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Mark S. Sidoti

Mark S. Sidoti

Director, Commercial & Criminal Litigation

Mr. Sidoti – a commercial and products liability litigator and Co-Chair of the Gibbons E-Discovery Task Force – draws on his more than 30 years of litigation experience to help his clients assess and surmount a wide range of business challenges that require savvy negotiation and, at times, aggressive litigation. Whether the issues revolve around contract disputes, financial services, restrictive covenants, corporate medical litigation, ADA accessibility and discrimination defense, or products liability, Mr. Sidoti combines his litigation skills with a broad knowledge of e-discovery law and information governance principles to help his clients navigate the critical cost/benefit analysis involved in every litigation and to reach the most favorable resolution in the most economical way.

Mr. Sidoti is a Director in the Gibbons Commercial & Criminal Litigation Departments. His varied litigation practice focuses on business and healthcare litigation of all types. He has handled high stakes cases in various business areas, as well as high-profile catastrophic injury, wrongful death, and wrongful birth cases in the corporate medical arena, specifically in the clinical laboratory industry. As Co-Chair of the Gibbons E-Discovery Task Force, Mr. Sidoti heads an interdisciplinary group that provides counseling, training, and litigation-related assistance to companies on a full range of information management and e-discovery matters. He is a frequently sought educator and lecturer in both his primary disciplines – clinical laboratory risk and e-discovery/information governance. He practices before the state and federal courts of New York and New Jersey, as well as throughout the United States. He is listed in New York Super Lawyers in the area of business litigation and is AV® Preeminent Peer Review Rated by Martindale-Hubbell.

Areas of Focus

Electronic Discovery

Recognized among the preeminent practitioners in the complex field of e-discovery, Mr. Sidoti and the Gibbons E-Discovery Task Force routinely provide clients with a full range of e-discovery counseling and support. These services include:

    • Decisional law analysis and case discussions: overview of key legal decisions and ramifications
    • Litigation/investigation hold directive counseling (hold triggers, effective communication, compliance)
    • E-Discovery best practices: pre- and post-litigation measures to minimize sanctions potential
    • Vendor affiliations for cost minimization in location, preservation, restoration, review, and production of e-data
    • E-Discovery best practices compliance counseling and assistance
    • Responding party counseling (effective measures for limiting scope of e-document demands and minimizing costs of compliance)
  • Cost-shifting strategies for imposing costs of e-data restoration and production on adversaries

Mr. Sidoti also lectures and publishes on e-discovery and information governance topics on a frequent basis. He is an Adjunct Professor of Law at Seton Hall University School of Law, where he teaches Digital Evidence in Litigation (eDiscovery). He has served on the faculties of the eDiscovery and Digital Evidence Conference at the Sandra Day O’Connor College of Law at Arizona State University and Georgetown University Law Center’s prestigious eDiscovery Training Academy, which received the 2012 Award of Professional Excellence from the Association for Continuing Legal Education (ACLEA). Mr. Sidoti serves on the Board of Editors of Arkfeld on Electronic Discovery and Evidence, the leading treatise on e-discovery, and he is actively involved in numerous standard-setting organizations in the field, including the Defense Research Institute’s (DRI) Electronic Discovery Committee (where he has served as Chair) and; the Sedona Conference Working Groups 1 and 6. Mr. Sidoti was counsel for the plaintiff in the well-known Treppel v. Biovail case, which resulted in several reported decisions recognized as among the most important e-discovery opinions to date.

Information Management Counseling

Mr. Sidoti has worked with numerous corporate clients to prepare or significantly revise IRMPs and provide various training programs. His services have ranged from drafting or modification of Corporate Information & Records Management Policies; counseling regarding specific document retention deadlines, statutes of limitation, and governing regulations; preparation of litigation hold notices to data custodian interviews and preservation plan preparation; data collection planning; preparation for and attendance at Rule 26(f) meet and confer sessions; and data processing and production of ESI in response to discovery requests. Mr. Sidoti has worked with IT professionals in creating and implementing legally defensible mass data remediation plans, including back up tape remediation, and technology implementation that implicates data creation and storage, including integrated VOIP systems.

Laboratory Defense

Mr. Sidoti is the founding member of the Gibbons Laboratory Defense Team, part of the firm’s comprehensive products liability practice. He has defended clinical laboratories and other healthcare providers and institutions in litigation arising out of gynecologic, skin, breast, and other cancers; neurological birth defects; chromosomal abnormalities; blood disorders; genetic testing and diseases; wrongful birth; terminations of pregnancy; and drug abuse. Mr. Sidoti has represented the entire range of laboratory and other healthcare professionals and para-professionals, including pathologists, cytotechnologists, and lab technicians, on behalf of major clinical laboratories and smaller entities, in matters involving the disciplines of cytology, pathology, clinical genetics, and cytogenetics, as well as general laboratory testing in the areas of chemistry, hematology, and toxicology. He has been most involved in the defense of labs in Pap smear (cytology) and cytogenetics litigations, including litigating these matters as national counsel to the largest clinical laboratory in the country, in the state and federal courts of numerous states, including New York, New Jersey, Ohio, Illinois, Missouri, Texas, California, and Arizona. Mr. Sidoti is also a frequent lecturer in the area of medico-legal risk management and other issues in cytopathology, prenatal genetic testing, and other women’s health issues. He has been an invited to lecture around the country, including at the Harvard Medical School Department of Continuing Education.

