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He is a business litigator with significant jury trial experience. Mark also works with the firm’s BullDox team in counseling clients in litigation holds and ESI matters.
Mark is a trial attorney focused on pragmatic resolution of complex business disputes. He has successfully litigated cases involving construction, real estate, fraud, unfair trade practices, class actions, non-compete, non-solicit and non-disclosure agreements, and breach of contract. He has experience in state and federal court in both North and South Carolina. Mark has prevailed in numerous trials, arbitrations and mediations. Mark has served as first chair in more than nine jury trials, five of which lasted a week or more. He has successfully argued cases before the Fourth Circuit Court of Appeals and the North Carolina Supreme Court.
Mark understands the needs of today’s in-house counsel and regularly discusses them on his podcast, BullDog Bites, Quick Tips for Busy GC’s. Mark quickly focuses on key issues and objectives and then works with clients to develop a comprehensive strategy to win the case through discovery, mediation/negotiation, motions practice and trial. His organized, engaging presentation skills allow him to explain even the most complex or technical factual patterns to a mediator, arbitrator, judge or jury. Mark's clients include leaders in manufacturing, retail, pharmaceuticals, information technology, banking, construction, education, real estate and education. Mark helps his clients solve the “better, faster, cheaper” challenge through innovative approaches to dispute resolution and fee arrangements.
A member of the Sedona Conference (WG1-E-Discovery, WG6-International Electronic Information Management, & WG11-Data Security and Privacy Liability), the Association of Certified E-Discovery Specialists (ACEDS) and the firm’s BullDox e-discovery team, Henriques understands the complex legal and cost issues surrounding e-discovery, litigation holds and ESI collection, processing, review and production. As an experienced e-discovery lawyer, he understands how the correct technology (whether in-house or hosted externally with a vendor) can save money and find the “hot” documents that are outcome determinative. Mark’s combination of trial and e-discovery experience make him a frequent choice to serve as local counsel to clients and Lex Mundi affiliates world wide.
As an education lawyer, Mark advises and represents public and private educational institutions.
“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
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
“Managing Legal Spend” (2017)
“Data Breach Response Planning” (2017)
“Protecting Work Product in the Age of Electronic Discovery” (2017)
“Best Practices to Avoid Being Deposed” (2017)
“Winning Contract Disputes: Tips for Drafting, Negotiating and Litigating Contracts” (2017)
“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”
Construction Disputes and Contracting
Education and School Law
Bulldox: Documents and E-Discovery Review
Employee Defection and Recruitment
Prior Legal Experience
Judicial Clerkship, The Honorable Richard L. Williams, United States District Court for the Eastern District of Virginia, Richmond, VA, 1990-91; Womble Carlyle Sandridge & Rice, 1991 – present.
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.
Selected Reported Decisions