Mark T. Stancil

Partner
Photo of Mark T. Stancil
Fax: 202.775.4510

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

Bar Admissions:

District of Columbia

Virginia

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 the Hatch-Waxman Act, 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 is a founding director of the Supreme Court Litigation Clinic at the University of Virginia School of Law.

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

  • 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.

  • Successfully argued copyright preemption dispute for a major technology company before the United States Court of Appeals for the Fourth Circuit.

  • Represented 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; successfully handled ensuing remedial proceedings in the district court and on further appeal.

  • Represented generic drug manufacturers in seeking Supreme Court review of decisions under Hatch-Waxman Act, and in challenging personal jurisdiction arising from ANDA filings.

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

  • Represented major bank in post-trial proceedings, 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.

About

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 the Hatch-Waxman Act, 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 is a founding director of the Supreme Court Litigation Clinic at the University of Virginia School of Law.

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

Representative Matters
  • 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.

  • Successfully argued copyright preemption dispute for a major technology company before the United States Court of Appeals for the Fourth Circuit.

  • Represented 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; successfully handled ensuing remedial proceedings in the district court and on further appeal.

  • Represented generic drug manufacturers in seeking Supreme Court review of decisions under Hatch-Waxman Act, and in challenging personal jurisdiction arising from ANDA filings.

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

  • Represented major bank in post-trial proceedings, 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.