Mark H. Rosenberg

Mark Rosenberg specializes in the defense of complicated insurance practice and bad faith disputes. He frequently advises insurance clients regarding business practices and regulatory developments. Mr. Rosenberg is experienced in litigating class certification issues, and has taken a primary role in drafting successful motions in opposition to class certification. He has prepared amicus briefs representing the interests of the insurance industry in significant appellate matters.

Mr. Rosenberg served as an articles editor on the Notre Dame Law Review. He has written numerous articles regarding topics such as insurance bad faith, antitrust law, computer animation evidence and class action law. A frequent contributor to For the Defense and Metropolitan Corporate Counsel, Mr. Rosenberg has also assisted the Lawyers for Civil Justice in preparing comments to the Civil Rules Advisory Committee of the United States Judicial Conference regarding proposed revisions to the Federal Rules of Civil Procedure concerning electronic discovery.

Professional Associations and Memberships:

• American Bar Association
• Montgomery County Bar Association
• Pennsylvania Bar Association

Published Works:

A Retrospective of 2010 Product Recall and Food Contamination Coverage Decisions, Mealey’s Personal Injury Report, Co-Author, January 10, 2011

U. S. Supreme Court: FRCP 23 Trumps State Law Limits on Class Action Practice, New York State Bar Association, Spring/Summer Vol. 31, No. 2, 2010

Extra-Contractual Litigation Against Insurers, Law Journal Press/ALM, Released September, 2009

Aftermarket Parting Sorrows: Will Smith v. American Family Verdict Trash Avery?, Claims Magazine, August, 2009

After the Storm: Courts Grapple with the Insurance Coverage Issues Resulting from Hurricane Katrina, ABA's Tort Trial & Insurance Practice Law Journal, Winter, 2008

A Matter of Interpretation: How Courts Have Applied the Electronic Discovery Amendments to the Federal Rules of Civil Procedure, The Legal Intelligencer, Feb. 4, 2008

State Court Rulemaking: The Next Phase in Electronic Discovery, Thompson West, October, 2007

Setting the Standard: The Next Phase of Electronic Discovery Rulemaking, PA Law Weekly, June 11, 2007

Using the Primary Insurance Doctrine in Insurance Litigation, The Brief, Vol. 36, No.4, Summer, 2007

The Two Top Non-Decisions of 2006, The Legal Intelligencer, Feb. 19, 2007

A Duty Everlasting: The Perils of Applying Traditional Doctrines of Spoliation to Electronic Discovery, Richmond Journal of Law and Technology, Vol. 12, No.3, Spring, 2006

Treading Carefully?: The Illinois Supreme Court Enters the Class Action Debate in Avery v. State Farm, American Bar Association Class Actions and Derivative Suits, Vol. 15, No. 4, Fall, 2005

Preemption of Bad Faith Claims by ERISA, For the Defense, Vol. 46, No. 5, May, 2004

The Insurance Carrier as Fiduciary, Federation of Defense & Corporate Counsel, January, 2004

Erosion of the Antitrust Exemption for Insurers, For the Defense, Vol. 45, No. 5, 2003

Animation Evidence in the New Millennium Courtroom, For the Defense, Vol. 44, No. 3, March, 2002