LeHocky Mediation

Mark LeHocky   Mediation Services

Professional Experience

Mediator and Arbitrator

(2012 to present): First appointed as a mediator for the federal courts in 1999, Mark’s current mediation practice includes state and federal actions involving:

  • Intellectual property (copyrights, patents, trademarks and trade secrets)
  • Employment (class and individual cases)
  • Consumer (class and individual cases)
  • Commercial, antitrust, unfair competition and contract actions
  • Insurance coverage and contract disputes
  • Real estate leasing, sales and construction defect disputes
  • Business acquisition and dissolution disputes
  • Social media, privacy and data breaches

Mark's work as a mediator has earned him a listing among Best Lawyers in America for Mediation for successive years by U.S. News - Best Lawyers ®, as well as being designated a Distinguished Fellow by the International Academy of Mediators

Mark also serves as the Director of Commercial Arbitration for Judicate West and is available to serve as an arbitrator for any of these types of disputes.

Of Counsel, Kilpatrick Townsend

(San Francisco, CA: 2014 to March 2015): As one of the founders of the antitrust litigation boutique firm that presaged Kilpatrick’s San Francisco office, Mark recently defended and resolved a federal and state antitrust conspiracy litigation matter before closing his law practice and separating from the firm in order to devote his full time to mediation, arbitration and teaching mediation advocacy.

Ross Stores, Inc.

Senior Vice President, General Counsel and Corporate Secretary (Pleasanton, CA: 2007 to 2012). Ross is an S&P 500 and NASDAQ 100 company (ROST) and the second largest off-price retailer in the United States, with 2011 revenues of $8.6 billion, 54,000 employees and over 1,100 stores. As Ross’s general counsel, Mark:

  • Managed all major litigation, including class and individual employment, intellectual property, privacy and contract litigation, as well as government and private investigations
  • Established company-wide early dispute resolution program to accelerate disposition of all civil cases through alternative dispute mechanisms
  • Created new intellectual property protection programs to acquire and maintain key IP assets and pursue enforcement actions as needed
  • Developed and implemented new compliance programs, including employee wage and hour and classification, data privacy and product safety initiatives

Dreyer’s Grand Ice Cream, Inc. / Nestlé, S.A.

Vice President, General Counsel and Corporate Secretary (Oakland, CA: 2000 to 2007). Dreyer’s, now a subsidiary of Nestlé, S.A., is the largest U.S. manufacturer / distributor of ice cream products. Prior to merging with Nestle, Dreyer’s was a Fortune 1000 public company. As Dreyer’s general counsel, Mark:

  • Managed all of Dreyer’s employment, contract and commercial litigation through active use of early and alternative dispute resolution
  • Helped design and execute a two-stage merger transaction with Nestlé, S.A., combining Nestlé’s U.S. ice cream operations with Dreyer’s pre-existing operations
  • Managed the defense and resolution of the Federal Trade Commission’s antitrust challenge to the Dreyer’s / Nestlé merger, as well as contemporaneous government investigations
  • Negotiated multiple acquisitions of other brand, manufacturing and franchise businesses (Eskimo Pie, Haagen-Dazs Shoppes Company; Silhouette Brands), as well as patents, trademarks and other technology rights relating to food production and innovation.
  • Trained and advised Nestlé international legal team on litigation management and dispute resolution

Freeland, Cooper, LeHocky & Hamburg

Principal (San Francisco, CA: 1987 to 2000). Here, Mark managed the complex litigation practice of this boutique law firm, prosecuting and defending intellectual property, employment, antitrust, commercial and class action disputes, representing clients including Apple, AT&T, Dreyer’s and Met Life.

Prior to joining the Freeland law firm, Mark honed his litigation skills at two other San Francisco law firms: Wilson, Ryan & Campilongo, and Khourie, Crew & Jaeger (formerly Broad, Khourie & Schulze).

Education

Mark obtained his legal degree from the University of California, Berkeley School of Law (Boalt Hall), and his undergraduate degree from the University of California, Los Angeles, where he graduated Magna cum laude.

Reported Decisions

  • Lambtek Yogurt Machines v. Dreyer’s Grand Ice Cream, Inc.; Trade Cases (CCH) 71,891 (N.D. Cal. 1997)
  • Legal Economics, Inc. v. Metropolitan Life Insurance Co., 39 F. 2d 951 (9th Cir.), cert. denied, 115 S. Ct. 1420 (1995)
  • Weil Ins. Agency v. Manufacturers Life Co. 815 F. Supp. 1320 (N.D. Cal. 1993)
  • Clipper Express v. RMMTB, 690 F. 2d 1240 (9th Cir. 1982), cert. denied, 459 U.S. 1227
  • JBL Enterprises v. Jhirmack Enterprises, Inc., 509 F. Supp. 357 (N.D. Cal.), aff’d, 698 F. 2d 1011 (9th Cir.), cert. denied, 464 U.S. 829 (1983)
  • Determined Productions v. Dakin & Co., 514 F. Supp. 645 (N.D. Cal. 1980).

ADR Affiliations

  • Appointed mediator for the United States District Court (1999 - ), Northern District of California, Alameda and Contra Costa Counties, California
  • Member, The Mediation Society (Board of Directors: 2015-- )
  • Distinguished Fellow, International Academy of Mediators (2015-- )
  • Member, Silicon Valley Arbitration & Mediation Center (2016-- )
  • Vice-Chair, ADR-Arbitration Committee, Bar Association of San Francisco (2016-- )

Community / Teaching Activities

  • Judge Pro Tem, San Francisco Superior Court (2016-- )
  • Visiting Lecturer, Mediation Advocacy, University of California, Davis School of Law: 2015--2016)
  • Board of Directors, University of California, Berkeley School of Law (Boalt Hall) Alumni Association: 2005 to 2011
  • Adjunct Professor, Golden Gate University School of Law (San Francisco): 2004
  • Guest Lecturer, University of California, Berkeley (Boalt Hall School of Law and Haas School of Business), 2011 --
  • Varsity Women’s Tennis Coach, Miramonte High School (Orinda, CA): 2009 and 2010
  • President, Orinda Youth Association (2002 to 2005): This organization provides recreational sports programs (soccer, baseball, basketball) for Orinda girls and boys

Personal

Mark spends his free time playing tennis, cycling, painting, traveling and coping with the family pets.

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