Mark C. Hilgard leads the litigation and arbitration practice of Mayer Brown LLP in Germany. He has extensive experience in both national and international litigation and arbitration (ICC, DIS, ad hoc etc.). In arbitral matters he sits as arbitrator (Chairman or Co-arbitrator) and also represents parties before arbitral tribunals. Due to his heavy involvement in international activities many of his proceedings have an international aspect; a significant number of proceedings is conducted in the English language.
Mark’s expertise includes proceedings related to mergers and acquisitions (e.g., purchase price adjustment disputes, violation of guarantees) and contractual disputes (automotive, bank, construction, telecommunication, agency disputes), complex liability cases (recall of products, D&O claims), cartel law (damage claims) as well as related to plant engineering and construction.
Mark is familiar with cases which are very complex or require particular technical understanding. For example, he advises plant construction companies. He also defends clients against the attempted luring away of employees and other acts of unfair competition of competitors.
Mark is admitted at all municipal courts (Amtsgericht), regional courts (Landgericht) as well as at all courts of appeal (Oberlandesgericht) in Germany. In the course of his legal activities he has, over the years, advised and represented several clients in proceedings up to the Ger-man Federal Supreme Court (BGH) and the European Court of Justice. In its current edition, as in various years before, “Legal Business” highly recommends Mark as “European Legal Expert for Litigation and Arbitration in Germany” and as expert for Corporate and M&A. Clients describe him as a “smart and creative” or “a wonderfully creative lawyer,” who can “always find the best way out of difficult situations.” (Chambers).
Since 1984, Mark has handled cases as an attorney with emphasis on transnational and in-ternational aspects. Therefore, many requirements of laws of other countries, such as US law or English law, are known to him. Mark’s interest in international procedural questions of law can be derived from his active engagement in the German American Lawyers´ Association, the German-British Jurists Association, the German Lawyers’ Association (DAV) – Working Group for International Legal Transactions, and his publications. His interest is also reflected by the fact that he is continuously asked to speak or serve on the panel on procedural aspects on international conferences and has been President of the Litigation Commission of the UIA for many years. He also serves as Chairman of the Corporate and Business Law Committee of the American Chamber of Commerce in Germany (AmCham); he is also Chairman of AmCham´s Regional Chapter Rhein-Main and Vice-President of the Wirt-schaftsclub Rhein-Main e.V.