Mark W. Stoutenburg represents businesses and individuals in complex disputes. Mark has over twenty years of litigation and dispute resolution experience and has served as lead counsel on dozens of cases at arbitration, trial and on appeal. Mark regularly represents various types of clients from individuals to small businesses to corporations in all manner of disputes and litigation, internal investigations and in proceedings before state and federal agencies. His practice is focused on disputes concerning contracts, financial services, fiduciary, and trust matters. Additionally, he routinely appears for clients on emergency applications for interim and injunctive relief, particularly in cases involving restrictive covenants and misappropriation of trade secrets and confidential information. Mark is currently directing the litigation of a multi-billion dollar family and trust dispute involving proceedings in the U.S., Hong Kong and Bermuda. He has been selected to New York Metro Super Lawyers each year from 2013 to 2022.
Mark was a co-founder of his prior firm, O’Reilly Stoutenburg Richards LLP, a partner and associate with Gibbons P.C. (New York), and an associate with Arnold & Porter (New York).
Mark W. Stoutenburg
11 Broadway Suite 615
New York, New York 10004
+1 (917) 525-3644
Albany Law School of Union University (J.D.)
New York University School of Law (LL.M, Trade Regulation)
State University of New York College at Brockport (B.S.)
State of New York
Supreme Court of the United States
U.S. Court of Appeals for the Second Circuit
U.S. Court of Appeals for the Federal Circuit
U.S. Court of Appeals for the District of Columbia Circuit
U.S. District Court of the Southern District of New York
U.S. District Court of the Eastern District of New York
U.S. Court of Federal Claims
New York State Bar Association
Federal Bar Council
New York County Lawyer’s Association
• Commercial Litigation – Represented telecommunications carrier in a broad range of commercial litigation matters including claims against domestic wholesalers and foreign carriers for breach of contract, bankruptcy litigation, trade secret litigation and credit disputes.
• Securities Enforcement and Counseling – Represented individuals and companies in proceedings before the SEC, FINRA and New York State Attorney General’s Office. Counseled clients on securities enforcement and regulatory issues.
• Registered Investment Company Matter – Represented registered investment companies and independent directors of the funds in the market timing investigation and related civil action brought by New York State Attorney General against the registered investment adviser to the funds. Counseled the independent directors on their obligations and managed response to the AG’s subpoenas.
• Hedge Fund Partnership Dispute – Represented founder and principal of multi-billion dollar hedge fund in breach of contract and other claims against co-founders. Litigated issues relating to the structure of management companies, management company operating agreements, and the rights of members under the Delaware limited partnership and limited liability company acts.
• Employment Counseling – Counseled clients and negotiated individual employment contracts and agreements, including terms relating to equity and executive compensation, restrictive covenants, confidentiality, severance, vesting, and arbitration.
• Injunctions and TROs – Emergency applications for interim and injunctive relief, including claims relating to restrictive covenants, corporate raiding, breach of post-employment restraints (non-competition and non-solicitation agreements), and misappropriation of trade secrets and confidential information.