Mark is a Partner in Wotton + Kearney’s Auckland office. Mark leads the cyber risk and breach response team, as well as the regulatory/health and safety team in New Zealand. Mark is highly recommended in insurance law by Legal 500. He is a disputes specialist, advising on cases involving competition and regulatory investigations and professional disputes, tech, resource management and health and safety and financial institutions both nationally and internationally. He has appeared in more than 150 trials in the Criminal and Civil Courts.
Mark advises insurer clients on claims arising under D&O, E&O statutory liability, and professional indemnity policies. He is an expert on cyber risk, data breach incidents and insurance policies. Mark is also instructed by corporate clients on data protection and privacy issues. Mark also has experience in company liability cases and frequently represents professionals in professional liability cases (including lawyers, architects, engineers and valuers).
Mark is a panel counsel for many New Zealand and international cyber and data protection insurers, including providing ongoing advice to insurers on claims response solutions, response, notification.
- Mark has recently represented the defendants in the two high profile High Court anti-competitive conduct cases: Commerce Commission v PGG Wrigtsons & Ors  NZHC and Commerce Commission v Lodge Real Estate & Ors  NZHC.
- Mark led the response to allegations against a large New Zealand technology company in a major data security breach affecting over 1000 clients, including coordinating forensic and PR response and addressing third party contract claims. He regularly manages organisations’ co-ordination of response for cyber and privacy breaches, and assists with international regulatory response. He has appeared for defendants in the New Zealand Human Rights Tribunal and providing information in Privacy Act 1993 investigations.
- Mark has assisted companies in many highly publicised workplace fatalities across all industry sectors including construction, manufacturing, agriculture and forestry. He has been involved in the first Worksafe investigations and prosecutions under the Health and Safety at Work Act 2015 and assists in the coordination of crisis management (legal response), advice and representation in the legal defence, and marshalling targeted health and safety auditing and safety reviews.
- Cyber + Data Security
- Inquiries, Investigations + Prosecutions
- Personal Injury
- Product Liability + Recall
- Professional Liability
- Subrogated Recoveries
- Agriculture + Forestry
- Construction + Infrastructure
- Manufacturing + Consumer Goods
- Professions + Business Services
- Technology + Cyber
- Member of the New Zealand Insurance Law Association
- Member of the Australian Insurance Law Association
- Member of the Criminal Bar Association
- Member of Connect Smart – New Zealand’s Cyber Security Awareness Group
- Member of the Civil & Courts Committee, Auckland District Law Society