Overview
Mark Hochberg is a trial and appellate lawyer in the Boston office of Kirkland & Ellis LLP. He has been identified multiple times as “One to Watch” by Best Lawyers and a “Rising Star” by Super Lawyers.
He litigates nationally and his practice spans federal, state and administrative jurisdictions. It also traverses legal areas. His bread and butter is complex commercial disputes as well as government and internal investigations. But the panoply of experience involves technical issues in niche spaces. For example, Mark also litigates cases involving intellectual property, bankruptcy, antitrust, construction, international trade and criminal matters.
Outside the courtroom and beyond the pleadings, Mark connects with the legal community through bar associations such as the Boston Bar Association and the Massachusetts Bar Association. Further, he connects with the LGBTQ+ community through the National LGBTQ+ Bar Association and the Massachusetts LGBTQ Bar Association.
Mark advocates zealously for members of marginalized communities. He has counseled incarcerated people through the parole process and survivors of domestic violence through family court proceedings.
Experience
Representative Matters
In re Certain Prods. Containing Tirzepatide & Prods. Purporting to Contain Tirzepatide (I.T.C.): Obtained summary determination for Eli Lilly and Company recommending that the International Trade Commission issue a general exclusion order, as well as multiple limited exclusion orders and cease and desist orders, due to trademark infringement, false designation of origin, and false advertising by sellers or purported sellers of tirzepatide.
Counsel to Berkshire Partners in its investment in RJW Logistics, a provider of retail logistics solutions for consumer goods.
Counsel to Careismatic Brands, LLC and its affiliates in their Chapter 11 cases in the U.S. Bankruptcy Court for the District of New Jersey.
Clerk & Government Experience
Judicial Co-opHonorable Scott KafkerMassachusetts Supreme Judicial Court2020–2021
Judicial Co-opHonorable Indira TalwaniUnited States District Court for the District of Massachusetts2019
Prior Experience
Pro Bono
Women’s Bar Foundation, Family Law Project for Domestic Abuse Survivors – Represented multiple survivors in ongoing child custody and divorce proceedings in Massachusetts Family and Probate Courts.
Northeastern University School of Law, Prisoners’ Rights Clinic – Represented inmate sentenced to life imprisonment before Massachusetts Parole Board.
More
Thought Leadership
Publications
Co-Author, “Accelerated Scrutiny of AI Systems in 2024: The EU AI Act and the U.S. Strategy,” JD Supra, January 9, 2024
Author, “Federal Judge Sets Stage for Insurers to Omit PrEP Coverage,” Mass Lawyers Weekly, September 16, 2023
Contributing Author, “3D Printing: New Frontier in Potential Product Liability Claims,” Mass Lawyers Weekly, January 20, 2023
Recognition
“One to Watch,” for Commercial Litigation and Litigation – Intellectual Property, Best Lawyers, 2024–2025
“Rising Star,” Super Lawyers, 2023–2024
“Pro Bono High Honor Roll,” Massachusetts Supreme Judicial Court, 2023
Memberships & Affiliations
New Lawyers Executive Steering Committee, Boston Bar Association
Massachusetts Bar Association
Massachusetts LGBTQ Bar Association
National LGBTQ+ Bar Association
Credentials
Admissions & Qualifications
- 2021Massachusetts
Courts
- United States Court of Appeals for the Federal Circuit
- United States Court of Appeals for the First Circuit
- United States District Court for the District of Massachusetts
Education
- Northeastern University School of LawJ.D.2021Senior Editor, Northeastern University Law Review
- University of Massachusetts AmherstB.A., Political Sciencecum laude2018