Mark Vorder-Bruegge is a member of Wyatt’s Intellectual Property Protection & Litigation Service Team. He also is a member of the Firm’s Executive Committee and serves as the Firm’s General Counsel. Mark concentrates his practice in client counseling, resolution, and trial of complex problems of intellectual property, corporate governance, accounting and securities fraud, professional liability, and other business disputes.
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Mark has represented business, institutional, and individual clients for more than 40 years in all of the Tennessee trial courts in Memphis and Shelby County, trial courts in other Tennessee areas and many other states in the U.S., and all of the appellate courts that review their decisions, including the Tennessee Court of Appeals and the Supreme Court of Tennessee. His practice has included hundreds of cases involving trade secrets, employee competition, medical device product liability, ownership of intellectual property governed by state law, agreements for the assignment or license of intellectual property and other intangibles, corporate governance, fiduciary obligations, professional errors and omissions, premises liability, banking law, insurance coverage, and general commercial matters.
Mark has an equally extensive practice and experience in the federal trial courts sitting in Tennessee and in multiple other districts, including those in Mississippi, Florida, Oklahoma, Utah, California, and Idaho; and the appellate courts which review their decisions, including the U.S Courts of Appeal for the Sixth, Ninth, and Tenth Circuits and the Federal Circuit. Cases in those courts have involved patent and trade secret rights, securities fraud controversies, adversary proceedings in bankruptcies, antitrust, failed bank liquidations, multi-state debt workouts, class actions, multi-district litigation, and ERISA matters.
ILLUSTRATIVE CASES
- Multiple actions for medical device product liability (Shelby County Tenn. Circuit Courts).
- Multiple actions for trade secret theft and violations of non-compete covenants (Shelby County Tenn. Chancery and Circuit Courts).
- Smith & Nephew, Inc. v. Zimmer, Inc. Patent Litigation (W.D. Tenn.).
- Smith & Nephew, Inc. v. Synthes, Inc. Patent Litigation (W.D. Tenn.).
- Smith & Nephew, Inc. v. Stryker Corp. Patent Litigation (W.D. Tenn.).
- Karl Storz v. Smith & Nephew, Inc. Patent Litigation (W.D. Tenn.).
- Storm Products v. Ebonite Patent Litigation (D. Utah).
- Brunswick v. Ebonite Patent Litigation (D. Colo.).
- Smith & Nephew, Inc. v. Stryker/Howmedica Patent Litigation (W.D. Tenn.).
- Kyphon v. Medtronic, Inc. Patent Litigation (W.D. Tenn.).
- Innovative Solutions and Support v. Kollsman, et al. Patent Litigation (W.D. Tenn.).
- FDIC Liquidation of Penn Square Bank (Oklahoma City).
- G. Weeks & Co. Securities Fraud Litigation (W.D. Tenn.).
- Hibernia National Bank v. FDIC (10th Circuit).
- Pullman, Incorporated v. Abex Corp. (S.Ct. Tenn.).
- Paine Webber Properties – Elkington & Keltner Workout (Tenn.).
- Towery Press, Inc. Bankruptcy (W.D. Tenn.).
- ESM Government Securities Accounting Fraud Litigation (S.D. Fla.).
- Memphis Board of Education v. Grant Thornton, CPA’s (S.D. Fla.).
- Fidata (Bradford Trust) Securities Litigation (S.D. Fla.).
- Major Commercial Loan Workouts for Union Planters Corporation.
- Morrison Knudsen Corp. Securities Fraud Litigation (D. Idaho).
- William Tanner v. Caplin & Drysdale (W.D. Tenn.).
- Memphis Jet Center v. Cessna Aircraft Antitrust Litigation (W.D. Tenn.).
- Seessel Holdings, Inc. v. Bruno’s, et al. (W.D. Tenn.).
- FDIC v. Union Planters Corporation (M.D. La.).
- Huey v. Deloitte, Haskins & Sells (now Deloitte Touche) (W.D. Tenn.).
- RTC v. Pannell Kerr Foster, CPA’s (W.D. Tenn.).
- Concord/EFS (now First Data Corp.) Merchant Class Action (Tenn.).
- Orthopaedic Implant Device Antitrust Class Actions (MDL – S.D. Ind.).
- Anderson-Tully Co. v. Federal Insurance Co. and Aon (W.D. Tenn.).
- DuPont ERISA Class Action Litigation (M.D. Tenn.).
- Smith & Nephew, Inc. v. DePuy (W.D. Tenn.).
- Smith & Nephew, Inc. v. Stryker/Howmedica Patent Litigation (W.D. Tenn.).
REPRESENTATIVE CLIENTS
- Federal Deposit Insurance Corporation
- Hibernia National Bank
- Resolution Trust Corporation
- Board of Education, Memphis City Schools
- Union Planters Corporation
- Regions Financial Corporation
- Caplin & Drysdale
- Cessna Aircraft Company
- Seessel Holdings, Inc.
- Deloitte, Haskins & Sells (now Deloitte Touche)
- Concord/EFS, Inc. (now First Data Corp.)
- Smith & Nephew, Inc.
- Aon
- E.I. DuPont de Nemours & Co.
