Mark R. Vespole Partner




Mark Vespole is a trial lawyer who also counsels and represents financial institutions, insurers and corporations and their employees in high-profile cases. He draws on Wilson Elser’s deep resources and national footprint to handle large, multijurisdictional and complex cases expeditiously and cost effectively. Mark combines sophisticated legal strategies with the firm’s professional support to handle large-scale document processing and its technology resources to streamline communications and facilitate case management.

Working in close relationships with large carriers, Mark evokes the integrated “team” approach across Wilson Elser to advance business objectives. He draws on the collective experience and resources of the entire firm to realize desired legal outcomes. He is committed to resolving claims quickly and efficiently, accessing centralized resources and firmwide talent. This type of collaboration frequently provides innovative and cost-effective resolutions to the most complex legal issues.

Mark is frequently invited to author books, articles and expert commentaries and give presentations on issues relating to securities, insurance coverage and defense, professional liability and trial practice and significant cases pending in courts around the country, including the United States Supreme Court. He has authored or co-authored the Lexis-Nexis Practice Guides on New Jersey Civil Discovery (2007−2017 Editions), New Jersey Pretrial Practice (2007−2017 Editions), New Jersey Insurance Litigation (2008−2017 Editions), New Jersey Trial, Post-Trial and Appellate Proceedings (2007-2017 Editions, Chapter on Expert Witnesses), and the Lexis-Nexis Practice Guide on New Jersey Construction Litigation (published in mid-2016). Mark also has authored numerous expert commentaries on a wide variety of products liability, insurance and trial practice issues in decisions by the United States Supreme Court and state and federal courts around the country.

Areas of Focus

Insurance Coverage & Defense
Mark has handled and tried cases involving insurance coverage and insurance defense matters arising out of a variety of exclusions, policy language and exposures relating to CGL, EPLI, professional liability, first-party property, personal lines and D&O insurance policies. His coverage experience ranges from rescission and reformation to exclusions, conditions and other policy language found in various kinds of standard and surplus lines CGL and professional liability insurance agreements. Mark's defense practice has included representing lawyers, accountants, architects, engineers, insurance brokers, miscellaneous professionals, product manufacturers, contractors, commercial property owners and homeowners.

Commercial Litigation
Mark handles and tries cases seeking temporary or permanent injunctions for the alleged breach of non-compete clauses and non-solicitation provisions of employment agreements, the theft of confidential and proprietary trade secrets, and the defense of cases and arbitrations involving allegations of corporate raiding. He also represents businesses in construction accident and construction defect litigation; professional liability, including architects, engineers, lawyers, accountants and miscellaneous professionals; directors and officers liability; FINRA and SEC compliance; customer and industry securities arbitrations; insurance coverage, bad faith and rescission actions; product liability; business torts; toxic tort; and general negligence defense litigation, as well as mediation and arbitration.

Mark has experience defending employment matters in New Jersey based on age, sex, sexual orientation, disability, race and national origin discrimination. He also handles whistleblower cases under New Jersey’s Conscientious Employee’s Protection Act. Mark is experienced in cases under the Fair Labor Standards Act and state and federal family medical leave statutes.

Representative Matters

Obtained defense verdict in favor of real estate developer against claims of negligence, professional liability and consumer fraud.

Successfully prosecuted and defended claims of construction defect and professional liability in a variety of construction defect and structure cases.

Advises financial services companies and other clients on restrictive covenants, non-compete agreements, fiduciary duties, privacy issues, directors and officers and professional liability, trade secrets and related issues.

Successfully prosecuted and defended corporate raiding and unfair competition cases in court and before FINRA in multiple jurisdictions through trial and appeal.

Successfully defended professional liability lawsuits in numerous jurisdictions within the continental United States through trial and appeal.

Successfully defended directors and officers of private and nonprofit corporations through trial and appeal.

Successfully defended numerous insurance companies in various jurisdictions for claims of bad faith through trial and appeal.

Successfully defended employers in various discrimination and whistleblower lawsuits through trial and appeal.