Mark Foster represents public companies — and their officers and directors — in securities fraud class actions, shareholder derivative lawsuits, and shareholder demands and related investigations, among other matters.
Utilizing his extensive knowledge of both federal and state securities laws — including the Securities Act of 1933, the Securities Exchange Act of 1934, the Private Securities Litigation Reform Act, the Securities Litigation Uniform Standards Act, the California Compensation Code and Delaware corporate law — Foster frequently defends clients against investor lawsuits. He also represents companies and their directors and officers in defending against breach of fiduciary duty and insider trading allegations, and counsels on disclosure issues, including those related to adverse events and corporate governance issues.
Lawdragon Honors
| Honor | Year | Practice |
|---|---|---|
| The 2026 Lawdragon 500 Leading Global Litigators | 2026 | Securities Litigation |
| The 2026 Lawdragon 500 Leading Lawyers in America | 2026 | Securities Litigation |
| The 2026 Lawdragon 500 Leading Litigators in America | 2026 | Securities Litigation, Class Actions |
| The 2025 Lawdragon 500 Leading Litigators in America | 2025 | Securities Fraud Class Actions, Shareholder Litigation |
Foster has represented a wide variety of clients — ranging from Fortune 100 companies to startups — in numerous sectors, such as life sciences, retail, manufacturing and technology (including cleantech). He also has advised boards of directors in connection with demands for action and investigations, as well as books and records requests. Foster has successfully counseled clients across all stages of litigation, including securing victories at pretrial, prevailing on the merits at trial and preserving victories on appeal, often introducing arguments and obtaining successful rulings that have broken new legal ground, including:
- the incorporation condition adopted by the Delaware Court of Chancery, which allows parties that produce documents pursuant to inspection demands to use those documents in a motion to dismiss, as if incorporated by reference in the complaint
- the Ninth Circuit’s rejection of an implied right of action for a violation of the Investment Company Act in connection with an alleged violation of an exemption
- a recent grant of certiorari by the U.S. Supreme Court to decide whether the Private Securities Litigation Reform Act’s stay of discovery pending a motion to dismiss applies in state courts