Kirby McInerney | Mark Strauss
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Mark  A. Strauss


Whistleblower/Qui Tam
Consumer Fraud


  • Cornell University (B.A., 1987)
  • Fordham University School of Law; Associate Editor of the Law Review (J.D., 1993)


  • New York State Bar
  • California State Bar
  • United States District Courts for the Eastern and Southern Districts of New York
  • United States District Courts for the Northern, Southern and Central Districts of California
Mark A. Strauss
Tel: 212.371.6600
Fax: 212.751.2540
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Mark A. Strauss is a partner in our New York office focusing on whistleblower, securities, and consumer fraud litigation.

Having joined the firm in 2001, Mr. Strauss has substantial appellate, trial, and arbitration experience, and his advocacy has resulted in many notable decisions, including Reading Health Sys. v. Bear Stearns & Co. (3d Cir. 2018), which held that banks cannot require institutional clients to waive FINRA arbitration rights. Mr. Strauss has a growing practice representing hedge funds and other large investors in individual securities opt-out litigation. He has also successfully litigated consumer fraud class actions under the Racketeer Influenced and Corrupt Organizations Act (RICO), represented victims of Ponzi schemes and investment frauds, and developed a track record representing whistleblowers in federal qui tam cases involving the wrongful evasion of import duties.

Some of Mr. Strauss’s relevant experience includes:

  • Representation of qui tam whistleblowers in federal False Claims Act cases involving import duty fraud.  Successfully obtained a significant 20% whistleblower award for our client in U.S. ex rel Dickhudt v. Winds Enters., and a 19% award in U.S. ex rel Karlin v. Noble Jewelry Co.
  • Lead Counsel for mortgage borrowers in RICO class actions involving undisclosed kickbacks resulting in overcharges for Lender-Placed Insurance, including Rothstein v. GMAC Mortg., where we obtained a $13 million recovery, and Parker v. AHMSI Ins. Agency.
  • Representation of a family trust in individual securities opt-out litigation against Credit Suisse involving the collapse of the volatility-linked VelocityShares Daily Inverse VIX Short-Term Exchange-Traded Note (XIV).
  • Representation of municipal issuers of auction rate securities in FINRA arbitrations alleging misrepresentations and market manipulation by underwriters.
  • Lead Counsel in In re Citigroup Inc. Securities Litigation, a securities class action involving Citigroup’s nondisclosure of exposure to toxic mortgage-backed securities.  This case resulted in $590 million settlement.
  • Co-Lead Counsel in In re Adelphia Commc’n Corp. Securities Litigation, a securities class action involving the nondisclosure of massive liabilities and self-dealing by what was then the fifth largest cable television company in the United States.  This case resulted in $460 million in settlements.
  • Co-Lead Counsel in Cromer Fin. v. Berger, a class action involving a hedge fund that was operated as a Ponzi scheme in which we recovered $65 million for victims.
  • Class Counsel in Serino v. Lipper, which involved the overvaluation of a hedge fund’s investment portfolio and in which we recovered $29.9 million for the class.
  • Co-Lead Counsel in Lapin v. Goldman Sachs Group, Inc., a securities class action alleging that a major investment bank omitted to disclose conflicts of interest that impaired the objectivity and independence of its securities analysts. This case resulted in a $29 million settlement.
  • Lead Counsel in Argent Classic v., a bondholder securities class action.  This case resulted in a $20 million settlement.
  • Co-Lead Counsel in John Hancock Life v. Goldman Sachs & Co., a bondholder securities class action involving a fiberglass manufacturer’s asbestos liabilities. This case resulted in a $19.25 million settlement.

Prior to joining KM, Mr. Strauss practiced at Christy & Viener LLP and Cahill Gordon & Reindel LLP where he defended corporate clients in complex litigation and class actions.