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Mark currently co-chairs the Firm’s COVID-19 Task Force.
Mark understands the needs of today’s in-house counsel and regularly discusses them on his podcast, In-house Roundhouse Podcast. Mark quickly focuses on key issues and objectives and then works with clients to develop a comprehensive strategy to win the case. Through his organized, engaging presentation, he explains even the most complex or technical factual patterns to mediators, arbitrators, judges or juries. Mark helps his clients solve the “better, faster, cheaper” challenge through innovative approaches to dispute resolution and fee arrangements.
Mark focuses on complex commercial cases, including the defense of class actions. He has successfully litigated cases involving construction, real estate, fraud, unfair trade practices, non-compete, non-solicit and non-disclosure agreements, and breach of contract. Mark has served as first chair in more than nine jury trials, five of which lasted a week or longer. He has successfully argued cases before the Fourth Circuit Court of Appeals and the North Carolina Supreme Court. Mark is also a NCDRC certified mediator and AAA panel member.
Having served as a member of the Sedona Conference (WG1-E-Discovery, WG6-International EIectronic Information Management, & WG11-Data Security and Privacy Liability), the Association of Certified E-Discovery Specialists (ACEDS) and the firm’s BullDox: Documents & E-Discovery Review Team, Henriques understands the complex legal and cost issues arising in e-discovery, litigation holds and ESI collection, processing, review and production. Mark’s combination of trial and e-discovery experience make him a frequent choice to serve as local counsel to clients around the world.
Presentations and Publications
Publications
- NC Landlords Could Face Wage of Class Actions over Eviction Fees, National Law Review, August 2020
- Employment Considerations for Returning to Work, National Law Review, May 2020
- Environmental Safety Considerations for Returning to Work, National Law Review, May 2020
- General Liability Considerations and Potential Exposure in Reopening from COVID-19 Shutdown, National Law Review, May 2020
- Push the Pause Button? Contracts and COVID-19, ABA Business Law Today, April 2020
- A General Counsel’s Tips for Integrating Post-Merger, National Law Review, March 2020
- SBA’s Economic Injury Disaster Loan Program, National Law Review, March 2020
- Coronavirus, Supply Contacts and Force Majeure, National Law Review, March 2020
- A General Counsel’s View of Arbitration Clauses in Employee Contracts, National Law Review, February 2020
- Moderator, Elliott Davis’ 2019 Manufacturing and Distribution Symposium, December 2019
- Information Technology Litigation, Business and Commercial Litigation in Federal Courts (4th Ed.) (2017)
- Duty to Preserve Documents Arises before Lawsuit is Filed, National Law Review, April 2014
- Co-author, Purging the Cloud: Data Destruction in the Age of Cloud Computing (2014)
- Cloud Computing and Jurisdiction, Sedona Conference (2013)
- Co-author, When Projects Fail: A Milestone Model for Allocating Development Costs, North Carolina Bar Association E-Newsletter, The Litigator: The Official Publication of the Litigation Section, Volume 27, Number 1, October 2006
- Fourth Circuit Review Advisory Board, Commercial Law
- Desuetude and Declaratory Judgment: A New Attack on Obsolete Laws, Virginia Law Review, August, 1990
Presentations
- Best Lawyers Discusses COVID-19 & Business Liability
- COVID-19 and Contracts
- Artificial Intelligence and the Law
- Managing Legal Spend
- Class Action Basics
- Data Breach Response Planning
- Real Estate Litigation From Start to Finish
- Construction Lawsuit Basics
- Protecting Work Product in the Age of Electronic Discovery
- Best Practices to Avoid Being Deposed
- Winning Contract Disputes: Tips for Drafting, Negotiating and Litigating Contracts
- What Civil Court Judges Want you to Know
- Data Management, Records Retention, Destruction Considerations and Legal Holds
- E-Discovery and Document Retention for School Attorneys
- Making your Electronic Evidence Usable in the Courtroom
- Handling Social Media, Email, Video and other Electronically Stored Information
- Lecturer, E-Discovery and the Cloud, UNCC Cloud Computing Symposium
- Teachers and Social Network Sites: The Importance of Implementing an Effective Social Networking Policy
- Social Networking – Permissible Restriction on Employee Speech in Cyberspace
- Discovery and Social Networking Sites
- Managing Costs and Risks in E-Discovery
Professional Activities
- Elected Councilor, North Carolina State Bar, served on Ethics Committee, Grievance Committee, Executive Committee, Issues Committee, Unauthorized Practice Committee, Appointments Advisory Committee (2013-Present)
- North Carolina Bar Association, Litigation Section, Education Law Section, Construction Section, Judicial Independence Committee (2009-2019)
- Certified Member, Association of Certified E-Discovery Specialists (2011-2016)
- Member, North Carolina Council of School Attorneys (2005-2018)
- DreamOn3, Pro Bono Counsel (2015-2018)
- Legal Services of Southern Piedmont, Board Member (2007-2011), Treasurer (2010-2011)
- Legal Services for the Elderly, President and Chairman of the Board (2003-2007)
- United Way, Older Adult Wellness and Disabilities Council, Chair (2004-2007)
- Charlotte Museum of History, Trustee (2004-2013), (President 2009-2010)
- Mecklenburg County Precinct 212, Chief Judge (2001-Present)
- Countryside Montessori School, Board Member (2006-2013)
- North Carolina Bar Association, Education Law Council (2005-2008)
Honors and Awards
- Recognized in The Best Lawyers in America (BL Rankings), Commercial Litigation, Education Law, Litigation – Construction, 2013 – Present
- Super Lawyers Honoree in the fields of Business Litigation, Alternative Dispute Resolution, Construction Litigation, Civil Litigation, E-Discovery, North Carolina Super Lawyers magazine (Thomson Reuters), 2019 – Present
- Martindale-Hubbell Law Directory (AV rating)
- 2016, 2018, 2019 North Carolina Pro Bono Honor Roll
Experience
Any result the lawyer or law firm may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients.
- Obtained dismissal of purported class action filed against landlord in connection with the charging of eviction fees
- Obtained TRO, preliminary injunction and jury verdict for Mid-America Apartments, Inc., one of the largest multi-family developers in the country
- Won jury verdict and attorneys' fees for Zillow, NexTag, and Adchemy after month-long trial as local counsel in one of the largest patent cases ever tried in North Carolina
- Won arbitration award for the world's largest gelatin manufacturer in a multimillion-dollar dispute over construction of manufacturing facility
- Helped UK company, Beardow Adams, defend more than 20 lien claims when general contractor of US facility became insolvent and failed to pay subcontractors. In six months, all claims were successfully negotiated and no litigation was filed
- Represent Pepsico, Inc. in a multimillion-dollar dispute with a canning cooperative concerning shareholder rights
