Mark focuses on complex commercial cases, including the defense of class actions. He has served as lead counsel on four $5M+ class actions filed in North Carolina federal courts since 2016, each of which was resolved successfully. Mark litigates and arbitrates cases involving construction, real estate, fraud, unfair trade practices, class actions, non-compete, non-solicit and non-disclosure agreements, and breach of contract. Mark has served as first chair in more than nine jury trials, five of which lasted a week or longer. He has won cases before the Fourth Circuit Court of Appeals and the North Carolina Supreme Court. Mark is also a trained mediator and AAA Arbitrator.
Mark has spent more than 30 years understanding client needs and developing a comprehensive strategy to win the case. Through his organized, engaging presentation, he explains even the most complex or technical factual patterns to mediators, arbitrators, judges or juries. Mark understands the needs of today’s in-house counsel and regularly discusses them on his podcast, In-house Roundhouse.
Having served as a member of the Sedona Conference (WG1-E-Discovery, WG6-International Electronic Information Management, & WG11-Data Security and Privacy Liability), the Association of Certified E-Discovery Specialists (ACEDS) and the firm’s BullDox: Documents & E-Discovery Review Team, Henriques understands the complex legal and cost issues arising in e-discovery, litigation holds and ESI collection, processing, review and production. Mark’s combination of trial and e-discovery experience make him a frequent choice to serve as local counsel to clients around the world.
Mark is trusted by his peers and serves as an elected member of Womble’s Firm Management Committee. Mark is also Chair of the Editorial Board and Co-Chair of the COVID-19 Task Force.
Representative Experience
Any result the lawyer or law firm may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients.
- Had North Carolina Legislature resolve a class action against landlords and then convinced the Fourth Circuit the legislation was constitutional.
- Obtained TRO, preliminary injunction and jury verdict for Mid-America Apartments, Inc., one of the largest multi-family developers in the country.
- Won jury verdict and attorneys' fees for Zillow, NexTag, and Adchemy after month-long trial as local counsel in one of the largest patent cases ever tried in North Carolina.
- Obtained dismissal in two large and complex class actions.
- Won arbitration award for the world's largest gelatin manufacturer in a multimillion-dollar dispute over construction of manufacturing facility.
- Helped UK company defend more than 20 lien claims when general contractor of US facility became insolvent and failed to pay subcontractors. In six months, all claims were successfully negotiated, and no litigation was filed.
- Represented soft drink brand in a multimillion-dollar dispute with a canning cooperative concerning shareholder rights.
Professional & Civic Engagement
- Elected Councilor, North Carolina State Bar, served on Ethics Committee, Grievance Committee, Executive Committee, Issues Committee, Unauthorized Practice Committee, Appointments Advisory Committee (2013-2021)
- North Carolina Bar Association, Litigation Section, Education Law Section, Construction Section, Judicial Independence Committee (2009-2019)
- Arbitrator, American Arbitration Association, Commercial and Consumer Panels
- Certified Mediator, North Carolina Dispute Resolution Commission
- Member, AAA-ICDR Innovation & Technology Committee, with a focus on AI
- Mecklenburg County Precinct 212, Chief Judge (2001-2021)
- Certified Member, Association of Certified E-Discovery Specialists (2011-2016)
- Member, North Carolina Council of School Attorneys (2005 – 2018)
- DreamOn3 - pro bono counsel (2015-2018)
- Legal Services of Southern Piedmont, Board Member (2007-2011) (Treasurer 2010-2011)
- Legal Services for the Elderly, President and Chairman of the Board (2003-2007)
- United Way, Older Adult Wellness and Disabilities Council, Chair (2004-2007)
- Charlotte Museum of History, Trustee (2004-2013) (President 2009-2010)
Thought Leadership
Publications
- “Protect Your Company From Claims of Greenwashing,” Directors & Boards, April 4, 2023
- “A Thin Coat is Worse than None at All: The Increasing Threat of Greenwashing Litigation,” Corporate Counsel, January 9, 2023
- “Information Technology Litigation,” Business and Commercial Litigation in Federal Courts (5th Ed.), 2022
- “No Good Deed Goes Unpunished: Growing ESG Litigation Risks.” National Law Review, June 9, 2021
- "Push the Pause Button? Contracts and COVID-19," ABA Business Law Today, April 2020
- Moderator, Elliott Davis’ 2019 Manufacturing and Distribution Symposium, December 2019
- Fourth Circuit Review Advisory Board, Commercial Law
- E-Discovery:
- “Duty to Preserve Documents Arises before Lawsuit is Filed,” National Law Review
- “Purging the Cloud: Data Destruction in the Age of Cloud Computing”
- “Cloud Computing and Jurisdiction”
- Co-author, "When Projects Fail: A Milestone Model for Allocating Development Costs," North Carolina Bar Association E-Newsletter, The Litigator: The Official Publication of the Litigation Section, Volume 27, Number 1, October 2006
- “Desuetude and Declaratory Judgment: A New Attack on Obsolete Laws,” Virginia Law Review, August 1990
Presentations
- Winning Contract Disputes
- Drafting Document Retention Policies
- COVID-19 and Contracts
- Artificial Intelligence and the Law
- Managing Legal Spend
- Class Action Basics
- Data Breach Response Planning
- Real Estate Litigation from Start to Finish
- Construction Lawsuit Basics
- Protecting Work Product in the Age of Electronic Discovery
- Best Practices to Avoid Being Deposed Winning Contract Disputes: Tips for Drafting, Negotiating and Litigating Contracts
- What Civil Court Judges Want you to Know
- Data Management, Records Retention, Destruction Considerations and Legal Holds
- E-Discovery and Document Retention for School Attorneys
- Making your Electronic Evidence Usable in the Courtroom
- Handling Social Media, Email, Video and other Electronically Stored Information
- Lecturer, “E-Discovery and the Cloud, UNCC Cloud Computing Symposium”
- Teachers and Social Network Sites: The Importance of Implementing an Effective Social Networking Policy
- Social Networking – Permissible Restriction on Employee Speech in Cyberspace
- Discovery and Social Networking Sites
- Managing Costs and Risks in E-Discovery
Honors & Awards
- Recognized in The Best Lawyers in America (BL Rankings), Commercial Litigation, Education Law, Litigation – Construction, 2013 – Present
- Recognized in North Carolina Super Lawyers (Thompson Reuters) (2019 - Present)
- Martindale-Hubbell Law Directory (AV rating)
- North Carolina Pro Bono Honor Roll