- Ebonite Corporation
- AFLAC
- Kemmons Wilson Companies
- Kyphon, Inc.
- Software Earnings, Inc.
- Paine Webber Properties
- Pullman, Incorporated
- ServiceMaster, LP
- University of Memphis
- Computers & Networks, Inc.
- Bank of America
- Coastal Securities, LP
- Cooper Companies
- Ezon, Inc.
- Hard Rock Café
- Memphis Light, Gas & Water Division
- Mueller Industries, Inc.
- Sutter Securities, Inc.
- Thomas & Betts Corporation
- Witco Corp.
- American Medical Systems (now Pfizer, Inc.)
- Arthur Andersen & Co.
- Ellis Communications, Inc.
EDUCATION
- J.D., Vanderbilt University, 1978
- B.A. University of Virginia, 1975
ADMISSIONS
- Supreme Court of Tennessee
- U.S. District Courts, Western and Middle Districts of Tennessee
- U.S. Court of Appeals, Sixth, Tenth and Federal Circuits
HONORS
- Fellow, American College of Trial Lawyers
- Woodward/White’s The Best Lawyers in America® in the areas of Commercial Litigation, Intellectual Property Litigation and Securities Litigation 2008-present
- Best Lawyers® 2016-2017 Memphis Litigation – Intellectual Property “Lawyer of the Year”
- Best Lawyers® 2023 Memphis Litigation – Securities “Lawyer of the Year”
- Mid-South Super Lawyers in the area of Intellectual Property Litigation, 2008-2019, 2021 – present
- Mid-South Super Lawyers Top 100 in Tennessee and Top 50 in Memphis, 2018-2019, 2021
- Recognized as a Top Lawyer in the American Lawyer/Corporate Counsel Annual Guide to Commercial Litigation, 2011
- Highest Professional Rating (AV®) by Martindale-Hubbell
PROFESSIONAL EXPERIENCE
Law Clerk to the Honorable Harry W. Wellford, United States District Judge, now Senior U.S. Circuit Judge
PROFESSIONAL ACTIVITIES AND MEMBERSHIPS
- Standing Local Rules Committee, United States District Court (W.D. Tenn.)
- American Inns of Court (Memphis Chapter President 2009-10)
- Tennessee Bar Association’s Standing Committee on Ethics and Professional Responsibility, Member 2003-Present, Chair Commencing 2024
- Institute of Electrical and Electronics Engineers (IEEE), Computer Society
- The Sedona Conference
- Memphis Lawyers Journal Club
- Electronic Discovery Reference Model (EDRM)
CIVIC INVOLVEMENT
- Member of Tennessee Supreme Court Commission on Lawyers Assistance (TLAP)
- Director and past President of Ronald McDonald House Charities of Memphis, Inc., which houses patients of St. Jude Children’s Research Hospital
- Former President, Central Gardens Area Association
PRESENTATIONS
Mr. Vorder-Bruegge speaks and writes frequently on complex litigation management, legal technology, corporate loss prevention, and ethics.
- “Ethical Issues and Answers for Inside Counsel,” Wyatt’s Memphis Corporate Counsel Seminar, April 2024
- “Ethical Issues and Answers for Inside Counsel,” Wyatt’s Nashville Corporate Counsel Seminar, December 2023
- “What Should I Do, and Why? – Ethics Guidance for Inside Counsel,” Wyatt’s Nashville Corporate Counsel Seminar, December 2019
- “What Should I Do, and Why? – Ethics Guidance for Inside Counsel,” Wyatt’s In-House Counsel Seminar, June 2019
- “What Should I Do, and Why? – Ethics Guidance for Inside Counsel,” Wyatt’s 23rd Annual Memphis Corporate Counsel Seminar, April 2019
- “What Should I Do, and Why? – Ethics Guidance for Inside Counsel,” Wyatt’s Nashville Corporate Counsel Seminar, December 2018
- “What Should I Do, and Why? – Ethics Guidance for Inside Counsel,” Wyatt’s 22nd Annual Memphis Corporate Counsel Seminar, April 2018
- “Ethics Update,” Wyatt’s 20th Annual Nashville Corporate Counsel Seminar, December 2017
- “Ethics Update for Corporate Counsel,” Wyatt’s Memphis Corporate Counsel Seminar, April 2016
- “Ethics Update for Corporate Counsel,” Wyatt’s Nashville Corporate Counsel Seminar, December 2016
- “Are you ‘Privileged Character’?,” Wyatt’s In-House Counsel Litigation Seminar, November 2016
- “Ethics Update for Corporate Counsel,” Wyatt’s Nashville Corporate Counsel Seminar, December 2015
- “The Non-Practicing Patent Owner: Einstein or Frankenstein? A reasoned analysis of harmony and collision between innovation, monetization, and dispute resolution policies.”, Wyatt’s Memphis Corporate Counsel Seminar, April 2014
- “Ethics Update,” Wyatt’s Nashville Corporate Counsel Seminar, December 2013
- “Ethics Reference for Corporate Counsel,” Wyatt’s In-House Counsel Seminar, June 2011
- “Ethics Update for In-House Counsel,” Wyatt’s In-House Counsel Seminar, June 2010
- “Ethics Hour,” Wyatt’s In-House Counsel Seminar, June 2009