Mark D. Smilow
Principal

  • (212) 682-3025 x. 114

Mark D. Smilow concentrates on shareholder, derivative and consumer class actions in both trial and appellate courts.  He has obtained significant recoveries for stockholders in numerous cases brought under the federal securities statutes.  Among the more prominent, he represented shareholders of Jones Pharma Incorporated who exchanged their shares for those of King Pharmaceuticals, Inc., which culminated in a total settlement of $38.25 million (In re King Pharmaceuticals, Inc. Securities Litigation, 03 cv 77) in the Eastern District of Tennessee; shareholders of Martha Stewart Living Omnimedia, Inc. in the Southern District of New York, which culminated in a $30 million settlement (In re Martha Stewart Living Omnimedia, Inc. Sec. Litig., 02 cv 6273 (JES)); and the shareholders of KeySpan Corporation in a securities fraud case culminating in a $13.75 million settlement (In re KeySpan Corp. Sec. Lit., 2001 cv 5852) in the Eastern District of New York.  Moreover, many of Mr. Smilow’s cases produced reported opinions of great interest to practitioners, including Minzer v. Keegan, 218 F.3d 144 (2d Cir.2000), cert. denied, 531 U.S. 1192, 121 S.Ct. 1190, 149 L.Ed.2d 106 (2001); Sedighim v. Donaldson, Lufkin & Jenrette, Inc., 167 F. Supp. 2d 639 (S.D.N.Y. 2001); and Rosenfeld v. Port Auth., 108 F. Supp. 2d 156 (E.D.N.Y. 2000).

In representing investors against corporate officers and directors for breach of fiduciary duty, Mr. Smilow has successfully prosecuted many cases involving corporate takeovers, buyouts and reorganizations in which claims of self-dealing, corporate waste and improper disclosure were asserted.  Some of the more recent are Shaev v. Sidhu, No. 0983 (C.C.P. Philadelphia Co. PA); Brody v. Catell, Index No. 008835/06 (Sup. Ct. Kings Co. NY); and Rosenfeld Fam. Found. Trust v. Ace Cash Express Inc., 06 cv 1100-G (N.D. Tex. Dallas Div.).

Finally, as the chair of the Consumer Litigation Practice Group at the firm, Mr. Smilow currently represents an undetermined number of patients suing out of network medical providers in the Southern District of New York for the improper balance billing of contractually discounted services (Kahaner v. Memorial Sloan Kettering Cancer Center, 07 cv 9626); millions of veterans and active members of the United States Armed Services for privacy law violations (In re Department of Veterans Affairs Data Theft Litigation, Misc. Action No. 06-0506 (JR), MDL Docket No. 1796) in the District of Columbia District Court; and millions of calling card users who are denied the full value of the cards for which they bargained at the time of purchase (Spira v. CVT Prepaid Solutions Inc., et al., Index No. 301164/08 (Bronx Co. NY)).  In an unusual litigation, Mr. Smilow also secured full refunds for one hundred sixty two small businesses in upstate New York in an administrative proceeding before the New York State Public Service Commission deriving from their utility’s improper billing for electric demand (KLCR Land Corp. and Har-Nof, Inc. vs. NYSEG, Case No. 00-E-1678 (PSC June 20, 2003)).

  • Education

  • J.D., Benjamin N. Cardozo School of Law, 1993 (Magna Cum Laude, Law Review)

  • Professional Experience

  • Legal Intern to the Honorable Jack B. Weinstein, E.D.N.Y. (1992)

  • Admissions

  • State of New York
  • State of New Jersey
  • U.S. District Court - Northern District of New York
  • U.S. District Court - Southern District of New York
  • U.S. District Court - Eastern District of New York
  • U.S. District Court - District of New Jersey