Mark Poe

Mark Poe

Summary

Mark Poe co-founded Gaw | Poe LLP and has been practicing law since graduating in 2002 from Stanford Law School with his co-founder Randolph Gaw. During his time with the firm, he has been the first-chair of nine different trials or arbitrations, and has obtained verdicts, judgments, or arbitration awards in those matters valued at approximately $70 million. He has also been appellate counsel of record on multiple appeals and has argued before the Ninth Circuit Court of Appeals (on three occasions), the Fourth Circuit Court of Appeals, and the California Court of
Appeal.

Mr. Poe is recognized as one of the leading practitioners of the federal antitrust law known as the Robinson-Patman Act, which prohibits manufacturers from engaging in price discrimination on commodities. He is regularly invited to give presentations on this topic, including to the Federal Trade Commission. Mr. Poe has been recognized as a Super Lawyer™ for Northern California for 2020-24 by Super Lawyers magazine.

Prior his time with Gaw | Poe LLP, Mr. Poe served a one-year clerkship with the Honorable Richard R. Clifton of the United States Court of Appeals for the Ninth Circuit, sitting in Honolulu, Hawaii. He also practiced for nine years between international law firm Morrison & Foerster LLP and environmental law firm Earthjustice.

While at Stanford Law School, Mr. Poe was an Executive Editor of the Stanford Law Review and graduated with distinction. Mr. Poe earned his undergraduate degree from Utah State University, graduating as the university’s Scholar of the Year. Mr. Poe was also a Fulbright Scholar and is proficient in Japanese.

Education

Professional Activities

Representative Engagements

• Trendsettah USA v. Swisher International (C.D. Cal.). Lead trial counsel in Sherman Act Section 2 jury trial against world’s largest cigar manufacturer. Unanimous jury awarded our client $44.4 million in trebled antitrust damages.
• L.A. International Corp. v. Prestige Int’l (C.D. Cal). Lead trial counsel in Robinson-Patman Act jury trial against the maker of the Clear Eyes eye drop product. Unanimous jury awarded our clients over $1 million in trebled antitrust damages. This was the first jury verdict in favor of a plaintiff under the RPA in approximately 20 years.
• Barranco v. 3D Systems, Inc. (AAA Arbitration). Lead trial counsel in arbitration against 3D Systems, Inc., the world’s leading manufacturer and developer of 3D printing technology. Obtained $11.3 million award on behalf of an entrepreneur who had sold his startup business to 3D Systems, only to be cheated out of his contractual earnout rights.
• Tierney v. Javaid (S.F. Sup.). Lead trial counsel in jury trial over ownership of $30 million commercial property in San Francisco. Won on all counts, including award of post-trial attorney fees and expenses to client.