Mark DzarnoskiMark Dzarnoski Clark Hill
Mark Dzarnoski is Senior Counsel in Clark Hill's Litigation practice group. Prior to joining the firm, he was a shareholder in the Litigation Department and Government Affairs & Business Crimes Department for the venerable law firm Gordon & Silver, Ltd. He was elected Managing Shareholder of Gordon & Silver to oversee the wind down of this 40+ year old law firm when shareholder defections caused the firm’s ultimate demise. His practice focuses on fields of commercial and business litigation, complex litigation, class action defense, securities, contract disputes, shareholder rights, fraud, and deceptive/unfair trade practices. Mr. Dzarnoski has more than two decades of experience in securities/investments, representing clients with allegations of criminal fraud and in SEC/FTC investigations and civil enforcement actions.
- Successfully represented stock transfer agent in SEC enforcement action culminating with the Ninth Circuit Court of Appeals overturning a summary judgment granted in favor of the SEC thus limiting the application of the necessary and substantial participant doctrine in connection with allegations of Section 5 liability for unregistered offers and sales of securities under the Securities Act of 1933. S.E.C. v. CMKM Diamonds, Inc. et al, 729 F.3d 1248 (9th Cir. 2013).
- Defeated class certification and prevailed on summary judgment in case against nationally known loan servicing companies in connection with a complaint asserting class liability for use of robo-signing techniques in non-judicial residential foreclosure actions. Profant v. Option One Mortgage et al, Case No.: CV10-01987, Second Judicial District Court, Washoe County, Nevada.
- Successfully represented EB-5 promoter and associated persons in challenging United States Citizenship and Immigration Services (“USCIS”) action which revoked conditional residency petitions (I-526 petitions) for Chinese immigrants which previously were approved by the agency.
- Represented Fire Protection Products & Systems division of internationally known conglomerate in connection with investigation of Nevada State Fire Marshall resulting in favorable resolution to the client.
- Represented principals of Nevada based Qualified Intermediary in complex litigation arising out of alleged fraud in connection with 1031 tax deferred exchanges. In re: Receivership of Southwest Exchange, Inc. and Consolidated Litigation, Case No.: 07-A-535439-B, Eighth Judicial District Court, Clark County, Nevada; In Re: Internal Revenue Service § 1031 Tax Deferred Exchange Litigation, MDL Docket No. 1878, Case No. 2:07-cv-01394-RCJ-(LRL), United States District Court for the District of Nevada.
- Represented an American Indian reservation-based high interest lender in administrative hearing brought by State of Nevada, Department of Business & Industry, Financial Institutions Division resulting in favorable resolution to client.
- Represented client in connection with civil forfeiture action brought by United States Attorney alleging unlawful financial structuring resulting in favorable settlement for client.
- Represented numerous majority and minority interest holders in connection with shareholder/director disputes, deadlocks and derivative actions.
- Siemen’s Building Technologies, Inc.
- LSI Title Agency, Inc.
- Southwest Exchange, Inc.
- Metropolitan Escrow Company
- 1st Global Stock Transfer Company