Mark S. Melodia
Partner
- T:
- +1 609 520 6015 (Princeton)
- F:
- +1 609 951 0824 (Princeton)
- E:
- mmelodia@reedsmith.com
- Vcard
Mark leads the Global Data Security, Privacy & Management practice as a partner within the Global Regulatory Enforcement Group. He has recognized experience in litigating putative class actions and other "bet-the-company" suits. He has succeeded in getting complaints dismissed, class certifications denied and/or favorable settlements negotiated on behalf of these clients.
Mark has led defense efforts in more than sixty putative class actions arising from alleged consumer privacy violations. Consumer privacy events often attract the attention of public actors. In that connection, Mark routinely represents clients responding to government privacy investigations, including before the Federal Trade Commission, the Office for Civil Rights, the State Attorneys General, and the United States Department of Justice.
Other complex commercial matters defended over the past twenty years include the following types of disputes: antitrust, trade defamation and libel, trade secrets/restrictive covenants, intellectual property, business fraud and trade regulation, franchise and dealer relations, bankruptcy, general contracts, and torts. He has represented large corporations in federal and state courts throughout the country concerning disputes ranging in alleged value from $100,000 to $8 billion.
Overall, Mark has defended more than 150 class and 100 mass actions. This practice has taken him to trial and appellate courts in 24 states from Maine to Washington, and from Florida to California. Arbitration and mediation are also methods of dispute resolution in which Mark regularly engages.
The complex and national character of his case load has made joint defense groups and multiple office and firm coordination a day-to-day reality of Mark’s practice. He has organized, led and participated in successful mass defense efforts involving claims of data breach, securities fraud, predatory lending, multi-state attorneys general and other government investigations, as well as allegations of antitrust conspiracy and deceptive sales practices.
Mark is a member of the Social and Digital Media Task Force. He co-authored the Data Privacy & Security chapter of the Social Media White Paper entitled "A Legal Guide to the Commercial Risks and Rewards of the Social Media Phenomenon."
Mark was recognized by The Legal 500 United States in 2010 for regularly advising clients "on the issues that arise from the actual and potential breaches of personal information".
Representative Matters
In Re: LendingTree, LLC Customer Data Security Breach Litigation, MDL 1974. Obtaining decision compelling eight putative national class actions to individual (non-class) arbitration.
Salley v. Option One Mortgage Corp., 925 A.2d 115 (Pa. 2007). Finding that arbitration agreements in form mortgage contracts are not per se unconscionable because certain creditor remedies are carved out from the requirement to arbitrate; overruling or limiting prior state court decisions to the contrary.
Representing Dell Financial Services in an action brought by New York Attorney General Andrew Cuomo alleging violations of the FCRA and ECOA as well as of consumer protection laws with respect to financing.
Obtaining, as co-defense counsel, summary judgment for the former Warner Books and one of its authors in a defamation case brought by Donald J. Trump in connection with the publication of "Trump Nation".
Representing multiple national mortgage lenders in class actions alleging racial discrimination, including two MDL proceedings.
- View all...
Experience
| 1988 | Reed Smith Head of the Global Data Security, Privacy & Management Group Former Co-Chair of Reed Smith's Financial Services Industry Team Former Practice Leader of Reed Smith's Financial Services Litigation Group Served on Reed Smith's Pro Bono, Recruiting and Associates Committees, as well as on the Delaware Valley Executive Committee, and as the Administrative Partner of the now 70-lawyer Princeton office |
|---|---|
| — | Carnegie Mellon University's Heinz School - Instructor, three years |
| — | Federal Court Law Clerk (W.D.P.A.) |
Legal Education
| 1988 | J.D., with honors, New York University Elected Competitions Director and Executive Committee member of the Moot Court Board National Member of The Order of Barristers |
|---|
Undergraduate Education
| 1985 | A.B., with honors, Princeton University |
|---|
Professional Admissions / Qualifications
- New Jersey
- Pennsylvania
Court Admissions
- U.S. Supreme Court
- U.S. Court of Appeals - Third Circuit
- U.S. Court of Appeals - Fourth Circuit
- U.S. Court of Appeals - Eleventh Circuit
Professional Affiliations
- American Bar Association, Business Law Section
- Bar Association of the Third Federal Circuit
- New Jersey Volunteer Lawyers for the Arts, Board Member
- New Jersey State Bar Association; Board of Directors, Banking Law Section
Interests
A former member of the Actors’ Equity Union, Mark performed in musical theater productions, industrial shows and commercials from 1974 to 1988, working his way through college and law school. In his last professional show, he met his wife, Dianne, with whom he has two daughters. The Melodias live in Pennington, New Jersey.