Mark D. Taticchi

mark.taticchi dbr.com
Phone: (215) 988-2987 (215) 988-2987

About

Mark D. Taticchi focuses his practice on appellate litigation and the resolution of dispositive issues in complex civil cases, including questions of standing, jurisdiction, preemption, arbitrability, and class certification. In addition to briefing and arguing direct appeals, Mark regularly assists clients with petitions for discretionary appellate review—from petitions for interlocutory review of a trial-court decision, to requests for rehearing of an unfavorable ruling at an intermediate appellate court, to petitions for review in state and federal courts of last resort.

Mark also maintains an active counseling and class-actions practice in which he advises clients on and defends against various consumer-fraud, deceptive trade practices, and unfair-competition matters arising under both state and federal law.

Reflecting the diversity and scope of the businesses we serve, Mark actively litigates these and other issues at every level of the judiciary, from the county courthouse to the Supreme Court of the United States.

In addition to his time in private practice, Mark has served as a law clerk to Associate Justice Anthony M. Kennedy of the Supreme Court of the United States and to the Honorable Sandra S. Ikuta of the United States Court of Appeals for the Ninth Circuit. Mark has also served as an adjunct professor of legal writing at The George Washington University Law School in Washington, D.C.

Experience

Mark’s representative matters include:

  • Gardner ex rel. Vascular Access Centers, L.P. v. Vascular Access Centers, LLC (Pa. Super. 2019). Mark successfully briefed and argued for affirmance of a trial court’s decision denying the appellants’ eve-of-trial demand for arbitration of our clients’ breach-of-contract and breach-of-fiduciary-duty claims under Pennsylvania law.
  • School District of Lower Merion v. Wolk (Pa. S. Ct. 2018). Mark prepared both a successful petition for allowance of appeal and merits briefs that persuaded the Supreme to hear our client’s appeal and to reverse the Pennsylvania Commonwealth Court’s dismissal of our challenge to a trial court’s preliminary injunction.
  • Castellanos v. De La Roca (3d Cir. 2018). Mark drafted a successful petition for panel rehearing of an unpublished opinion construing the implementing statute for the Hague Convention on the Civil Aspects of International Child Abduction. Mark’s petition persuaded the panel to flip from a unanimous decision against our client to a unanimous, published opinion in her favor.
  • American Civil Liberties Union of Pa. v. Pa. State Police (Pa. S. Ct. 2018). Mark drafted a successful petition for allowance of appeal to the Supreme Court of Pennsylvania, persuading that court to grant discretionary review of a decision of the Pennsylvania Commonwealth Court that had approved the Pennsylvania State Police’s refusal to release a full, unredacted copy of its policy governing the use of social media in criminal and employment-background investigations.
  • American Future Systems, Inc. v. Acosta, (U.S. 2018). Mark drafted a petition for a writ of certiorari seeking Supreme Court review of circuit split regarding standard for determining compensability of break time afforded to workers by their employers.
  • Foresco Co., Ltd. v. Oh (2d Cir. 2017). Mark prepared the briefs in this direct appeal from an adverse summary judgment decision, persuading the Court of Appeals that the district court had erred in granting summary judgment to our opponent and remanding the case for trial.
  • Medina v. United States (U.S. 2017). Mark prepared a cert petition in this pro bono appeal out of the Second Circuit, challenging the district court’s use of crimes of which our client had been acquitted as a basis for increasing the length of his sentence for the two counts on which he had been convicted.
  • Mark has also drafted numerous amicus briefs in cases being argued at the U.S. Supreme Court and U.S. Courts of Appeals, including:
    • Mitchell v. Wisconsin (U.S. 2019) (applicability of Fourth Amendment’s heavily regulated industries exception to warrantless extraction of blood from unconscious motorist suspected of driving while intoxicated).
    • Timbs v. Indiana (U.S. 2019) (applicability of Eighth Amendment’s Excessive Fines Clause to acts of state and local governments).
    • Carpenter v. United States (U.S. 2018) (ability of law enforcement to collect historical cell-site location information from suspect’s cell phone carrier without a warrant).
    • Janus v. American Federation of State, County, and Municipal Employees, Council 31 (U.S. 2018) (ability of public union to compel its members to fund its collective-bargaining activities consistent with the First Amendment).
    • Fields v. City of Philadelphia (3d Cir. 2017) (whether citizens possess a right under the First Amendment to make a video recording of police officers in the public performance of their duties).

Credentials

Bar Admissions

  • District of Columbia
  • New York
  • Pennsylvania

Education

  • George Washington University Law School, J.D., 2010, Order of the Coif, The George Washington Law Review – Editor-in-Chief
  • Pennsylvania State University, B.A., 2007

Court Admissions

  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Third Circuit
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Eastern District of Pennsylvania