Mark B. Wilson

Attorney Profile

Top Rated Professional Liability Attorney in Newport Beach, CA

Klein & Wilson
 | 4770 Von Karman Ave, Newport Beach, CA 92660
Phone: 949-478-0521
Fax: 949-631-3703
Selected To Super Lawyers: 2005 - 2021
Licensed Since: 1988
Practice Areas:
  • Professional Liability: Plaintiff (50%),
  • Business Litigation (50%)
    Attorney Profile

    A seasoned trial attorney and skilled negotiator, Mark B. Wilson has won nearly every case he has tried and arbitrated. Mr. Wilson lost only one jury trial and obtained a complete reversal on appeal. Mr. Wilson represents clients in federal and state courts in a variety of matters, including business litigation, legal malpractice, real estate, trade secrets, unfair competition, copyright infringement, construction disputes, and commercial unlawful detainer.

    Mr. Wilson’s victories include a $2.25 million jury verdict in a premises liability case, a $1.85 million dollar jury verdict in a breach of shareholder agreement case, a $1.8 million binding arbitration award in a legal malpractice case, a $1.4 million jury verdict in a copyright infringement case, a complete defense verdict in a partnership dispute where the client’s existence was at stake, and a complete defense verdict in an indemnity case where millions of dollars were at issue. His settlements include recovering $97 million in a breach of trust case, $3 million in a commercial construction dispute, $2.8 million in an employment dispute, $2.1 million in a legal malpractice action, and $2 million in a lease dispute.

    As a meticulous attorney, Mr. Wilson brings to court an eye for detail and a sense of organization essential to winning complex trials.

    Mr. Wilson has been selected to the Southern California Super Lawyers® list since 2005. In 2017 – 2020, he was listed in the Super Lawyers® Top 50 Orange County List. Mr. Wilson was also listed in the Super Lawyers® Top 100 Southern California List in 2019 and 2020. Mr. Wilson was recognized as one of the elite trial attorneys in Orange County by OC Register Metro magazine. He achieved an “AV” rating from Martindale-Hubbell, denoting the highest level of professional excellence from his peers. Since 2015, Mr. Wilson has been listed in Best Lawyers, the oldest and most respected peer-review publication in the legal profession.

    Mr. Wilson was the Chair of the Orange County Bar Association’s (“OCBA”) Business Litigation section, the largest section in the OCBA. Mr. Wilson was elected to serve on the Board of Directors for the Orange County Trial Lawyers Association (“OCTLA”) and remained on the Board for several years.

    In 2019, OCTLA named Mr. Wilson “Trial Lawyer of the Year” in legal malpractice. OCTLA previously named Mr. Wilson as a finalist for the “Business Litigation Trial Lawyer of the Year.” In addition, OCTLA twice recognized Mr. Wilson as “Board Member of the Year” for his contributions to the organization and the legal profession.

    From 2016 to 2020, Mr. Wilson was a California State Bar Special Deputy Prosecutor, prosecuting State Bar complaints when the State Bar had conflicts of interest. Mr. Wilson presently serves on the Board of Governors of the Orange County Chapter of the Association of Business Trial Lawyers and the Loyola Law School Board of Directors.

    Best Lawyers named Mr. Wilson “2021 Trial Lawyer of the Year” in trade secrets law. 

    Mr. Wilson is a frequent lecturer to bar organizations on modern trial techniques and legal ethics and has authored several articles on trial practice. In 2018, the State Bar of California Board of Legal Specialization certified Mr. Wilson as a specialist in legal malpractice law. There are only five attorneys in Orange County who have this specialization.

    In 2020, Mr. Wilson was selected to America’s Top 100 Bet-the-Company Litigators®. Selection to America’s Top 100 Bet-the-Company Litigators® is by invitation only and is reserved to identify the nation’s most exceptional trial attorneys in high stakes business litigation matters. 

    Mr. Wilson obtained his Juris Doctorate from Loyola Law School in 1988 and graduated from the University of Southern California in 1985. He was selected to be on Loyola’s Moot Court team and participated in Loyola’s trial advocacy program which U.S. News and World Report ranked as a top 10 in the nation. Mr. Wilson began trying cases in law school in a program sponsored by the Los Angeles County District Attorney’s Office.

