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VERSION:2.1
X-GWTYPE:USER
UID:dmhperson1420
FN:Wayne A. Mack
TEL;WORK:+1 215 979 1152
TEL;TYPE=WORK,FAX:+1 215 689 3595
EMAIL;WORK;PREF:WAMack@duanemorris.com
N:Mack, Wayne A.
TITLE:Partner
ORG:Duane Morris LLP
ADR;INTL;WORK;PARCEL;POSTAL:;;Duane Morris LLP | 30 South 17th Street | Philadelphia, PA  19103-4196 | USA | 
URL;WORK:http://www.duanemorris.com
NOTE;ENCODING=QUOTED-PRINTABLE: Wayne A. Mack is co-head of the Commercial, Securities and Antitrust division of Duane Morris' Trial Practice Group. The  Commercial, Securities and Antitrust Litigation Division is the largest division in Diane Morris' Trial Practice Group with more than 125 attorneys.  Mr. Mack is also a member of the firm's  governing Partners Board and chair of the firm's Professional Standards Committee that is responsible for the process whereby associates are admitted to the firm’s partnership.

Mr. Mack regularly counsels and represents public and private businesses and their owners, officers and directors in negotiations, mediation and litigation involving commercial law matters.  His practice includes the following areas:


Antitrust and Competition. Mr. Mack provides advice to manufacturers, suppliers, distributors, hospitals, healthcare providers and other service providers regarding the antitrust aspects of product distribution and pricing, resale price maintenance plans,  promotional programs and rebates, differential pricing, as well as joint ventures, competitor collaboration, and other types of transactions.  He also  represents clients in federal court and before government agencies, including the Federal Trade Commission, on issues involving trade regulation, predatory and discriminatory pricing, price-fixing, monopolization and unfair competition claims.  He is identified as one of the leading antitrust lawyers in Pennsylvania in Chambers USA: America's Leading Lawyers for Business. The Guide states that clients were impressed by his "presence in the courtroom" and his "thorough due diligence and his opinions" on antitrust law. Mr. Mack also has consistently recognized as a Pennsylvania Super Lawyer in the antitrust field and in 2008 was named as one of the top 10 outstanding healthcare antitrust lawyers in the United States.  

Trademark Protection and Anti-Counterfeiting. Mr. Mack assists brand owners in working cooperatively to implement trademark protection and anti-counterfeiting programs. He is counsel to the U.S. Golf Manufacturers Anti-Counterfeiting Working Group, which consists of the world's leading golf manufacturers. He supervises that group's efforts to investigate and prosecute those involved with distributing counterfeit products in China in the online marketplace. 

Franchising and Distribution. Mr. Mack regularly represents franchise owners and dealerships, franchisors, franchise system cooperatives and franchise associations in a wide range of industries. He has negotiated system franchise agreements and other contracts and litigated and negotiated settlements of major antitrust and class action disputes affecting franchise systems. He has been involved in some of the most important franchise and dealership cases in the country, including class action cases involving franchise advertising funds and the pricing of products sold to franchisees. He has also successfully represented franchisees and dealers in cases involving co-branding, dual distribution and encroachment. He has appeared on national television discussing franchising issues and cases that he has handled have been the subject of articles in The National Law Journal, Wall Street Journal, USAToday, The Washington Post, Business Week, Financial Times, Barron's, Franchise Times and The American Lawyer.

Securities and Financial Transactions. Mr. Mack represents public companies and their officers and directors, as well as underwriters, law firms, financial institutions, accountants and other professionals in misrepresentation and negligence cases relating to securities issuances, loan agreements and other types of financial transactions. He has obtained court orders dismissing securities claims on the pleadings as well as summary judgment orders in favor of his clients in cases involving allegations that misrepresentations and omissions were made in connection with public and private securities offerings.

Class Actions. Mr. Mack has successfully represented clients in numerous class action lawsuits alleging a wide range of legal theories — including violations of consumer protection statutes, securities fraud, antitrust, RICO and tort claims — in state and federal courts for clients in many industries. He has handled all phases of class action litigation, including pre-certification hearing discovery, class certification motions and hearings, interlocutory appeals of certification rulings, summary judgment practice, class action trials and also negotiated favorable settlements and obtained court approval of class settlements.

Contracts. Mr. Mack counsels businesses and their owners in drafting and negotiating asset and stock purchase and distribution and sales agreements and regarding the Uniform Commercial Code.   He also represents clients in negotiating, litigating and resolving contractual disputes.  He has handled cases involving agreements with non-compete, non-disclosure, exclusive dealing, appraisal rights and earn-out provisions.  He has also represented shareholders and partners in disputes over the management and valuation of closely-held corporations and partnerships.  He has obtained multi-million dollar verdicts and settlements for clients in contract disputes and also successfully defended clients facing breach of contract claims. 

Constitutional Law. Mr. Mack advises media and other clients regarding defamation and libel claims. He has represented clients before the United States Supreme Court and the Pennsylvania Supreme Court in cases involving the First Amendment right to free speech. He also counsels clients regarding other constitutional issues, including the export, commerce and takings clauses.



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