Mark L. Kowalsky

Mark is a partner in Taft’s Commercial Litigation practice, working closely with the firm’s Financial Services Litigation and Privacy and Data Security practices. He is a business attorney who partners with his clients to understand their needs and execute a strategy leading to the right solution.

Mark’s clients turn to him for sound counsel and assistance in a wide range of complex matters in highly regulated areas, including:

• Securities broker-dealer and investment adviser issues, including disputes relating to securities investments, employment transition, non-competition agreements, SEC enforcement, and regulatory actions and investigations; and
• Commercial litigation involving contracts, non-competition agreements, trade secrets, unfair competition, employment and business and partnership disputes.

Mark has represented:

• A national securities firm in obtaining a $20 million arbitration award against a competitor for raiding the firm of its employees.
• Numerous individuals and/or groups of individuals in successfully transitioning from their current employer to a new position while navigating their contractual and other obligations to their prior firm.
• Securities professionals in resolving state and federal regulatory inquiries.
• A private equity firm in resolving regulatory claims relating to the sale of collateralized loan obligations.
• An individual in obtaining a million-dollar settlement against his former firm involving claims of inaccurately reporting the circumstances of his departure
• Members of a CPA firm to resolve a Securities and Exchange Commission action.

Publications

• “How to Sell Your Advising Practice in 2021,” U.S. World and News Report, March 12, 2021.
• “Voices: How financial advisors can avoid legal trouble when switching firms,” Financial Planning, February 21, 2021.
• “Brokerage Firm Departures – Reasons to Expect 2016 to be a Record Year.”
• “Preventing Security Breaches: Best Practices Under Michigan’s New Notification Law,” Michigan Computer Lawyer, Vol. 24, No. 2 (2007).
• “Preventing Security Breaches: Best Practices Under Michigan’s New Notification Law,” LACHES, a publication of the Oakland County Bar Association (2007).
• “The Need for Local Counsel in the Federal Court,” LACHES, a publication of the Oakland County Bar Association (2000).
• “Federal Courts on the Information Superhighway,” LACHES, a publication of the Oakland County Bar Association (1996).

Speeches

• “Securities, Fraud and RICO Litigation Seminar, Federal or State Court v. Arbitration,” Detroit Bar Association.
• Invited Speaker, 2009-2019 Midwest Securities Law Institute.
• AMS Continuing Legal Education Advanced Litigation Skills for Paralegals.