Mark R. Rosen, Partner
Philadelphia, PA

e: mrosen@barrack.com
p: (215) 963-0600
f: (215) 963-0838

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Attorneys & Professionals

Mark R. Rosen

Mark R. Rosen, Partner
Philadelphia, PA

e: mrosen@barrack.com
p: (215) 963-0600
f: (215) 963-0838

Download vCard

Mark R. Rosen, a partner in Barrack, Rodos & Bacine, joined the firm in 1999. Mr. Rosen, who served as a law clerk to Judge Stanley S. Brotman, of the United States District Court for the District of New Jersey, has handled many trials and appeals as an experienced civil litigator representing plaintiffs and defendants in federal and state courts in, inter alia, constitutional, securities, antitrust, corporate takeover, environmental, consumer and other class and derivative litigation.  Mr. Rosen has argued several appeals in both state and federal appellate courts.

Mr. Rosen has successfully litigated high-profile cases which received nationwide recognition. In Strawn v. Canuso, 140 N.J. 43, 657 A.2d 420 (1995), the New Jersey Supreme Court ruled in favor of his clients, a group of homeowners, in establishing that builders and real estate brokers must inform prospective buyers about certain material off-site conditions, such as landfills. In Atlantic Coast Demolition & Recycling, Inc. v. Board of Chosen Freeholders, 48 F.3d 701 (3d Cir. 1995), on remand, 931 F. Supp. 341 (D.N.J. 1996), aff’d, 112 F.3d 652 (3d Cir.), cert. denied, 522 U.S. 966 (1997), Mr. Rosen represented an out-of-state recycling facility in persuading the court to strike down the New Jersey system of waste “flow control,” holding that it violated the constitutional protection for interstate commerce.

At BR&B, Mr. Rosen has handled a variety of matters, including antitrust, securities and corporate takeover class and derivative actions, as well as individual commercial actions. Mr. Rosen was member of the successful team that litigated In re WorldCom, Inc. Securities Litigation, before the Honorable Denise L. Cote in the Southern District of New York, to its landmark conclusion.  He was co-lead counsel for the plaintiffs in the securities class action against M.F. Global, before the Honorable Victor Marrero of the United States District Court for the Southern District of New York.  In the M.F. Global case, Mr. Rosen persuaded the United States Court of Appeals for the Second Circuit to overturn the dismissal of the class action complaint.  The case was ultimately resolved with a $90 million recovery for the class, notwithstanding the filing of M.F. Global's petition for bankruptcy protection before the court approved the settlement.

Mr. Rosen was one of the lead counsel for plaintiffs in In re Automotive Refinishing Paint Antitrust Litigation, before the Honorable R. Barclay Surrick in the Eastern District of Pennsylvania, which yielded $105 million in settlements, and In re Publication Paper Antitrust Litigation, before the Honorable Stefan R. Underhill in the District of Connecticut, among others. He was one of the lead counsel for plaintiffs in the litigation over the acquisition of Chiron, which resulted in an increase of several hundred million dollars in the price paid to buy out its public shareholders, and for the mutual policyholders of Harlesyville Mutual Insurance Company, in which he worked to secure a $25 million recovery for policyholders.  Mr. Rosen has also handled the defense of several matters, including representing a group of defendants in a securities action arising from the upheaval in the financial markets.  He also served as lead trial counsel representing a major international bank in an injunction hearing challenging its acquisition of an American bank. Mr. Rosen was selected as a 2012 Top-Rated Lawyer in Commercial Litigation by American Lawyer Media.

Education:
  • Harvard Law School (J.D., cum laude, 1979)
  • University of Pennsylvania (A.B., summa cum laude, 1976, with distinction in political science)
Admissions:
  • Pennsylvania, 1979
  • New Jersey, 1980
  • District of Columbia, 1980
  • California, 1989
  • United States Supreme Court
  • United States Court of Appeals, District of Columbia Circuit
  • United States Court of Appeals, Second Circuit
  • United States Court of Appeals, Third Circuit
  • United States Court of Appeals, Sixth Circuit
  • United States Court of Appeals, Seventh Circuit
  • United States Court of Appeals, Ninth Circuit
  • United States Court of Appeals, Eleventh Circuit
  • United States District Court for the District of New Jersey
  • United States District Court for the Eastern District of Pennsylvania
  • United States District Court for the Southern District of California
  • United States District Court for the Northern District of California
  • United States District Court for the Central District of California
  • United States District Court for the District of Colorado
  • United States District Court for the District of Columbia
  • United States District Court for the Eastern District of Wisconsin
Publications:
  • New Standards for Director Liability Developed in WorldCom
    Barrack Bulletin, Vol. 9 (Fall 2005)

    The Application of Constitutional Principles to Solid Waste
    New Jersey Institute of Continuing Legal Education, 1998; Pennsylvania Bar Institute, 1999, 2000

    Issues in Solid Waste Flow Control Litigation
    Pennsylvania Bar Institute, 1998

    New Standards of Disclosure in Real Estate Transactions
    New Jersey Institute of Continuing Legal Education, 1995

    Remedies for Environmental Misrepresentations and Omissions
    BNA Toxics Law Reporter

    Taking the Fear Out of the Toxic Tort Case
    Pennsylvania Trial Lawyers Association, 1987