Website Compliance

Mr. Sidoti also counsels clients with respect to website access and compliance requirements under the ADA and other disability laws, as well as website accommodation litigation. He has extensive experience with the defense of website and mobile app accessibility actions, having defended many large and small companies in the state and federal courts of New York, Pennsylvania, Florida, and California in these matters. He lectures and writes frequently on this subject.

Credentials

Education

Fordham University School of Law (J.D.)

  • International Law Journal, Moot Court Board
    Best Brief Award, William Hughes Mulligan Moot Court Competition

Fordham University (B.S., summa cum laude)

  • Phi Beta Kappa, Phi Beta Phi

Professional Admissions

State of New York

State of New Jersey

United States District Court for the Eastern District of New York

United States District Court for the Southern District of New York

United States District Court for the Northern District of New York

United States District Court for the District of New Jersey

United States District Court for the District of Colorado

United States Court of Appeals for the Third Circuit

United States Court of Appeals for the Second Circuit

Professional Activities

American Bar Association

New Jersey Bar Association

New York Bar Association

Seton Hall University School of Law
Adjunct Professor, Digital Evidence in Litigation (eDiscovery)

Defense Research Institute
Electronic Discovery Committee, Membership Chair – 2006-2008; Vice Chair – 2008-2010; Chair – 2010-2012

American Society for Cytotechnology

Georgetown University School of Law E-Discovery Training Academy
Faculty Member

Gibbons Law Alert blog (www.gibbonslawalert.com)
Editor in Chief

Civic/Charitable Activities

Big Brothers Big Sisters of Long Island
Board of Directors/Presidents Council

Relevant Published Decisions

Broad. Music, Inc. v. 3 Lanza LLC, No. 2:19-cv-2637 (DRH) (AKT), 2021 U.S. Dist. LEXIS 125 (E.D.N.Y. Jan. 4, 2021)

Broad. Music, Inc. v. My Image Studios LLC, No. 19-CV-1264 (VEC), 2020 U.S. Dist. LEXIS 78476 (S.D.N.Y. May 4, 2020)

Belser v. Quest Diagnostics, Inc., No. 3:16-0972-MBS, 2020 U.S. Dist. LEXIS 207217 (D.S.C. Nov. 4, 2020)

Belser v. Quest Diagnostics, No. 3:16-0972-MBS, 2021 U.S. Dist. LEXIS 46235 (D.S.C. Mar. 11, 2021)

A&P v. 380 Yorktown Food Corp., No. 16-cv-5250 (NSR), 2020 U.S. Dist. LEXIS 137151 (S.D.N.Y. July 31, 2020)

Broad. Music, Inc. v. DeJohn’s on Lark, Inc., No. 1:19-CV-637 (FJS/CFH), 2020 U.S. Dist. LEXIS 73262 (N.D.N.Y. Apr. 27, 2020)

Broad. Music Inc. v. Hemingway’s Café, Inc., No. 15-6806 (MLC) (DEA), 2017 U.S. Dist. LEXIS 99969 (D.N.J. June 28, 2017)

Glob. Liquidity Partners, LLC v. Wegher, Civil Action No. 16-2439 (MAS) (LHG), 2016 U.S. Dist. LEXIS 165427 (D.N.J. Nov. 30, 2016)

Dodson v. JRL Music, Inc., 2016 U.S. Dist. LEXIS 189649 (S.D.N.Y. July 11, 2016)

Morrison v. Hoffmann-La Roche, Inc., No. 14-CV-4476 (DLI)(RML), 2016 U.S. Dist. LEXIS 135291 (E.D.N.Y. Sep. 29, 2016)

Ginsberg v. Quest Diagnostics, Inc., Nos. A-53-15 September Term 2015, 076288, 2016 N.J. LEXIS 1155 (Oct. 26, 2016)

Broadcast Music, Inc. v. Living Room Steak House, Inc., 2016 U.S. Dist. LEXIS 23676 (E.D.N.Y. Feb. 2016)

Broadcast Music, Inc. v. Prana Hospitality, Inc.. 2016 U.S. Dist. LEXIS 7270 (E.D.N.Y Jan. 2016)

Ginsberg, et, al. v. Quest Diagnostics Incorporated et al., 29015 N.J.Super. LEXIS 99 (Jun 18, 2015)

Broadcast Music, Inc. v. 760 8th Ave. Rest. Inc., 2015 U.S. Dist. LEXIS 20631 (S.D.N.Y Feb. 2015)

Kawasaki Kisen Kaisha, Ltd. v. Maher Terminals LLC, Civil Action No. 12-6178 (SRC), 2013 U.S. Dist. LEXIS 67432 (D.N.J. May 13, 2013)

Lauria v. Mandalay Corp., No. 07-817 (GEB) (TJB), 2008 U.S. Dist. LEXIS 63149 (D.N.J. Aug. 18, 2008)

Treppel v. Biovail Corporation et al., 249 F.R.D. 111 (S.D.N.Y. Apr. 2, 2008) (“Treppel VII”)

Treppel v. Biovail Corporation, et al., 233 F.R.D. 363 (S.D.N.Y 2006) (“Treppel IV”)

Lopez v. Port Authority of NY & NJ, 28 A.D.3d 430 (2d Dept. 2006)

Michelman v. Ehrlich, 311 N.J. Super 57 (App Div. 1998)

Demenus v. Tinton 35, Inc., 873 F.2d 50 (3d Cir. 1989)