Mark E. Tully

Mark Tully, a partner in Goodwin’s Complex Litigation and Dispute Resolution group and Mobility + Non-Competes group, has extensive experience in matters involving general business litigation, employee mobility disputes and trade secret litigation. Mark served for several years as the firm’s Litigation Department chair and was responsible for leading Goodwin’s litigation strategy, the department’s growth and client relations. He is a former member of Goodwin’s Executive, Management, and Allocations Committees.

Mark has been lead trial counsel in numerous disputes in a wide range of industries, including those involving trade secrets, business interference, and unlawful competition claims. In addition to his jury and non-jury trial experience in both personal injury and commercial cases, Mark has participated in numerous court-ordered and privately arranged mediations and arbitrations, and he has served as a court-appointed mediator.

Mark’s representative matters, trials and significant reported decisions include:

• 1000 Boylston Street Litigation. Mark represented prominent real estate developer Stephen Weiner and affiliated entities in litigation against construction magnate John Fish and Suffolk Construction regarding the failed attempt to develop a billion dollar luxury condominium and retail project in Boston’s Back Bay area spanning the Massachusetts Turnpike. The matter was successfully resolved after years of pandemic-era litigation.
• Rose Park Advisors. Mark is leading a team in litigation by a former employee of a highly successful investment fund complex who is claiming substantial carry interests. Successful motion to dismiss efforts have narrowed the case significantly and the Court has ruled that the former employee spoliated evidence which will support an adverse inference should the case go to trial.
• New Balance/Commercial Litigation. Mark regularly serves as trial counsel for New Balance. Most recently he prevailed in an international arbitration against a Peruvian distributor based upon multiple contract disputes. New Balance w.s awarded all of its claimed damages and its attorneys’ fees.
• Teva Pharmaceuticals/Propofol Litigation. Mark served as lead trial counsel for Teva, one of the largest generic drug manufacturers in the world, in several thousand product liability actions in Las Vegas, Nevada. This mass tort litigation arises out of a Hepatitis C outbreak allegedly caused in part by the misuse of Teva’s generic, injectable anesthesia drug, Propofol. Mark has conducted multiple trials and briefed and argued hundreds of motions in Teva’s defense of these actions, which raise novel issues concerning whether a generic drug manufacturer can be held liable under various state law theories relating to design defect, failure to warn and implied warranties, issues which are being litigated in state and federal courts throughout the country as well as before the United States Supreme Court
• HRH/Kinlock. Mark successfully represented a major insurance brokerage firm against a competitor that attempted to hire over 20 of its brokers and “lift out” tens of millions of dollars in customer contracts. In a case that went to trial within three months of the initial complaint, Mark successfully enjoined the competitor from hiring any of the employees or servicing or soliciting any of the customers, effectively putting the competitor out of business
• Nuance Communications, Inc./Employment and Business Litigation. Prior to its acquisition by Microsoft, Mark regularly represented Nuance Communications, a leading speech recognition and imaging technologies company, in an array of litigation matters ranging from employee noncompetition and nonsolicitation to commercial contract disputes. Mark has successfully prosecuted and defended such claims throughout the country
• BlueShift Technologies, Inc. Mark represents BlueShift Technologies, Inc. (BlueShift) in a trade secret and noncompete case in the Business Law Section of the Suffolk Superior Court.  The case tried to a jury verdict, resulting in a total victory for our client. The jury returned a verdict in favor of BlueShift and its founder, Peter van der Meulen, ruling that there had been no trade secret misappropriation or breach of any noncompete or other contractual provisions. In addition the jury ruled in favor of BlueShift on its intentional interference with contract claim. The court also ruled in favor of BlueShift on its Chapter 93A claim (unfair and deceptive acts or practices) and awarded BlueShift treble damages on the jury's award as well as its attorneys’ fees. The trial judge opined that Mark’s conduct of the trial was superb
• Gulf Oil Limited Partnership/Cumberland Farms, Inc. For decades Mark has led the team serving as National Counsel for Gulf Oil Limited Partnership (Gulf) and Cumberland Farms, Inc. (CFI), branded and unbranded gasoline wholesaler and marketer, and wholesaler, retailer and marketer, respectively, in the defense of hundreds of cases brought by over 140 plaintiffs (consisting of status, cities, towns, water districts and private water companies from 13 states) seeking property damages, remediation and monitoring costs for alleged groundwater contamination as the result of defendants’ use of the gasoline additive methyl tertiary-butyl ether (MTBE). Plaintiffs in these cases assert state law product liability and trespass and nuisance claims against the majority of the gasoline refining, distribution and marketing industry.
• Micro Networks Corp. v. HIG Hightec, Inc. Mark represented plaintiff Micro Networks Corporation (MNC) in this matter, in which MNC successfully sued HIG Hightec, Inc. (HIG), a venture capital firm that held a substantial block of MNC’s preferred stock. HIG sought to block the acquisition of MNC by Integrated Circuit Systems, Inc. (ICS), despite months of negotiations and ultimate approval of the deal by the MNC Board of Directors. The Federal District Court in Massachusetts agreed with MNC that its securities purchase agreement with HIG (i) was legitimate and specifically applicable, and (ii) that the securities purchase agreement denied HIG veto rights over MNC’s corporate decisions. The court further estopped HIG from interfering in any way with execution of the deal. In a case that threatened to undermine the financial stability of this high tech client, Mark and his team obtained summary judgment, enabling MNC to complete its deal with ICS

Mark has been recognized by The Best Lawyers in America as Best Lawyer for his work in Corporate Law 2022-2025 and Commercial Litigation 2025.

Mark has been recognized in US News-Best Lawyers for his work in Corporate Law and The Legal 500 US for his work on Trade Secrets and Products Liability matters.