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Mark A. Jacobson

Member

: Minneapolis
33 South 6th Street
Suite 3800
Minneapolis, MN 55402
P: (612) 260-9025
F: (612) 260-8026

Mark A. Jacobson

Mark has more than 30 years’ experience representing clients in antitrust litigation, investigations and counseling, contract disputes, class action litigation, franchise, dealer and sales representative disputes, appeals, temporary restraining orders and preliminary injunctions, health industry litigation and regulation, trademark, copyright and patent infringement cases, and other business disputes. Mark represents both plaintiffs and defendants and particularly enjoys tackling complex legal issues that are intertwined with business issues.

Mark is often retained by referral or as local counsel to guide litigants through Minnesota courts. He has been a member of the Federal Practice Committee for the District of Minnesota, chair and member of the Minnesota State Bar Association Antitrust Section Council, and long-time member of the Minnesota State Bar Association Policy Committee and General Assembly. Mark is also an experienced in mediation, arbitration, and other alternative dispute resolution techniques as an advocate, mediator, and arbitrator.

Chambers and Partners rank Mark a Band 1 antitrust lawyer in Minnesota.

Experience

On a motion to dismiss, obtained dismissal of Minnesota Franchise Act claims against franchisor and its executives, establishing conclusively that the Act’s requirements can be waived through a choice of law term in the franchise agreement. Also obtained dismissal of breach of contract claims against franchisor and all claims of “control person” liability against individual corporate executive officers. Hockey Enterprises, Inc. v. Total Hockey Products & Services, LLC, 762 F. Supp.2d 1138 (D. Minn. 2011). Obtained voluntary dismissal of arbitration petition.

On behalf of purchasers of assets of investment firm, obtained temporary restraining order and preliminary injunction that effectively prevented arbitration of dozens of separate investor claims. Federal district court found clients likely to prevail in defeating arguments that arbitration was compelled by National Association of Securities Dealers rules and that purchasers were subject to successor liability. Marshall, Miller & Schroeder, Inc. v. Behnke, No. 01-CV-2264-J-CGA (S.D. Cal. Dec. 26, 2001).

For more than twenty years, acted as co-class counsel representing all National Football League players and the NFL Players Association in Sherman Act Section 1 antitrust conspiracy case White v. National Football League. Under a 1993 settlement favorable to the players, the class action court supervised successive collective bargaining agreements between the NFL and the players and acted as final adjudicator of player-team disputes involving discipline, entitlement to bonuses, etc. See, e.g., White v. Nat’l Football League, 585 F.3d 1129 (8th Cir. 2009) [Michael Vick bonus dispute].

On behalf of a significant Twin Cities property management company and as lead counsel for all defendants, obtained pre-discovery dismissal of most claims brought by a class of tenants for alleged violation of a Minnesota statute relating to lease-related fees, then used innovative strategy to pursue immediate appeal and obtained dismissal of all remaining claims at the Minnesota Court of Appeals. Persigehl v. Ridgebrook Invs. Ltd. P’ship, 858 N.W.2d 824 (Minn. App. 2015).

Obtained summary judgment in favor of client Experian Information Solutions dismissing claims of antitrust conspiracy, monopolization, and false advertising in the credit scoring industry. Fair Isaac Corp. v. Experian Information Solutions Inc., 645 F. Supp.2d 734 (D. Minn. Jul. 24, 2009). This was followed by a four-week jury trial resulting in jury and bench trial verdicts in favor of client Experian rejecting plaintiffs’ claims of trademark infringement (including a keyword advertising claim), passing off, unjust enrichment, and violation of Minnesota Deceptive Trade Practices Act, rejecting plaintiffs’ claim for over $300 million in damages, and granting Experian’s counterclaim for fraud on U.S. Patent & Trademark Office. Fair Isaac Corp. v. Experian Information Solutions Inc., 711 F. Supp.2d 991 (D. Minn. 2010). The United States Court of Appeals for the 8th Circuit affirmed the victory in all respects. Fair Isaac Corp. v. Experian Information Solutions Inc., 2011 WL 3586429 (8th Cir. Aug. 17, 2011).

Represented American Home Products and American Cyanamid and acted as defense liaison counsel for 26 pharmaceutical manufacturer defendants defending against separate class action antitrust complaints under state law by direct purchasers (pharmacies) and indirect purchasers (consumers) in In Re Minnesota Drug Pricing Litigation and Kerr/Fontaine v. Abbott Laboratories. Defeated class certification in one case and successfully settled both cases.

Successfully resolved a dispute over post-closing working capital and debt purchase price adjustments and earnout payments following our client's sale of a business unit. The buyer initially claimed that no earnout was due, and that our client owed it several million dollars on the post-closing adjustments, but it ultimately agreed to pay our client a substantial sum and release an indemnification escrow seven months early.

News

Seven Cozen O’Connor Lawyers Named 2019 “Lawyers of the Year” by Best Lawyers in America

August 31, 2018

Cozen O’Connor is proud to announce that seven of the firm’s lawyers have been recognized as “Lawyers of the Year” in their respective practices by Best Lawyers in America, one of the oldest and most highly regarded peer review publications in the legal profession.

126 Cozen O’Connor Attorneys Named to the Best Lawyers in America

August 22, 2018

One hundred twenty-six Cozen O’Connor lawyers from 20 of the firm’s national offices have been selected for inclusion in the 2018 edition of The Best Lawyers in America.

Top Rated Antitrust Litigator Joins the Minneapolis Office

January 08, 2018

Cozen O’Connor, one of the country’s most successful commercial litigation firms, is pleased to welcome litigator Mark A. Jacobson to its Commercial Litigation Department’s business litigation group.

Events & Seminars

Government and Private Multidistrict Litigation	Minneapolis, MN	09/24/2018
Sports Law for Rookies & Veterans 2018	Minneapolis, MN	06/06/2018

Practice Areas

Antitrust

Commercial Litigation

Franchise Disputes

Intellectual Property Litigation

Industry Sectors

Health Care & Life Sciences

Sports

Education

University of Minnesota Law School, J.D., magna cum laude, 1987
University of North Carolina - Chapel Hill, B.A., 1983

Awards & Honors

Chambers USA: America's Leading Lawyers for Business, Antitrust - Minnesota, 2015-2018

North Star Lawyer, Minnesota State Bar Association, 2014-2015

Best Lawyers in America, Litigation-Antitrust and Litigation–Intellectual Property, 2011-2015, 2017-2019

Best Lawyers in America, Litigation-Antitrust, Minneapolis "Lawyer of the Year" 2019

Minnesota Super Lawyers, Intellectual Property Litigation and Business Litigation, 1999-2005, 2010-2017

Minnesota Super Lawyers - Top 40 Business Litigation Lawyers, 2003

Minnesota Super Lawyers - Top 40 Alternative Dispute Resolution Lawyers, 2003

Martindale Hubbell, AV Preeminent and Top Rated Lawyer in Intellectual Property Litigation and Commercial Litigation, 1996-2018

Hennepin County District Court, Appreciation & Recognition Award, Pro Bono Services, 2003

America's Top 100 High Stakes Litigators

Bar Admissions

Minnesota
District of Columbia

Court Admissions

Affiliations

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