Mark Holland is a partner in the firm's Litigation Department and a member of its Securities Litigation & SEC Enforcement Practice. He joined Goodwin Procter in 2009.
Work for Clients
Mr. Holland has over 30 years experience defending securities class actions and shareholder derivative suits. He focuses on defending issuers and underwriters in public offering litigation and defending investment advisers and mutual funds in litigation under the Investment Company Act of 1940.
Mr. Holland has appeared as counsel of record for defendants in many of the major securities litigations of the past decade, including: Merrill Lynch in co-ordinated class actions alleging market manipulation in connection with over 300 technology IPOs, In re IPO Sec. Litig., 471 F.3d 24 (2d Cir. 2006); Citigroup in class action litigation arising out of the collapse of Parmalat, In re Parmalat, 376 F.Supp 2d 472 (SDNY 2005); Alliance Bernstein in civil litigation arising out of market timing allegations, In re Mutual Funds Investment Litig., 04 MDL 1586 (D. Md. 2004); Merrill Lunch Investment Management in class actions arising out of purportedly conflicted analyst research reports, In re Merrill Lynch & Co. Research Reports Litig., 272 F.Supp. 2d 243 (SDNY 2003); and the Independent Trustees of the Reserve Primary Fund in litigation brought in connection with that fund's "breaking the buck" in September 2008, In re The Reserve Fund Sec Litig., 1:09 MD 2011 (SDNY). He is currently representing Bank of America/Countrywide in litigation brought by monoline insurers arising out of the mortgage market meltdown.
Mr. Holland also has extensive experience defending mutual fund litigation. In addition to the Market Timing and Reserve Fund cases, he successfully argued against the existence of private rights of action under the 1940 Act in Olmsted v. Pruco Life, 283 F.3d 429 (2d. Cir. 2002); obtained summary judgment dismissing conflict of interest allegations under Section 36(b) of the 1940 Act in Green v. FAM, 286 F.3d 682 (3d Cir. 2002); and defeated shareholder challenges under Section 15(f) of the 1940 Act to the merger of Mellon Bank and Dreyfus, Olesh v. Dreyfus 1995 WL 500491 (EDNY 1995).
Mr. Holland serves on the Committee on Investment Management Regulation of the New York City Bar and previously served on the Committee on Securities Litigation.
Prior to joining Goodwin Procter, Mr. Holland was a partner in the New York office of Clifford Chance, where he served as co-head of the U.S. Securities and White Collar/Regulatory Practice Group.
Bar and Court Admissions
Mr. Holland is admitted to practice in New York and before the U.S. Courts of Appeal for the Second, Third, Seventh and Eleventh Circuits and the U.S. District Courts for the Southern and Eastern Districts of New York.
In 2010, Mr. Holland was named Independent Counsel of the Year at the 17th Annual Mutual Fund Industry Awards ceremony, sponsored by Fund Action and Fund Directions. He repeatedly has been recognized by Chambers USA as one of the leading individuals in securities litigation in New York and nationwide. He has spoken at numerous industry conferences and CLE seminars on securities and mutual fund litigation.
B.A., Colgate University, 1978 (cum laude).
J.D., Cornell Law School, 1981 (with honors).
While at law school, Mr. Holland served as the Managing Editor of the Cornell Law Review.