Mark K. Silver

New Jersey

Schenck, Price, Smith & King LLP
220 Park Avenue
Florham Park
New Jersey 07932

Tel: 973-798-4950

Email: mks@spsk.com
Web: www.spsk.com

Mark Silver’s practice spans a wide variety of legal concentrations. He regularly handles matters involving the following practice areas: products liability, commercial litigation, premises liability, pharmaceutical litigation, employment litigation, title insurance litigation, securities litigation, white collar criminal matters and trusts and estate litigation.

Over the past decade, Mark has defended several major pharmaceutical manufacturers in a variety of legal arenas, including the defense of mass tort claims and class actions in multi-district federal litigation. Most recently Mark served as local MDL counsel and as lead New Jersey Counsel for a supplier of raw materials in a mass tort litigation pending in Courts throughout the country.

Additionally, he has represented several preeminent hotel chains and restaurateurs in premises liability and health code litigation. Mark has successfully defended several significant product liability actions including the defense of a large industrial machinery manufacturer against a claim that its product was defectively designed. His experience in product liability litigation led Mark to be selected as a contributing editor to the Product Liability Desk Referencea Fifty-State Compendium, published annually by Aspen Law & Business (2001-2004).

Mark has argued cases before courts at both the trial and appellate level. He has successfully tried cases in New Jersey Superior Court, the District of New Jersey, the Eastern District of New York, and Tax Court.

At the appellate level, Mark has successfully appealed cases to the United States Court of Appeals for the Second Circuit, United States Court of Appeals for the Third Circuit, the New Jersey Superior Court, Appellate Division, and to the New Jersey Supreme Court as an amicus curiae in State v. Edmonds 211 N.J. 117 (2012).

Mark was previously recognized by the New Jersey Law Journal as a “Rising Star” (2009-2015) and as a “New Leader of the Bar”(previously known as “40 under 40”)(2013). After graduating magna cum laude from Syracuse University with a Juris Doctorate and a Master’s Degree in Communications, Mark began his legal career serving as a law clerk to the Honorable Joyce E. Munkacsi and the Honorable Deborah J. Venezia in the Criminal Division of the Superior Court of New Jersey.

In addition to his current practice, Mark is an adjunct professor at Farleigh Dickson University where he teaches on “The Law in Television and Film”.  The course focuses on the media’s depiction of lawyers and the influence of that depiction on jurors and the public.

Education
  • Syracuse University College of Law, J.D. and M.A., magna cum laude, 2000
    • 1999 Regional Champion, 1999/2000 ATLA Trial Team
    • Member of Syracuse Chapter, 1999 TYLA/ABA National Trial Team
    • Member of Executive Board, Moot Court Honor Society
    • Invitee, Journal of International Law and Commerce
    • Member, Order of the Coif
  • The George Washington University, B.A., 1996
Admissions
  • New Jersey, 2000
  • New York, 2006
  • Pennsylvania, 2000
  • United States Supreme Court, 2011
  • United States Tax Court, 2011
  • United States Court of Appeals, Second Circuit, 2009
  • United States Court of Appeals for the Third Circuit, 2006
  • United States District Court for the District of New Jersey, 2000
  • United States District Court, Eastern District of New York, 2006
  • United States District Court, Southern District of New York, 2006
  • United States District Court for the Eastern District of Pennsylvania, 2001
  • United States District Court for the Middle District of Pennsylvania, 2008
  • Panel member, “Are We Still the Good Guys? A Discussion of How to Combat a Jury’s Desire to Award Punitive Damages,” 2022 Midyear Meeting of the International Association of Defense Counsel, February 22, 2022
  • Adjunct Professor, “Law in Television and Film,” Fairleigh Dickinson University, Spring semester 2022
  • Lawyers, Corporations, and Ethics: A Look at Television’s Portrayal of the Practice of Law (2021)
  • Presenter, “The Court’s Role as Gatekeeper”, NJSBA/NJICLE Mass Torts Seminar (2021)
  • Presenter, “You’ve Been Served – The Things You Need to Do Immediately and the Things You Should Have Already Done, ” CLE
  • Contributing Editor, Product Liability Desk Reference, a Fifty-State Compendium, published annually by Aspen Law & Business (2001-2004)

Clients rely on Schenck Price’s many decades of experience aggressively representing product manufacturers in federal and state courts, at the trial and appellate levels.  Electrolux, Fisher-Price, Michelin, Sherwin-Williams, Amana, Ariens and Cavagna Group are among the major manufacturers who have benefitted from our services.

We have also represented other product defendants on behalf of a variety of insurance carriers, including Liberty Mutual, Pennsylvania Lumbermens Mutual, The Hartford, Cigna and Selective.

At Schenck Price, we have found that the best way to defend manufacturers is to learn their business. Understanding how a product is designed to work helps us to better defend the client. We accomplish this by becoming active members of relevant trade associations, visiting plants or home offices, reading applicable trade publications and being aware of manufacturing trends and developments.

Our policy is to keep the client personally involved and fully informed as each case progresses. We consult them before making any major decisions regarding defense strategies, selection of experts, the scope of discovery and investigation, settlement posture and other key strategic issues. We also help our clients devise strategies to prevent litigation in the first place.

Our Products Liability team includes senior trial lawyers with many years’ experience trying cases, and younger lawyers who capably defend less substantial cases under the supervision of a partner, at lower hourly rates. We staff each case depending on the size and scope of the particular suit.

Over the years, our clients have included manufacturers, distributors and retailers in sectors including construction and building supplies, appliances, office equipment, outdoor power equipment, HVAC, drugs and medical devices, chemicals, propane, energy and consumer products.

Schenck, Price, Smith & King is a full-service law firm with offices in Northern New Jersey and Manhattan, serving closely held, growing companies. For more than 100 years, Schenck Price has represented commercial businesses, individuals, public institutions and charitable organizations with excellence and integrity. We are proud that, in addition to their expertise and experience as legal practitioners, our attorneys have served in positions of leadership in public institutions, as well as community and charitable organizations.

Founded in 1912 as a two-person law firm in Morristown, Schenck Price has entered its second century of service as a firm of 80+ attorneys, serving virtually all legal needs of businesses and individuals. Our Firm’s long history of legal excellence in the areas of health care, education, construction, trust and estate planning, corporate law, real estate, insurance defense, banking and commercial litigation, has expanded as the Firm has grown. Our areas of practice also include telecommunications, technology, environmental law, corporate governance, and labor and employment law. Many of our attorneys have been recognized as leaders in their respective practice areas.