Mark Fleming > WilmerHale > Boston, United States > Lawyer Profile

WilmerHale Offices

WilmerHale
60 STATE STREET
BOSTON, MA 02109
MASSACHUSETTS
United States
Visit website 1 617 526 6000 1 617 526 5000

Mark Fleming

Mark Fleming photo
1 617 526 6909 MARK.FLEMING@WILMERHALE.COM

Work Department

Appellate and Supreme Court Litigation; Intellectual Property Litigation; Government and Regulatory Litigation; International Arbitration; Litigation; Administrative Law; Education; Life Sciences; Trials

Position

Partner

Vice Chair, Appellate and Supreme Court Litigation Practice

Career

Mark Fleming is vice chair of WilmerHale’s Appellate and Supreme Court Litigation Practice. He is an accomplished and well-regarded litigator who has appeared in more than 250 appellate cases and personally presented oral argument in 56 of them. Of those cases, seven were before the Supreme Court of the United States and 23 were before the US Court of Appeals for the Federal Circuit. He has also argued before the First, Second, Third, Eighth, Ninth, Tenth and District of Columbia Circuits, and the Massachusetts Supreme Judicial Court and Appeals Court.

A former US Supreme Court clerk, Mr. Fleming has filed briefs in more than 50 US Supreme Court cases on topics such as patent law, immigration, criminal law and constitutional law. Mr. Fleming argues frequently in the Federal Circuit in patent cases involving various technologies and legal issues. In November 2019, he argued three complex Federal Circuit appeals for different clients in a single week. And in June 2022, he won vacatur of the largest patent infringement judgment in history, which caused Litigation Daily to recognize him as “Litigator of the Week.”

Mr. Fleming’s broad-based appellate experience covers numerous subject areas, ranging from patent law, securities and complex business disputes to real estate, antitrust and tax. His clients include leading companies in the fields of medical devices, life sciences, biotechnology, and pharmaceuticals, as well as high-technology industries including semiconductors, smartphones, online storage and processing, and connectivity. He also maintains an active pro bono practice, particularly in matters involving immigration law, where he has argued and won several high-profile Supreme Court cases.

Mr. Fleming previously served as a law clerk to the Honorable David H. Souter of the Supreme Court, the Honorable Michael Boudin of the First Circuit, and the Honorable John C. Major of the Supreme Court of Canada. Mr. Fleming also served as an associate legal officer in the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia.

Professional Activities
– Fellow and Board Member, American Academy of Appellate Lawyers
– Member, American Law Institute
– Member, International Association of Defense Counsel
– Member, Massachusetts Joint Bar Committee
– Advisory Board Member, South Asian Bar Association of Greater Boston
– Advisor, American Law Institute for Restatement of the Law Third, Conflict of  Laws Project

Memberships

Bar Admissions:
Massachusetts

Other Organizations:
Boston Bar Association

Education

Harvard Law School , J.D. (1997)
The King’s University College , B.A. (1994)

Lawyer Rankings

United States > Dispute resolution > Appellate: courts of appeals / Appellate: supreme courts (states and federal)

Ranking among the market leaders for high-stakes appellate work, WilmerHale is widely hailed for the depth of its bench and the reputation of its senior partners. Indeed, for some, the ‘experience and expertise of the appellate team at WilmerHale is unmatched’. The national group routinely appears before state and federal courts across the US, right up to Supreme Court level, and is a particularly dominant performer in the Federal Circuit. High-profile department head Seth Waxman is a former US Solicitor General, who has delivered over 80 oral arguments in the US Supreme Court alone. Waxman recently paired up with Daniel Volchok to successfully represent the justices of the Oklahoma Supreme Court, and the members and executive director of the Oklahoma Bar Association Board of Governors, before the Tenth Circuit in a case concerning the association’s mandatory-dues requirement. The team also leans on experienced practice vice chairs Catherine Carroll, who has argued four cases before SCOTUS, and Boston-based Mark Fleming, who has argued before SCOTUS seven times. Other key contacts include IP specialist Thomas Saunders and New York-based Alan Schoenfeld. Named attorneys are based in Washington DC unless stated otherwise. Danielle Spinelli recently retired.

Lawyer Rankings

Top Tier Firm Rankings

Firm Rankings