Mark H. Churchill is a civil litigation attorney in Holland & Knight's Tysons and Washington, D.C., offices and a co-leader of the firm's Class Action Litigation and Arbitration Team. Mr. Churchill represents clients in complex commercial litigation and disputes and has served as lead trial counsel in federal, state, administrative and arbitration proceedings. He handles a wide array of complex civil litigation matters on a nationwide basis, including those involving business torts, civil fraud, class action defense, contract, employee non-solicitation and non-competition covenants, energy, government contracts, healthcare fraud (including False Claims Act litigation), intellectual property (including patent infringement, trademark and copyright), internal investigations, product liability, securities, tax and trade secret disputes.
Mr. Churchill has served as lead or co-lead counsel for several firm clients in defense of class action lawsuits, ranging from claims brought under state consumer protection statutes to the federal Worker Adjustment and Retraining Notification (WARN) Act. Most recently, he has led the defense for a private equity firm against WARN Act claims brought in the U.S. District Court for the Western District of Virginia, which included significant summary judgment victories on various liability and damages issues. Mr. Churchill also recently served as part of the defense team for client Swisher International, helping negotiate and oversee the settlement and administration of a nationwide class of claimants.
Also prominent among Mr. Churchill's prior litigation matters have been a number of landmark tax cases against the Internal Revenue Service (IRS) concerning the Federal Insurance Contributions Act (FICA) tax exemption for "students," including the successful defense of a class action lawsuit brought against a teaching hospital by former medical residents in training.
Mr. Churchill's extensive experience in alternate dispute resolution (ADR) includes successful client representations in mediation and through arbitration merits hearings. Recently, Mr. Churchill was co-lead counsel for the prevailing party in a hotly contested land valuation and contract dispute arbitrated in Tysons Corner, Virginia.
In addition, Mr. Churchill places an emphasis on pro bono service. Among his successful engagements has been a judgment awarded to a group of former employees for violations of the Fair Labor Standards Act (FLSA). Prior pro bono representations have included victories in child custody, support and abuse and neglect merits hearings before the Domestic Relations Branch of the Superior Court of the District of Columbia and in state courts in the Commonwealth of Virginia
Prior to joining Holland & Knight, Mr. Churchill served for five years as the practice group leader of a large international law firm's Washington, D.C., civil litigation group.
After law school, Mr. Churchill clerked for the Honorable James P. Jones of the U.S. District Court for the Western District of Virginia.
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