Overview

About Mark

Mark Bieter has represented clients in commercial litigation in state and federal courts in matters involving securities fraud, contract disputes, class actions, franchise agreements, and breach of fiduciary duty, among others. Mark has acted as lead attorney in ERISA class action litigation in federal courts nationwide, specializing in lawsuits alleging breach of fiduciary duty based on fees and performance of investment options offered in large corporate retirement plans.

Before joining Stoel Rives, Mark was a principal with Groom Law Group (2016–2020) and with Bieter PLLC (2010–2015) and counsel and an associate with WilmerHale (2001–2009), all in Washington, D.C. Mark is the co-author of An Enduring Legacy: The Story of Basques in Idaho, which chronicles Basques in Idaho from 1890 to the present.

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Experience

Experience

ERISA Class Action Defense

  • Representation of major banking and financial services firm and its board of directors in an ERISA class action seeking $480 million in damages for alleged breach of fiduciary duty. Developed defense strategy that obtained partial summary judgment, reduced potential damages by approximately $400 million, and led to settlement of all remaining claims on favorable terms on the eve of trial.
  • Representation of trade association in an ERISA class action alleging breach of fiduciary duty and seeking hundreds of millions of dollars in damages. Negotiation of settlement within the client’s fiduciary liability insurance policy, avoiding high-risk litigation in the expedited docket of the U.S. District Court for the Eastern District of Virginia.
  • Representation of affiliates of U.S.-based global financial investment management and insurance company in ERISA class action seeking approximately $200 million in damages for alleged breach of fiduciary duty. Led negotiations with opposing counsel and developed litigation strategy resulting in denial of class certification and withdrawal of complaint.
  • Representation of U.S. retail company and affiliates in ERISA class action seeking approximately $100 million in damages based on claims for breach of fiduciary duty. Drafted dispositive motion briefs and consulted on drafting of expert reports.
  • Co-counsel for major U.S. insurance and financial services company in a bet-the-company class action alleging ERISA breach of fiduciary duty and prohibited transactions and seeking hundreds of millions of dollars in damages. Managed discovery and expert reports, and defended/prosecuted depositions, and briefed motion to dismiss, class certification opposition, summary judgment motion, and interlocutory appeal.
  • Member of team defending major U.S. insurance and financial services company in ERISA class action seeking hundreds of millions of dollars in damages. Client’s motion to dismiss all claims was granted, with dismissal affirmed by the Sixth Circuit Court of Appeals.

Commercial Litigation

  • Representation of automobile manufacturer in litigation matter in Maryland state court involving claims of breach of franchise agreement, among others. Obtained successful settlement for client at the beginning of trial that substantially reduced damages sought in complaint.
  • Representation of U.S. commercial broadcast television and radio network in lawsuit against communications technology company alleging violation of the Satellite Home Viewers Act. Prepared witnesses for depositions and trial testimony, drafted discovery and pre-trial motions, and assisted in questioning witnesses and forming strategy that led to successful result at trial.
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Insights & Presentations

Insights & Presentations

  • “Retirement Plan Questions the Supreme Court Might Answer,” Bloomberg Law Health & Welfare Benefits, Professional Perspective, January 20, 2022
  • “The ERISA Class Certification Tripwire in High Court’s Intel Decision,” Law360, March 4, 2020
  • “Georgetown Win in Retirement Investment Suit May Help Other Schools” (co-author), Bloomberg Law, February 8, 2019
  • “Is Excessive Fee Litigation Headed for Its Dudenhoeffer?” Law360, April 2, 2018
  • “The University Fee Cases: Product of the Past, Possible Wave of the Future,” Bloomberg BNA, August 28, 2016
  • An Enduring Legacy: The Story of Basques in Idaho (co-author), University of Nevada Press, 2000



Related News & Publications


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