Robbins, Russell, Englert, Orseck, Untereiner & Sauber LLP

Mark Stancil, Partner

Education:

J.D., University of Virginia School of Law, 1999

Order of the Coif

Articles Editor, Virginia Law Review

M.A., University of Virginia, 1999

B.A., with high distinction, University of Virginia, 1996

Phi Beta Kappa

Raven Society

Contact:

Tel: 202.775.4520
Fax: 202.775.4510

Bar Associations

District of Columbia

Virginia

Mark T. Stancil, Partner

Oral Arguments

Armour v. City of Indianapolis, 132 U.S. 2073 (2012) LISTENListen
Fox v. Vice, 131 U.S. 2205 (2011) LISTENListen
Bloate v. United States, 130 U.S. 1345 (2010) LISTENListen
Indiana v. Edwards, 554 U.S. 164 (2008) LISTENListen
Bustillo v. Johnson, 548 U.S. 331 (2006) LISTENListen

Appellate Briefs

Abbott v. United States Cert. Petition
Apotex v. Sebelius Cert. Petition
Apotex v. Sebelius Reply Brief for Petitioner
Armour v. City of Indianapolis Brief for Petitioners
Armour v. City of Indianapolis Reply Brief for Petitioners
Armour v. City of Indianapolis Reply Brief for Petitioner
Aurelius Capital Management v. The Republic of Argentina Reply Brief for Plaintiffs-Appellants
Balintulo v. Daimler Amicus Brief of Federation of German Industries and others in Support of Defendants-Appellants
Balschmiter v. TD Auto Finance LLC Defendant-Respondent's Answer in Opposition to Rule 23(f) Petition
Bates v. Dow AgroSciences LLC Amicus Brief of the U.S. Chamber of Commerce
Bemont Investments, L.L.C. v. United States of America Brief for Appellees/Cross Appellants
Bloate v. United States Reply Brief for the Petitioner
Bloate v. United States Brief for Petitioner
Bloate v. United States Cert. Petition
Brady v. National Football League Amicus Brief of Elected Officials and Small Business Owners
Caraco Pharmaceutical Laboratories v. Novo Nordisk Amicus Brief of The Generic Pharmaceutical Association
Caraco Pharmaceutical Laboratories v. Novo Nordisk Amicus Brief of The Generic Pharmaceutical Association
Comcast Corporation v. Behrend Amicus Brief of Retail Litigation Center, Inc. in Support of Petitioners
Coquina Investments v. TD Bank Response and Reply Brief of Defendant-Appellant
Coquina Investments v. TD Bank Brief for Defendant-Appellant
Coquina Investments v. TD Bank Reply Brief for Defendant-Appellant
Coquina Investments v. TD Bank Amended Brief of Defendant-Appellant
Douglas v. Independent Living Center of Southern California, Inc. Amicus Brief of the U.S. Chamber of Commerce in Support of Respondents
Fox v. Vice Brief for the Respondents
Harris v. Viegelahn Cert. Petition
Harris v. Viegelahn Reply Brief for the Petitioner
Harris v. Viegelahn Brief for the Petitioner
Harris v. Viegelahn Cert. Reply Brief for the Petitioner
Hirko v. United States Cert. Petition
Hirko v. United States Reply Brief for Petitioner
In re Charter Communications, Inc., et al. Opening Brief for Appellant
In re Charter Communications, Inc., et al. Reply Brief for Appellant R2 Investments, LDC
In re Charter Communications, Inc., et al. Opening Brief for Appellant
In Re: MPM Silicones, L.L.C. Opening Brief of Plaintiff-Appellant U.S. Bank National Association
In re: Rail Freight Fuel Surcharge Antitrust Litigation Brief of the Chamber of Commerce of the United States of America as Amicus Curiae
In the Matter of MPM Silicones LLC Reply Brief of Plaintiff-Appellant
Kiobel v. Royal Dutch Petroleum Co. Amicus Brief of the Association of German Chambers of Industry, and Others in Support of Respondents
Leatherwood v. Welker Appellee's Petition for En Banc and Panel Rehearing
Leatherwood v. Welker Supplemental Brief of Plaintiff-Appellee
Marx v. General Revenue Corporation Amicus Brief of ACA International in Support of Respondent
Merck & Co. v. United States Amicus Brief of the U.S. Chamber of Commerce
Microsoft Corp. v. I4I Ltd. Amicus Brief of Apotex Inc.
Mincey v. United States Cert. Petition
Mincey v. United States Reply Brief for Petitioner
National Association of Manufacturers, et al. v. Securities and Exchange Commission Brief of the Retail Litigation Center, Inc. and the National Retail Federation as Amici Curiae
Republic of Argentina v. NML Capital, Ltd. Brief of Amicus Curiae Aurelius Entities in Support of Respondent
Republic of Argentina v. NML Capital, Ltd., et al. Brief for the Aurelius Respondents in Opposition
Republic of Argentina v. NML Capital, Ltd., et al. Brief for the Aurelius Respondents in Opposition
Southgate Master Fund v. United States Appellant/Cross-Appellee's Response and Reply Brief
State of Alabama v. Pope Amicus Brief of International Municipal Lawyers Association and Others in Support of Petitioners
State of Indiana v. Edwards Brief for the Respondent
State of Indiana v. Edwards Brief in Opposition
United States v. Clay Brief for Defendant-Appellant
United States v. Clay Reply Brief for Defendant-Appellant
United States v. Stinn Brief for Defendant-Appellant
United States v. Stinn Reply Brief for Defendant-Appellant
Vernon Hill, II v. TD Bank NA, et al. Brief for Defendants-Appellees
Wal-Mart v. Dukes Amicus Brief of Intel Corporation (certiorari stage)
Wal-Mart v. Dukes Amicus Brief of Intel Corporation (merits stage)
Weyerhaeuser Company v. Ross-Simmons Hardwood Lumber Co. Amicus Brief of the U.S. Chamber of Commerce and the American Forest and Paper Association
York v. Texas Cert. Petition

