of Trial Lawyers.

"'Superior trial lawyer' Mark Gately 'can't be outworked or outprepared,' say referees: 'If his adversaries go to bed at 2 a.m., he will go to bed at 4, if that's what it takes to win.'"


Representative experience

BNLfood Investment Limited SARL v Martek Biosciences Corp.: Monopolization lawsuit brought by a company based in Luxembourg against Martek Biosciences.

Martek Biosciences Corp./Royal DSM N.V. merger litigation: Breach of fiduciary duty claims against Martek and its board of directors following its US$1.1bn merger with Royal DSM N.V.

Black & Decker Corporation/Stanley Tool Works merger: US$4bn stock exchange merger of equals between the world's largest power tool manufacturers.

Constellation Energy Group Inc.: Litigation was threatened (particularly under the Endangered Species Act) when Constellation constructed the first wind turbine farm in Maryland.

Google/AdMob merger: Headed the antitrust litigation team in preparing for what seemed an almost certain litigation challenge to the merger from the Federal Trade Commission.

Election Systems & Software (ES&S): Lead counsel for ES&S in a monopolization claim asserted by a competitor, Hart Intercivic, in connection with a merger transaction.

Hayes v. Harmony Gold Mining Inc.: Securities fraud and class action on behalf of a purported class of purchasers of American Depository Receipts of Harmony Gold Mining.

Education and admissions


  • J.D., with honors, Order of the Coif, University of Maryland School of Law, 1977
  • B.A., University of Maryland, Baltimore County, 1974


  • Fellow, American College of Trial Lawyers
  • Fellow, International Academy of Trial Lawyers (Maryland State Chair)
  • Member, Product Liability Advisory Counsel
  • Member, The American Board of Trial Advocates (ABOTA)

Bar admissions and qualifications

  • Maryland
  • District of Columbia

Court admissions

  • U.S. Court of Appeals, Federal Circuit
  • U.S. Court of Appeals, 4th Circuit
  • U.S. Court of Appeals, 7th Circuit
  • U.S. Court of Appeals, 3rd Circuit
  • U.S. District Court, District of Columbia
  • U.S. District Court, District of Maryland
  • U.S. District Court, Western District of Illinois
  • U.S. Supreme Court


Litigation: General Commercial (Maryland), Senior Statesman

Chambers USA


Litigation: General Commercial (Maryland)

Chambers USA


Securities Litigation; Top 100, 2013-2016

Maryland Super Lawyers


Bet the Company Litigation

The Best Lawyers in America


Commercial Litigation

The Best Lawyers in America


Litigation - Antitrust; Mergers and Acquisitions; Securities

The Best Lawyers in America


Securities Regulation

The Best Lawyers in America


Top Attorneys in Securities Litigation

Super Lawyers, Business Edition


Principal Trial Counsel for Defendants in Cases That Were "Defense Verdicts of the Year"

National Law Journal

2010, 2013

Top 500 Lawyers in America

LawDragon 500


Local Litigation Stars (Maryland)

Benchmark Litigation

Latest thinking and events

Hogan Lovells Publications

European Product Liability Review - Issue 39

Product Liability Alert

Published Works

Direct and Derivative Actions of Maryland Corporation Stockholders

The Maryland Bar Journal.
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