     
    Practice Areas
    • 50%Professional Liability: Plaintiff
    • 50%Business Litigation
    Focus Areas

    Legal Malpractice, Professional Malpractice - Other, Ethics & Professional Responsibility

    Selections

    Selected to Super Lawyers for 17 yearsbottom-image

    Super Lawyers: 2005 - 2021

    Certificates and Credentials

    California Board of Legal Specialization

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    About Mark Wilson

    Admitted: 1988, California

    Professional Webpage: https://www.kleinandwilson.com/Attorneys/Mark-B-Wilson.shtml

    Honors/Awards:

    • Super Lawyers®, 2005 – Present
    • , “Trial Lawyer of the Year” in trade secrets law. , Best Lawyers - the oldest and most respected peer-review publication in the legal profession., 2021
    • Trial Lawyer of the Year, Legal Malpractice, Orange County Trial Lawyers Association, 2019 
    • Super Lawyers®, Corporate Counsel Edition, 2008
    • The Legal Eagles – OC’s Top Attorneys, OC Metro (August 2010)
    • The Dean’s List – OC’s Top Attorneys, OC Metro (August 2011)
    • OC’s Most Notable Lawyers, OC Metro (August 2012)
    • OC’s Top Attorneys – Raising the Bar and Setting New Precedents, OC Metro (2013)
    • Super Lawyers®, Top 50 Orange County List, 2017 – 2020
    • Super Lawyers®, Top 100 Southern California List, 2019 – 2020
    • America’s Top 100 Bet-the-Company Litigators
    • Best Lawyers, 2015 – Present
    • AVVO Rating 10.0 Superb, AVVO Rating 10.0 Superb, AVVO, 2019
    • Top Lawyer, Coast Magazine - 2016, Top Lawyer, Coast Magazine, 2016
    • Super Lawyers® Southern California Magazine 2010
    • Super Lawyers® Southern California Magazine 2007
    • Scott Moot Court Honors Board, Loyola Law School, Los Angeles, California, 1987-1988
    • "Business Litigation Trial Lawyer of the Year", Finalist
    • OC's Top Attorneys - Raising the Bar and Setting New PrecedentsOC Metro (2013)
    • The Legal Eagles - OC's Top AttorneysOC Metro (August 2010)
    • Super Lawyers® Southern California Magazine 2008
    • Super Lawyers® Southern California Magazine 2006
    • Jurisprudence Book Award, Legal Research and Writing, Loyola Law School, Los Angeles, California, 1986
    • "Board Member of the Year," OCTLA
    • OC's Most Notable LawyersOC Metro (August 2012)
    • Super Lawyers® Southern California Magazine 2012
    • Super Lawyers® Corporate Counsel Edition 2008
    • Super Lawyers® Southern California Magazine 2005
    • "AV" rating from Martindale-Hubbell
    • America's Top 100 Attorneys - Membership among America’s Top 100 Attorneys® is meant to identify and highlight the accomplishments of the nation’s most esteemed and skilled attorneys in all areas of practice. Only 100 attorneys in Southern California received this honor.  Selection is not achieved based on a single accomplishment or a single great year of success, but rather on a lifetime of hard work, ethical standards, and community enriching accomplishments that are inspiring among the legal profession. This honor is not given every year, or every 10 years; it is given but once-in-a-lifetime., America's Top 100 Attorneys, 2016
    • Best Lawyers - since 2015, U.S. News & World Report has ranked Klein & Wilson in its annual edition of "Best Law Firms."  Klein & Wilson achieved a "Tier One" ranking in Orange County, California in the category of Commercial Litigation., Best Lawyers, U.S. News & World Report, 2019
    • The Dean's List - OC's Top AttorneysOC Metro (August 2011)

    Special Licenses/Certifications:

    • California certified specialist in Legal Malpractice Law, 2018 to Present

    Bar/Professional Activity:

    • Association of Business Trial Lawyers, Board of Governors, 2017 to Present
    • Orange County Bar Association Professionalism and Ethics Committee, 2020 to Present
    • U.S. District Court Northern District of California, 1988
    • U.S. Court of Appeals 9th Circuit, 1989
    • Banyard Inn of Court, Master Bencher, 2000 to Present
    • California State Bar Deputy Trial Counsel, 2016
    • U.S. District Court Central District of California, 1988
    • U.S. District Court Eastern District of California, 1988
    • Orange County Trial Lawyers Association, Board of Directors 2002 to 2008 Member, 1996 to Present
    • Orange County Bar Association, Member, 1994 to Present
    • California, 1988
    • U.S. District Court Southern District of California, 1988
    • Business Litigation Section of Orange County Bar Association, Chair, 2016
    • Association of Business Trial Lawyers, Member, 2004 - Present