Trial Memoranda

United States v. Hurwitz Defendant's Memorandum in Aid of Sentencing
United States v. Hurwitz 2006) Defendant's Response to Government's Position on Sentencing Factors
United States v. Stinn Motion for Release Pending Appeal
United States v. Stinn Defendant Bradley J. Stinn's Reply Memorandum in Support of His Motion for Release Pending Appeal

Mark T. Stancil is an appellate litigator.  He has argued five cases before the Supreme Court of the United States, briefed many more, and filed scores of briefs at the certiorari stage.  Mark has also argued a number of cases in the U.S. Courts of Appeals for the First, Second, Third, Fourth, and Ninth Circuits, as well as the Supreme Court of Virginia.  His practice has included matters for major investment funds on a variety of issues, including the Foreign Sovereign Immunities Act, complex bankruptcy disputes, breach-of-contract actions (including breaches of sovereign and high-yield bond indentures), and constitutional claims and defenses.  Mark has also handled cases involving partnership tax controversies, intellectual property litigation (including copyright, trademark, and trade secrets), employment discrimination, Section 1983 litigation and qualified immunity, federal securities laws, accounting fraud and accounting regulatory matters, SEC disclosure issues, and the Alien Tort Statute.  In addition to litigating appeals, a substantial portion of Mark’s practice is devoted to providing strategic advice in cases at the trial level, including preparing dispositive or other significant motions, assisting trial counsel in the development of legal arguments and strategy, and advising on error-preservation issues.

Before entering private practice, Mark served as a law clerk to Chief Justice William H. Rehnquist on the Supreme Court of the United States and to the Honorable David M. Ebel on the United States Court of Appeals for the Tenth Circuit.  Mark has previously served as an adjunct professor at Georgetown University Law Center, where he taught a seminar in constitutional theory, and he was a founding director of the Supreme Court Litigation Clinic at the University of Virginia School of Law.

 

Representative matters include:

  • Representing major investment funds in dispute with Republic of Argentina over defaulted sovereign debt, including multiple appeals to the Second Circuit, proceedings before the Supreme Court, and remand proceedings before the district court.

  • Representing Indenture Trustee on behalf of bondholders in dispute with Chesapeake Energy Corporation over certain high-yield bonds.  Obtained Second Circuit reversal of adverse decision by the district court; currently handling remand proceedings regarding proper remedy.

  • Representing major investment fund and Indenture Trustee in disputes arising out of Tribune Media bankruptcy dispute.

  • Representing major bank in post-trial proceedings and expected appeal of multi-million-dollar fraud judgment, and Rule 60(b) proceedings.

  • Represented consortium of distressed-debt investors in appeal of confirmation of Chapter 11 reorganization plan and appeal of 507(b) superpriority administrative expense claim.

  • Advised major investment fund on constitutional and administrative-law issues related to Fannie Mae and Freddie Mac conservatorship.

  • Advised major bank on constitutional and related issues arising from the Emergency Economic Stabilization Act passed in the midst of the 2007 financial crisis.

  • Successfully argued contract and regulatory dispute on behalf of major bank before the Third Circuit.

  • Represented investor in multiple appeals of nine-figure federal partnership tax disputes.

  • Represented Fortune 200 technology company in Lanham Act, breach-of-contract, and related disputes.

  • Argued Armour v. City of Indianapolis in the Supreme Court of the United States on behalf of a group of taxpayers challenging the constitutionality of a discriminatory municipal taxation scheme.

  • Argued Bloate v. United States in the Supreme Court of the United States, concerning the automatic exclusion of pretrial motion preparation time under the Speedy Trial Act.

  • Represented Fortune 200 defense contractor in successful post-trial motion to vacate multi-million-dollar trade secret verdict.

  • Represented former CEO of dot-com company in successful appeal of securities- and wire-fraud convictions.

Professional Activities, Publications and Honors:

  • Fellow, American Academy of Appellate Lawyers

  • Adjunct Professor, University of Virginia School of Law (Supreme Court Litigation Clinic)

  • Member, National Board of Academic Advisors, William H. Rehnquist Center on the Constitutional Structures of Government

  • Moot Court Panelist, Georgetown Supreme Court Institute

  • Moot Court Panelist, National Association of Attorneys General