Overview

“Mark is a brilliant, tactical litigator.” “Mark is a great litigator. He is super practical, he lays out the costs and benefits of moving forward and works in the client’s best interest.” - Chambers USA, 2023 (Client Quotes)

A litigation partner and trial lawyer in Kirkland’s Bay Area office, Mark McKane focuses on high-profile, complex commercial litigation in trial courts in California and across the country. Mark represents Fortune 500 companies and top private equity firms in a diverse set of matters, including antitrust and unfair competition cases, corporate finance litigation, energy disputes, mergers and acquisition litigation and securities cases. In addition to securing substantial victories for plaintiffs and defendants in commercial matters in federal and state courts and before arbitration panels, Mark has extensive experience and a proven record of success in high-profile bankruptcy and restructuring litigation. Mark also frequently advises public company boards and private equity firms on litigation risk assessments and corporate governance matters.

Mark is recognized by Chambers USA: America’s Leading Lawyers for Business for Litigation: Commercial General, in which clients said they “favor him because ‘he is business oriented, but also very candid,’” and they “have a high degree of confidence and security,” in his judgment. In the 2021 edition of Chambers, clients describe him as “the consummate professional,” praising his excellence in “witness preparation and thinking through what arguments to expect from the other side,” as well as “assessing the benefits and risk of litigation.” Mark has also been recognized by The Legal 500 U.S. for his work in M&A: Litigation. His matters are regularly profiled in the American Lawyer, AmLaw Daily, Law360, New York Times and Wall Street Journal.

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Thought Leadership

Publications

Co-Author, “A Different Solution to the Class Proofs-of-Claim Debate,” ABI Journal, February 2022.

Memberships & Affiliations

Association of Business Trial Lawyers, Northern California Chapter

American Bar Association, Litigation Section

Credentials

Admissions & Qualifications

  • 1997, Illinois (inactive)
  • 1999, District of Columbia
  • 2004, California

Courts

  • Massachusetts Superior Court, Middlesex County (pro hac vice)
  • United States Court of Appeals for the Second Circuit
  • United States Court of Appeals for the Seventh Circuit
  • United States Court of Appeals for the Ninth Circuit
  • United States Bankruptcy Court for the Southern District of Texas (pro hac vice)
  • United States District Court for the Central District of California
  • United States District Court for the Eastern District of California
  • United States District Court for the Northern District of California
  • United States District Court for the Southern District of California

Education

  • Northwestern Pritzker School of LawJ.D.cum laude1997
    Executive Editor, Northwestern University Law Review
  • Yale UniversityB.A., Political Science1993