Mark A. Trokan
- Commercial Litigation
- Professional Liability Defense
- Product & General Liability
- Real Estate
- Trucking & Transportation
- Franchise Law
Mark A. Trokan is an experienced trial lawyer and partner in the firm’s New Jersey and New York offices. He defends a wide variety of clients, including Fortune 500 corporations, closely held businesses, professionals, franchisors, landlords, tenants, insurance companies, and individuals, before federal and state trial and appellate courts, administrative and regulatory agencies, and alternative dispute resolution panels. He is skilled in all phases of discovery, motion practice, alternative dispute resolution, trial and appellate practice. Mr. Trokan has successfully tried cases in the state courts of New Jersey and New York and is regularly admitted pro hac vice in jurisdictions throughout the country to meet the needs of clients.
Mr. Trokan represents clients in the real estate and construction industries, property maintenance and cleaning industries, healthcare and consumer data industries, inland transportation and logistics industries, retailers and product manufacturers, handling a wide range of complex disputes, often involving claims arising from and related to commercial practices, errors and omissions liability, directors and officers’ liability, premises liability, breach of contract, negligence, fraud, false advertising and consumer protection statutes. Additionally, he has conducted internal investigations for corporate clients both in anticipation of litigation and for the purpose of regulatory and governmental compliance. Mr. Trokan approaches every case with a focus on the objectives of the client. He develops successful litigation and settlement strategies that are not only cost effective but sensitive to the needs of his clients’ business goals.
Upon the completion of law school, Mr. Trokan served as a law clerk to the Hon. William R. DeLorenzo, Jr., J.S.C. in the Superior Court of New Jersey, Bergen County, and is a former member of the Justice Morris Pashman Inn of Court.
Mr. Trokan is a member of the Defense Research Institute (DRI), the New Jersey State Bar Association, and Union County Bar Association. He is also a volunteer attorney affiliated with Partners for Women and Justice in Montclair, New Jersey, an organization dedicated to providing pro bono legal services to domestic violence victims.
New Jersey Superior Court- Personal Injury Litigation- Successfully defended a national construction and real estate leasing company against claims arising from a construction site accident resulting in personal injuries to a third party worker that included severe spinal injuries, requiring multi-level fusion surgery, and damages claimed to be in excess of $3 million.
United States District Court, District Court of New Jersey- Commercial Litigation- Successfully defended a Pennsylvania company in the business of conducting and selling consumer background checks against claims of negligence and violation of the Fair Credit Reporting Act (FCRA) as a result of having allegedly inaccurately reported the criminal record of the plaintiff to a prospective employer. Plaintiff sought compensatory damages of not less than $150,000, unspecified punitive damages, and attorneys’ fees as authorized under the FCRA. Negotiated a favorable settlement after developing evidence that reduced the actual compensatory damages and eliminated the potential for an award of punitive damages.
New York Supreme Court- Personal Injury Litigation- Successfully defended an elevator inspection company that was alleged to have negligently inspected the belt man-lift on which plaintiff was injured while riding during the course of his employment. Plaintiff sustained, among other injuries from the accident, a severe traumatic brain injury and spinal fractures resulting in fusion surgery and sought to recover damages in excess of $9.75 million.
Pre-litigation Matter- New York State Commercial Real Estate- Provided counsel and advice to national retailer client in connection with alleged breach of a restrictive covenant in its commercial real estate lease. Developed a successful conflict resolution strategy with landlord and adverse tenants that avoided formal litigation and resulted in minimal impact on the business goals of the client.
New Jersey Superior Court- Personal Injury Litigation- Successfully defended a national cleaning and facility maintenance company in a personal injury action in which plaintiff claimed to have sustained injury when she slipped and fell in a grocery store. Obtained summary judgment on behalf of the client, dismissing all of plaintiff’s claims, and secured an award and judgment against the co-defendant subcontractor for defense and indemnification, requiring the subcontractor to reimburse the client 100% of its legal expenses.
New York Supreme Court- Insurance Auto Liability Litigation- Successfully defended an insurance carrier against a claim for coverage arising from an automobile accident. Client was dismissed from the case after the conclusion of a one day bench trial conducted to determine the appropriate carrier responsible for the insured’s loss.
Pre-Litigation Matter- Internal Corporate Investigation- Assisted national retailer with an internal investigation of its policies and staffing procedures after customer was sexually assaulted by a vagrant in the store’s dressing rooms.
New Jersey Superior Court- Domestic Violence Trial- Represented, pro bono, a victim of domestic violence in a three day bench trial for the purpose of obtaining a final restraining order against her former boyfriend. The victim sought a FRO after her boyfriend, while wearing a mask, kicked in her front door, threw her to the ground, punched her repeatedly in the face, and choked her while threatening to kill her.
Pre-Litigation Dispute- Construction Litigation- Represented a specialty lighting design firm in a pre-litigation dispute in which the commercial property owner, and global architect company-general contractor, asserted the client failed to properly design the interior lighting layout for an office building renovation, resulting in damages in excess of $1.6 million. After mediation and several months of subsequent negotiations, successfully resolved the dispute, without formal litigation, on terms favorable to the client, accounting for and sensitive to the client’s continuing business relationships with the other parties.
United States District Court, District of New Jersey
United States District Court, Eastern and Southern Districts of New York
Association for Unmanned Vehicle Systems (Drones)
New Jersey State Bar Association
Union County New Jersey Bar Association
Defense Research Institute
Justice Morris Pashman Inn of Court (former member)
Partners for Women and Justice in Montclair, New Jersey
J.D., Seton Hall University School of Law, 2003
B.A., History, University of Maryland, 1998