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Mark Muedeking

Mark Muedeking

Retired Partner
About

Mark Muedeking's primary substantive areas of practice include executive compensation and employee benefits matters.

Mark regularly represents publicly traded and private companies, boards of directors, executives, plans, plan sponsors and fiduciaries in a broad range of employee benefits and executive compensation matters.  He advises several of our largest public clients regarding the development and operation of benefit plans and executive compensation arrangements, including compliance with applicable tax, securities, corporate and governance rules.

He also regularly represents clients in litigation of benefits and executive compensation matters, which gives him a unique perspective in advising clients. Recent litigation experience in these matters includes:

  • Sacerdote, et al. v New York University, 1:16-cv-6284, the United States District Court for the Southern District of New York entered judgment for NYU on all counts following an eight-day bench trial
  • Jacobs, et al. v. Verizon Communications, Inc., et al., pending in the United States District Court for the Southern District of New York, 1:16-cv-01082
  • Vasquez v. Marriott International, pending in the United States District Court for the Middle District of Florida, 8:17-cv-00116 –MSS-MAP
  • Sacerdote, et al. v New York University, pending in the United States District Court for the Southern District of New York, 1:16-cv-6284
  • Bond, et al. v. Marriott International, Inc., 2014 WL 53950 (D. Md. 2014) Obtaining dismissal of putative class action challenging administration of stock plan
  • Mejia v. Verizon Management Pension Plan, et al., 2013 WL 1337191 (N.D. Ill. 2013) Obtaining dismissal with prejudice of putative class action challenging tax treatment of with prejudice
  • In re Constellation Energy Group, Inc., 738 F. Supp. 2d 602 (D. Md. 2010) Obtaining dismissal of putative class action involving fiduciary claims relating to stock price
  • Obtained dismissal for MGM Mirage of several cases challenging administration of executive compensation plans
  • Obtained dismissal of two putative class actions against the National Railroad Passenger Corporation (Amtrak) and its Board of Directors regarding actions taken with respect to administration of benefit plans
  • Arbitration of matters related to change in control severance plans following acquisition of publicly traded company
Bar admissionsDistrict of ColumbiaMarylandSupreme Court of the United States
Education
  • J.D., University of Notre Dame
  • LL.M., Georgetown University
  • B.A., St. John's University
    cum laude

Awards

  • Chambers USA
    • Band 4, District of Columbia Employee Benefits & Executive Compensation (2021-2022) 
    • Band 3, District of Columbia Employee Benefits & Executive Compensation (2018)
    • Band 2, Maryland Employee Benefits & Executive Compensation (2013-2017)
      Band 2, Corporate/M&A (2012)
  • The Legal 500 United States
    • Recommended, Employee Benefits, Executive Compensation and Retirement Plans: Transactional (2020-2021)
    • Recommended, Labor and Employment Disputes (Including Collective Actions): Defense (2020)
    • Recommended, Employee Benefits & Executive Compensation and Retirement Plans: Design (2019) 
    • Recommended, Employee Benefits & Executive Compensation (2014)

Mark was named a 2019 Employment Trailblazer. The publication highlighted his successful defense of New York University in two-related class action suits alleging ERISA violations associated with retirement plan offerings, in which he secured a victory following a two-week bench trial in the first suit and a dismissal of the second.

Prior Experience

Prior to joining the firm, Mark was a Trial Attorney for the United States Department of Justice, Tax Division. Hired under the Attorney General's Honors Program, his experience included representation of the United States in complex civil tax litigation in the United States District Courts; he received the Tax Division's Outstanding Attorney Award.

Mark took a leave of absence from the firm to serve as the Managing Director and General Counsel of the United States Olympic Committee and a member of the US Olympic Team staff for the Summer Olympic Games in Sydney, Australia. Hired to implement governance improvements resulting from the Salt Lake City bid scandal, he was responsible for managing all legal affairs of the organization. He is currently an arbitrator for the Court of Arbitration for Sport (CAS) in Lausanne, Switzerland, and the American Arbitration Association (AAA), and serves as an arbitrator of sports disputes for Olympic and professional sports.

OTHER ACTIVITIES

  • Chair, National Ethics Standards Committee, Standards for Excellence Institute for Nonprofit Organizations
  • 2013 National Security Seminar, US Army War College
  • Trustee, US Army War College Foundation
  • General Counsel, National League of Cities
  • General Counsel, Snowsports Industries America
  • Worked with Senator George J. Mitchell to conduct an independent investigation into alleged illegal use of steroids and other performance-enhancing substances in Major League Baseball

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