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 a litigator who focuses on complex commercial disputes at the trial and appellate levels. A substantial portion of his practice is devoted to representing hedge funds, multi-strategy asset managers, and indenture trustees in matters where the the legal rights of financial interests are in dispute. His cases often involve novel or difficult questions of law, and frequently implicate bankruptcy disputes or legal rights and priorities arising under bond indentures or similar instruments. Mark has served as lead litigator at every level of the federal judiciary, arguing significant and case-dispositive motions in district courts and briefing and arguing numerous appeals before the U.S. Courts of Appeals for the First, Second, Third, Fourth, and Ninth Circuits. He has also personally argued five cases before the Supreme Court of the United States, briefed many more, and filed scores of briefs at the certiorari stage.

In addition to his practice arising from investment disputes, Mark has litigated a wide variety of issues, including the Foreign Sovereign Immunities Act, constitutional claims, the Hatch-Waxman Act, partnership tax controversies, intellectual property litigation (copyright, trademark, and trade secrets), Section 1983 litigation and qualified immunity, federal securities laws, accounting fraud and accounting regulatory matters, SEC disclosure issues, and the Alien Tort Statute.

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.

Professional Activities, Publications, and Honors

  • Fellow, American Academy of Appellate Lawyers

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

  • Past 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 ad hoc group of General Obligation bondholders of the Commonwealth of Puerto Rico in litigation arising from the Commonwealth’s default and restructuring.

  • Representing group of major investment funds holding defaulted debt issued by the Republic of Venezuela.

  • Represented Administrative Agent for $4.2 billion term loan against PetSmart, Inc. and related entities in connection with disputed transactions that sought to impair collateral and other rights of term-loan holders.

  • Represented 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 Fourth Circuit.

  • Represented Indenture Trustee on behalf of bondholders in dispute with Chesapeake Energy Corporation over high-yield bonds. Obtained Second Circuit reversal of adverse district court decision; obtained make-whole payment on remand to the district court and successfully defended remedy on further appeal.

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

  • 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 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.

  • 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 a litigator who focuses on complex commercial disputes at the trial and appellate levels. A substantial portion of his practice is devoted to representing hedge funds, multi-strategy asset managers, and indenture trustees in matters where the the legal rights of financial interests are in dispute. His cases often involve novel or difficult questions of law, and frequently implicate bankruptcy disputes or legal rights and priorities arising under bond indentures or similar instruments. Mark has served as lead litigator at every level of the federal judiciary, arguing significant and case-dispositive motions in district courts and briefing and arguing numerous appeals before the U.S. Courts of Appeals for the First, Second, Third, Fourth, and Ninth Circuits. He has also personally argued five cases before the Supreme Court of the United States, briefed many more, and filed scores of briefs at the certiorari stage.

In addition to his practice arising from investment disputes, Mark has litigated a wide variety of issues, including the Foreign Sovereign Immunities Act, constitutional claims, the Hatch-Waxman Act, partnership tax controversies, intellectual property litigation (copyright, trademark, and trade secrets), Section 1983 litigation and qualified immunity, federal securities laws, accounting fraud and accounting regulatory matters, SEC disclosure issues, and the Alien Tort Statute.

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.

Professional Activities, Publications, and Honors

  • Fellow, American Academy of Appellate Lawyers

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

  • Past 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 ad hoc group of General Obligation bondholders of the Commonwealth of Puerto Rico in litigation arising from the Commonwealth’s default and restructuring.

  • Representing group of major investment funds holding defaulted debt issued by the Republic of Venezuela.

  • Represented Administrative Agent for $4.2 billion term loan against PetSmart, Inc. and related entities in connection with disputed transactions that sought to impair collateral and other rights of term-loan holders.

  • Represented 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 Fourth Circuit.

  • Represented Indenture Trustee on behalf of bondholders in dispute with Chesapeake Energy Corporation over high-yield bonds. Obtained Second Circuit reversal of adverse district court decision; obtained make-whole payment on remand to the district court and successfully defended remedy on further appeal.

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

  • 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 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.

  • 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.