Professional Experience

Mediator

(2012 to present): First appointed as a federal court mediator in 1999, Mark’s nationwide ADR practice today includes state and federal actions involving:

  • Complex commercial (antitrust, unfair competition, and contract disputes)
  • Intellectual Property (trade secrets, patents, trademarks, and copyrights)
  • Consumer class actions
  • Public entity complex disputes
  • Employment class and PAGA and individual actions)
  • Insurance coverage and indemnification disputes
  • Business acquisition and dissolution disputes
  • Professional liability (attorneys, accountants, brokers, architects)

Mark's work as a mediator has earned him repeated national recognition among the Best Lawyers in America for Mediation by U.S. News - Best Lawyers ®, and was also voted 2024 as well as 2022 Mediator of the Year for the San Francisco Area.

Arbitrator / Special Master

Mark also serves as an arbitrator or appointed special master for any of these types of disputes.

Ross Stores, Inc.

Senior Vice President, General Counsel and Secretary (Pleasanton, CA: 2007 to 2012). Ross is an S&P 500 and NASDAQ 100 company and the second largest off-price retailer in the United States. 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 investigations and enforcement proceedings
  • Established a company-wide early dispute resolution program to accelerate disposition of all civil cases
  • Created new intellectual property protection programs to acquire and maintain key IP assets and pursue enforcement actions as needed

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

Vice President, General Counsel and Secretary (Oakland, CA: 2000 to 2007). Dreyer’s, later acquired by Nestlé, S.A., was the largest U.S. manufacturer and distributor of ice cream products and a Fortune 1000 public company. As its general counsel, Mark:

  • Managed all of Dreyer’s employment, contract, intellectual property, and commercial litigation
  • Managed the defense and resolution of the Federal Trade Commission’s antitrust challenge to the Dreyer’s / Nestlé merger
  • Negotiated multiple acquisitions of other brand, manufacturing and franchise businesses, as well as patents, trademarks and other technology rights
  • Trained Nestlé’s 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 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).

Mark LeHocky - Attorney and Mediator

Education

Mark obtained his legal degree from the University of California, Berkeley School of Law, 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 (1999-2023), Northern District of California.
  • Co-chair, Mediation Committee, ABA Dispute Resolution Section (2017—2019)
  • Vice-Chair, ADR-Arbitration Committee, Bar Association of San Francisco (2016-- )
  • Chair, ADR Section, Contra Costa Bar Association (2018—2019)

Community / Teaching Activities

  • Adjunct Faculty, University of California, Berkeley School of Law (2020-- )
  • Judge Pro Tem, San Francisco Superior Court (2016-2023)
  • Adjunct Faculty, University of California, Berkeley Haas Graduate School of Business (2018-2020)
  • Lecturer, Mediation Advocacy, University of California, Davis School of Law: 2015--2016)
  • Board of Directors, Contra Costa County Bar Association (2020)
  • 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.