    Pro bono/Community Service:

    • Loyola Law School, Board of Directors, 2016 to Present
    • Board Member of Small Angels Foundation and Endowment

    Scholarly Lectures/Writings:

    • Lecturer, Litigation in the 21st Century – How to Present a Multimedia Trial, Orange County Trial Lawyers Association, – 2001
    • Lecturer, Trying the Business Case on a Contingency Fee Basis, State Bar of California, – 2000
    • Lecturer, Technology Weapons Every Business Lawyer Must Learn to Use at Trial, Association of Business Trial Lawyers, – 2008
    • Lecturer, Mock Trials – Everything You Ever Wanted to Know, Orange County Trial Lawyers Association, – 2002
    • Lecturer, Latest Trends in Jury Selection, Orange County Trial Lawyers Association, – 2003
    • Lecturer, How to Conduct Voir Dire, Orange County Bar Association, – 2003
    • Lecturer, How to Take a Videotaped Deposition and Get it Into Evidence, Orange County Trial Lawyers Association, – 2006
    • Lecturer, The New Rules of Professional Conduct Which Affect Small Firms and Solo Practitioners, Orange County Bar Association, Small/Solo Section, 2019
    • Lecturer, Cumis Counsel Issues for the Business Litigator, Orange County Bar Association, – 2010
    • Lecturer, Effective Use of Multimedia for Mediation and Trial, Robert A. Banyard Inn of Court, – 2013
    • Lecturer, Ethics and Etiquette – Avoiding Malpractice Claims When Representing Financial Institutions & Building Stronger Client Ties, Orange County Bar Association, Banking and Lending Section, – 2014
    • Lecturer, Multi-Media Courtroom Presentations, Orange County Trial Lawyers Association, – 2014
    • Lecturer, Using Multimedia to Maximize Impact, Orange County Bar Association, – 2014
    • Lecturer, Mistakes Lawyers Make Regarding Structured Settlements, Annual Convention of Society of Settlement Planners, – 2016
    • Lecturer, Winning Attorney-Client Fee Disputes, Orange County Bar Association, – 2017
    • Lecturer, How Real Estate Attorneys Can Avoid Legal Malpractice Claims, Orange County Bar Association, 2017
    • Lecturer, Marriage and Divorce of Law Firms, Orange County Bar Association, 2018
    • Lecturer, How to Avoid Legal Malpractice and Keep Your License, Ferguson Inn of Court, 2018
    • Lecturer, The Ideal Motion to Compel Arbitration, ABTL Annual Seminar, 2018
    • Lecturer, The New Rules of Professional Conduct, Provisors, 2018
    • Lecturer, The New Rules of Professional Conduct and the Sheppard Mullin Opinion: How They Impact Business Litigators, Orange County Bar Association, 2018
    • The Trial Lawyer’s Screenplay, OCTLA Gavel (Summer 2007)
    • Lecturer, How to Prepare for and Take “C-Suite” Depositions, Orange County Bar Association, September 2019
    • Everything You Ever Wanted to Know About Choice of Law Issues, OCTLA Gavel (Spring 2003)
    • Plaintiff’s Right to Recover Medical Costs: How to Introduce Evidence of Actual Bills, OCTLA Gavel (Fall 2003)
    • Mock Trials – One of the Most Powerful Tools for Case Evaluation and Trial Preparation, ABTL Report (Summer 2004)
    • The Parole Evidence Rule. The Gatekeeper of Evidence in Contract Cases, OCTLA Gavel (Fall 2005)
    • The Do’s and Don’ts of Closing Arguments, OCTLA Gavel (Spring 2006)
    • Multimedia: An Unforgettable Trial Presentation, OCTLA Gavel (Fall 2006)
    • Beware of Hidden Rent Increase Clauses, Orange County Business Journal (May 2017)
    • How to Get Your Attorneys’ Fees Reimbursed, Klein & Wilson Website (2010)
    • Legal Malpractice, Klein & Wilson Website (Summer 2010)
    • Witness Interviews: Who Is Off Limits and Who Is Fair Game?, OCTLA Gavel (Fall 2010)
    • Traps For The Unwary In A Commercial Unlawful Detainer Case, OCTLA Gavel (Winter 2013)
    • The New (Old) Fraud Exception to the Parol Evidence Rule, OCTLA Gavel (Summer 2013)
    • Law Firm Divorces: Who Keeps the Cases?, ABTL Report (Spring 2017)
    • How to Interview an Attorney to Handle a Business Dispute on a Contingency Fee Basis, How to Interview an Attorney to Handle a Business Dispute on a Contingency Fee Basis, Orange County Business Journal , 2017
    • Treat the Family Business Like a Business, Orange County Business Journal (May 2017)
    • Problems When Transactional Counsel Act as Trial Counsel, Today’s General Counsel (Spring 2020)
    • Cutting Litigation Costs in a Post-Covid World, Today’s General Counsel (Summer 2020)
    • WARNING - Protect Your Intellectual Property Before It's Too Late!, WARNING - Protect Your Intellectual Property Before It's Too Late!, Orange County Business Journal , 2017
