Mark P. Ressler

Prior to joining Loeb, some of Mark’s notable representations included:

Software Litigation

• Copart in a four-week federal jury trial resulting in a $20 million verdict against Sparta Consulting and its parent, KPIT Infosystems, for fraud and professional negligence stemming from an implementation of SAP software.
• State of Hawaii in an action alleging fraud, False Claims Act violations and other claims against technology firm Ciber and its insurers stemming from an implementation of Oracle software for the State’s Department of Transportation, resulting in a $31 million recovery, exceeding the $7 million Hawaii paid to Ciber for the failed ERP project.
• National Grid in actions against multiple software vendors stemming from a $1 billion implementation of SAP software.
• Levi Strauss & Co. in an action against Deloitte Consulting stemming from an implementation of SAP’s apparel and footwear software.
• Lubrizol in an action against IBM stemming from an implementation of SAP S/4HANA.
• Certified Collectibles Group in an action against Globant stemming from an implementation of a customized ERP software system.
• Avnet, a leading electronics company, in an action alleging fraud and other claims against Deloitte Consulting stemming from an implementation of SAP software.
• Whistleblower litigation against SAP Public Services and Deloitte Consulting stemming from an Enterprise Asset Management project for the City of San Diego.
• ScanSource in an action against Avanade stemming from an implementation of Microsoft Dynamics AX software.
• W.C. Bradley in an action alleging fraud and breach of contract stemming from an implementation of SAP software.
• Avantor Performance Materials in an action against IBM stemming from an implementation of SAP software and an IBM software product.
• County of Marin, California, in an action against Deloitte Consulting stemming from an implementation of SAP’s public sector software.
• Waste Management in an action alleging fraud and other claims against SAP stemming from an implementation of SAP’s waste and recycling software.
• Bart A. Brown, Jr., the Chapter 7 bankruptcy trustee of FoxMeyer, a drug distribution company, in actions against SAP, Accenture and logistics software vendors stemming from implementations of SAP and warehouse management software.
• A leading toy company in a dispute with a major consulting firm stemming from a defective e-commerce platform that led to “Cyber Monday” shipping and billing issues.
• Multiple hospitals and health care providers in disputes with leading software developers stemming from implementations of EHR software.
• Multiple companies in disputes with developers and implementers of Warehouse Management System (WMS) software, pick systems and robotics.
• Numerous clients in disputes with NetSuite stemming from failed or problematic NetSuite implementations.
• Hedge funds, mutual funds and private equity firms in disputes with financial services software providers.
• Counseling numerous clients across a range of industries, as well as government entities, in connection with negotiating and drafting software licensing and implementation contracts.

General Litigation

• SL Green Realty, New York City’s largest owner of office real estate, in winning a $185 million arbitration award against HNA Group (International) Company Limited, part of Chinese conglomerate HNA Group, stemming from SL Green’s equity investment in 245 Park Avenue, a marquee Manhattan office tower.
• XPO Logistics and GXO Logistics in multiple state and federal court litigations stemming from disputes over warehouse management services contracts, WMS solutions, transportation contracts, theft of trade secrets and non-compete agreements.
• The Georgetown Company, a leading real estate company, in winning a fraud counterclaim on summary judgment against construction firm J.T. Magen stemming from a construction project at 787 11th Avenue in Manhattan.
• The Lubrizol Corporation, a leading a global specialty chemicals company, in defending against multiple state and federal toxic tort actions in Illinois stemming from a massive 2021 fire in Rockton, Illinois.
• UniCredit, a leading European bank, in defending class and individual actions in multiple jurisdictions throughout the country in connection with tax shelter transactions.
• SL Green Realty in a litigation against a major gaming company stemming from the bidding process to run New York’s Aqueduct racetrack casino.
• Court-appointed liaison counsel to numerous hedge fund, mutual fund and other investors pursuing relief against a Reserve money market fund that “broke the buck” following Lehman’s bankruptcy.
• MacAndrews & Forbes Group in a high-profile action against the world’s leading art dealer involving works by Jeff Koons, Cy Twombly and other contemporary artists.
• A leading REIT defending against class action claims stemming from a multi-billion dollar acquisition and spin-off.
• Companies, banks and financial institutions in disputes over structured financial products.