Mark A. Simanowith

Mark Simanowith handles commercial and contract disputes, particularly involving employment litigation, real estate, energy, and utilities, for companies across an array of industries as well as for government interests. His experience with litigation includes disputes involving breach of contract, non-compete agreements. commercial leases, real estate and land use including those involving cell phone towers, insurance coverage, and many other issues. These matters range from large complex litigation involving teams of lawyers to smaller disputes between business entities or individuals. Mark also handles matters related to higher education.

Commercial and contract disputes

Mark has experience handling commercial and contract disputes for clients ranging from a defense contractor and a management company to a large mortgage company and the Governor of Pennsylvania.

Select representations include:

  • Represented international insurance broker in litigation relating to non-compete agreement and successfully obtaining temporary restraining orders and preliminary injunctions enforcing broker’s restrictive covenants
  • Obtained injunctive relief for one of the nation’s largest providers of specialized hospital, rehabilitative, and outpatient care in connection with litigation relating to non-compete agreements
  • Represented a defense contractor in a breach of contract dispute and fraud action with a large manufacturer, including developing strategy that ultimately led to the exclusion of expert’s testimony relating to over $22 million of alleged damages
  • Represented a management company in a multi-year, multi-party litigation involving large and small transportation service providers and the state of Maryland, including developing successful strategy to overturn adverse agency decision
  • Successfully obtained dismissal of all claims against large mortgage company employee in connection with alleged “robo-signing”
  • Played substantial role in multi-jurisdiction litigation defending Governor of Pennsylvania and Department of Education against claims of violations of due process from school district and charter school
  • Represented a large automobile lender in numerous litigation matters, including obtaining pre-trial repossession of property and judgment after trial

Real Estate

Mark’s real estate work includes a strong focus on assisting carriers and tower companies with the development of telecommunications infrastructure. He also has represented a moving and storage company and a large retail and pharmacy company.

Select representations include:

  • Represented large moving and storage company in commercial lease dispute involving claims of constructive eviction and breach of lease

  • Represented carriers and tower companies in the telecommunications industry in siting, leasing, zoning, permitting and related litigation throughout Maryland and Virginia

  • Obtained favorable result on behalf of landlord in enforcement action brought by Maryland Department of the Environment in connection with environmental issues

  • Represented large retail and pharmacy company in multiple lease disputes with multiple landlords involving issues relating to bankruptcy, scope of guaranty obligations, interpretation of lease provisions, and mitigation

Energy, Environmental and Utilities

Mark’s work on energy, environmental and utilities matters includes working on a team to secure regulatory and environmental approvals for projects ranging from a nuclear power plant to transmission lines. He also has experience handling an environmental-related insurance investigation.

Select representations include:

  • Member of team that won regulatory and environmental approvals in Maryland for an energy provider to build what would have been the first nuclear power plant constructed in 30 years had the company decided to proceed with the project

  • Played substantial role on team that won regulatory and environmental approvals for utility provider to build transmission line

  • Led team in insurance investigation in connection with environmental issues associated with thousands of residential units

Drawing on his background as a former financial advisor for a financial services company, Mark approaches litigation with an understanding of the practical needs of his clients and helps them assess the costs versus the benefits of legal action at each stage of their cases. He also brings a practical understanding of the management issues from his experience managing a team of investment advisors for this company as well as providing financial services to an extensive client base with more than $150 million in assets.  During his time in the financial services industry, Mark obtained Series 7 (General Securities Representative), Series 65 (Uniform Investment Advisor), and Series 63 (Uniform Securities Agent) licenses, and Maryland Life and Health Insurance Certification.

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