    • WARNING - Read Your Binding Arbitration Agreements Carefully, WARNING - Read Your Binding Arbitration Agreements Carefully, Orange County Business Journal, 2017
    • Have You Reviewed Your Shareholders'/Operating Agreement?, Have You Reviewed Your Shareholders'/Operating Agreement?, Orange County Business Journal , 2017
    • Hold On... to Evidence Potentially Relevant to a Lawsuit, Hold On... to Evidence Potentially Relevant to a Lawsuit, Orange County Business Journal , 2017
    • Lecturer, Capturing the Audience's Attention with Multimedia, Orange County Women Lawyers Association, 2014
    • Why do Lawsuits Cost So Much Money, Why do Lawsuits Cost So Much Money, Orange County Business Journal , 2018
    • Hire An Attorney Before You Sign That Legal Document, Hire An Attorney Before You Sign That Legal Document, Orange County Business Journal , 2017
    • Lecturer, Multi-Media Courtroom Presentations, Orange County Trial Lawyers Association, 2014
    • Lecturer, Ethics and Etiquette - Avoiding Malpractice Claims When Representing Financial Institutions & Building Stronger Client Ties, Orange County Bar Association, Banking and Lending Section, 2013 - 2014
    • Lecturer, How to Avoid Legal Malpractice Claims / Common Mistakes in Legal Malpractice Cases, Orange County Bar Association, Real Estate Section, 2013
    • Lecturer, Effective Use of Multimedia for Mediation and Trial, Robert A. Banyard Inn of Court, 2013
    • Lecturer, Cumis Counsel Issues for the Business Litigator, Orange County Bar Association, 2010
    • Lecturer, Using Video Technology in Case Management, Deposition & Trial, Orange County Trial Lawyers Association, 2009
    • Lecturer, How to Present a Multimedia Closing Argument, Orange County College of Trial Advocacy, 2009
    • Lecturer, Technology Weapons Every Business Lawyer Must Learn to Use at Trial, Association of Business Trial Lawyers, 2008
    • Lecturer, How to Conduct Voir Dire, Orange County College of Trial Advocacy, 2007
    • Lecturer, How to Take a Videotaped Deposition and Get it Into Evidence, Orange County Trial Lawyers Association, 2006
    • Lecturer, Modern Evidence Techniques and Technology, Lorman Seminar, 2005
    • Lecturer, Damages in a Commercial Case, Lorman Seminar, 2003
    • Lecturer, Latest Trends in Jury Selection, Orange County Trial Lawyers Association, 2003
    • Lecturer, Mock Trials - Everything You Ever Wanted to Know, Orange County Trial Lawyers Association, 2002
    • Lecturer, Litigation in the 21st Century - How to Present a Multimedia Trial, Orange County Trial Lawyers Association, 2001
    • Lecturer, Trying the Business Case on a Contingency Fee Basis, State Bar of California, 2000
    • Lecturer, Everything You Ever Wanted to Know About Mock Trials and Focus Groups, Orange County Bar Association, Business Litigation Section, – 2000
    • The New (Old) Fraud Exception to the Parol Evidence RuleOCTLA Gavel (Summer 2013)
    • Lecturer, Construction Issues, California State University and American Society of Professional Estimators
    • Traps For The Unwary In A Commercial Unlawful Detainer CaseOCTLA Gavel (Winter 2013)
    • Witness Interviews: Who Is Off Limits and Who Is Fair Game?OCTLA Gavel (Fall 2010)
    • Lecturer, Litigation in the 21st Century, State Bar of California
    • Legal MalpracticeKlein & Wilson Website (Summer 2010)
    • Lecturer, Winning Attorney-Client Fee Disputes, Orange County Bar Association, 2017
    • The Trial Lawyer's ScreenplayOCTLA Gavel (Summer 2007)
    • Lecturer, How to Use Multimedia to Make Closing Arguments More Convincing, Provisors, 2015
    • Multimedia: An Unforgettable Trial PresentationOCTLA Gavel (Fall 2006)
    • The Do's and Don'ts of Closing ArgumentsOCTLA Gavel (Spring 2006)
    • The Parole Evidence Rule. The Gatekeeper of Evidence in Contract CasesOCTLA Gavel (Fall 2005)
    • Mock Trials - One of the Most Powerful Tools for Case Evaluation and Trial PreparationABTL Report(Summer 2004)
    • Plaintiff's Right to Recover Medical Costs: How to Introduce Evidence of Actual BillsOCTLA Gavel(Fall 2003)
    • Everything You Ever Wanted to Know About Choice of Law IssuesOCTLA Gavel (Spring 2003)
    • How to Get Your Attorneys' Fees Reimbursed!Klein & Wilson Website
    • Contributed to 1992 Supplement of California Defect Litigation, Thomas E. Miller
    • Lecturer, Using Multimedia to Maximize Impact, Orange County Bar Association, 2014

