Mark Holden is a litigation partner in the Houston office of Kirkland & Ellis LLP. He practices primarily in the areas of white-collar criminal defense and internal investigations. He also is an experienced civil litigator with significant experience in energy and bankruptcy litigation.
Experience
Representative Matters
False Claims Act and Anti-Kickback Statute
Represent clients accused of False Claims Act violations, including assisting clients in responding to Civil Investigative Demands issued by the U.S. Department of Justice.
Assist healthcare companies in investigating and resolving alleged violations of the Anti-Kickback Statute, often in parallel with alleged violations of the False Claims Act, and of the Federal Food Drug & Cosmetic Act.
Data Security & Privacy
Represented the City of Dallas in an internal investigation into a March 2021 loss of Dallas Police Department data. The results of the investigation were reported to the Dallas City Council and the investigation received public and media attention.
Assist public and private companies with investigating and remediating cybersecurity incidents and data security breaches.
Securities
Represented a leading technology company in a securities fraud investigation by the U.S. Department of Justice.
Represent public companies in securities fraud and other financial regulatory investigations by the U.S. Securities and Exchange Commission and U.S. Department of Justice.
Other
Represented a leading pharmaceutical company in an investigation into alleged FCPA violations.
Represent public and private companies in internal investigations into alleged breaches of fiduciary duty or other alleged wrongdoing by employees or management.
"FDA-EPA Public Health Guidance on Fish Consumption: A Case Study on Informal Interagency Cooperation in 'Shared Regulatory Space,'" Food & Drug. L.J. 70:1 (April 2015).
Recognition
Best Lawyers: Ones to Watch (2021–2023)
Credentials
Admissions & Qualifications
Texas
Courts
United States District Court for the Eastern District of Texas
United States District Court for the Northern District of Texas
United States District Court for the Southern District of Texas
United States District Court for the Western District of Texas
United States District Court for the District of North Dakota
United States Court of Appeals for the Second Circuit
United States Court of Appeals for the Fifth Circuit
Education
Harvard Law SchoolJ.D.cum laude2014
Dean’s Scholar Awards in Food & Drug Law and Corporations
Managing Editor, Harvard Journal of Law and Public Policy
Columbia UniversityB.A., Political Science & Philosophycum laude2009