    Verdicts/Settlements:

    • Klein & Wilson won a verdict of $2.25 million in a premises liability action stemming from a sexual assault of a tenant of a residential apartment complex. This was one of the largest verdicts of its kind in California., 2000
    • Klein & Wilson won a verdict of $1.4 million in a breach of implied contract and copyright infringement case against one of the largest retailers in the United States. The jury awarded every penny Klein & Wilson requested. The Court commented that Klein & Wilson's multimedia trial presentation was the best it had ever seen., 2004
    • Klein & Wilson represented a company which hired design professionals and a general contractor to construct a sales facility in Central California. The designers and contractors made a number of errors, resulting in construction defects. Because of insurance coverage issues, the defendants' insurance carriers refused to settle until Klein & Wilson took approximately 50 depositions and proved that each defendant had serious exposure. After several mediations, Klein & Wilson recovered $3 million for its client - enough money for the client to make the necessary repairs to its facility.
    • In a construction defect case, Klein & Wilson represented a homeowners' association consisting of 48 condominium units. The developers and contractors denied there were construction defects and refused to pay anything. After conducting a "show-and-tell" presentation of the defects at the project and inviting all the defendants to destructive testing, the defendants recognized they would be found liable and paid Klein & Wilson's client approximately $1.5 million.
    • Klein & Wilson won a verdict of approximately $5 million on behalf of one of its software clients against Siemens Business Communications, Inc., one of the largest companies in the world. Affinitec prevailed on all of its breach of contract claims and recovered 99 percent (99%) of all the damages it requested from the jury. Siemens filed a cross-complaint against Klein & Wilson's client, but recovered nothing., 1999
    • Klein & Wilson represented a City against its former City Attorney for legal malpractice arising out of the City Attorney's failure to identify and resolve a conflict of interest. The conflict of interest sparked negative media attention, a public audit, and a criminal prosecution. Ultimately, the City was forced to reimburse funds spent on a public project. When Klein & Wilson substituted into the case, the former City Attorney refused to offer a penny to resolve the case. After Klein & Wilson evaluated the case and presented the former City Attorney with facts showing it had substantial exposure at trial, Klein & Wilson was successful in resolving the case for $1.5 million without taking a single deposition.
    • Klein & Wilson represented the chief financial officer (CFO) of an international corporation that abruptly terminated the CFO in violation of his employment agreement. Before filing a lawsuit, Klein & Wilson negotiated a $2.8 million settlement for the CFO, which far exceeded the mandated severance package in the employment agreement., 2015

    Educational Background:

    • Loyola Law School, Los Angeles, California, J.D., Honors: Scott Moot Court Honors Board, 1987-1988, Jurisprudence Book Award, Legal Research and Writing, 1986, 1988
    • University of Southern California, Los Angeles, California, B.S., Major: Public Administration, 1985
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    Office Location for Mark B. Wilson

    4770 Von Karman Ave
    Newport Beach, CA 92660

    Phone: 949-478-0521

    Fax: 949-631-3703

    Mark B. Wilson:

    Last Updated: 9/15/2020

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