Profile
Mark E. Ferrario is Co-Chair of the National Construction Law Practice and focuses his practice on complex civil litigation and construction law. He is an experienced trial lawyer who has utilized his persuasive skills to obtain favorable results in a wide variety of high profile matters. He serves as lead counsel in jury trials, bench trials and arbitrations as well as appeals in matters involving construction, securities, contracts, civil rights, election and tort law. Mark appears in front of regulatory and legislative bodies on behalf of his clients. He regularly provides counsel to his clients on a variety of risk management topics.
Mark’s construction practice focuses on representing large commercial owners and developers in real estate and construction litigation. He counsels clients through all phases of construction projects. Over the course of his career, he has also represented architects, engineers, and subcontractors. As a result, he understands the business from the ground up. He has lectured on construction-related issues and has participated in the legislative process in drafting legislation dealing with the construction industry. Mark has been named “Lawyer of the Year” by Best Lawyers for Litigation – Construction, Las Vegas (2021), and was recognized in The Best Lawyers in America 2024 for his work in Litigation – Construction.
Prior to attending law school, Mark worked in the hotel casino industry in various capacities. He is AV Rated by Martindale-Hubbell and has been recognized as one of the top attorneys in Nevada.
Concentrations
- Commercial litigation
- Construction litigation
- Corporate litigation/corporate risk management
- Securities litigation
- Election litigation
- Civil rights defense
Capabilities
Experience
- Represented a major shareholder in prosecuting her claims in the Wynn v. Okada litigation. The claims involved issues of corporate governance and enforceability of a shareholder’s agreement.
- Represented a major shareholder in the investigation and hearing conducted by the Massachusetts gaming regulators regarding the Encore property in Massachusetts.
- Represented the owner in the MGM City Center litigation, a complex construction dispute with over 400 million dollars at stake. The case was projected to take nine-to-twelve months to try. After six weeks of jury selection the case settled.
- Served as lead counsel for a government contractor on a False Claims Act case in Louisiana involving several claims arising from the Hurricane Katrina disaster. After eliminating a number of claims through motion practice, the case settled on the first day of trial.
- Worked as part of a team that recovered approximately 94 cents on the dollar for clients defrauded in a highly publicized scheme through which a 1031 exchange company defrauded investors of approximately $97 million.
- Acted as one of the lead lawyers in a suit against Park Place Entertainment arising from the failed sale of the Las Vegas Hilton which resulted in a favorable settlement for his client.
- Prosecuted a case against a major casino resort preventing them from ousting a major restaurant and nightclub.
- Reached a favorable outcome for a title company defending against fraud claims, with no recovery for the plaintiffs.
- Served as member of the lead trial team in the $90 million lawsuit that resulted from the 1988 PEPCON chemical plant explosion in Henderson, Nevada which resulted in settlements totaling approximately $87 million.
- Worked on both the MGM Grand and Hilton Hotel fire cases obtaining a favorable result for his client, a major subcontractor on both projects.
- Achieved dismissals and other favorable outcomes for a gaming company in claims that gaming jackpots were not properly paid.
- Achieved a favorable outcome before a three member arbitration panel for a business owner defending against a $7 million construction claim brought by a national contractor in an AAA arbitration matter.
- Achieved a favorable outcome for a subcontractor seeking $2.5 million in compensation from a national contractor and a major casino resort.
- Achieved a favorable outcome for a major local builder in one of the first significant suits by the federal government regarding enforcement of the Fair Housing Act.
- Persuaded the district court to strike unconstitutional provisions of the Nevada Clean Indoor Air Act., an anti-smoking ballot initiative, and continues to both defend that decision, as well as challenge the remaining offending provisions in the Nevada Supreme Court in 2008.
- Persuaded the Nevada Supreme court to strike substantial portions of the eminent domain initiative led by the Peoples Initiative to Stop the Taking of Land (PISTOL), preventing the devastation of Nevada development.
- Represented the Southern Nevada Home Builders Association during several sessions of the Nevada Legislature.
- Obtained dismissal of nearly all claims of IDEA and civil rights violations, leading to a settlement in favor of a school district.
- Obtained summary judgment in favor of a school district on claims that a teacher’s free speech rights were violated.
- Achieved summary judgment for an exclusive southern Nevada country club and prominent developer against highly publicized allegations of federal civil rights violations.
- Represented employers in Federal and State Court wage and hour collective and class action cases, employment discrimination claims (administrative and litigation), and enforcement of noncompetition and confidentiality claims.
- Achieved a settlement mid-trial for a plaintiff in a medical malpractice suit involving catastrophic injuries.
- Defended local nightclub in an arbitration claim by a disc jockey.
- Represented a number of businesses in a wide variety of disputes achieving favorable results in a number of different areas.
- Represented casino owner Lonnie "Ted" Binion in his lengthy legal battle with Nevada gaming regulators to maintain his gaming license.
- Retained as special counsel to the Select Committee on the Assembly in regard to the expulsion of a member of the assembly.
°Some of the above representations were handled by Mr. Ferrario prior to his joining Greenberg Traurig, LLP.
Recognition & Leadership
- Listed, The Best Lawyers in America, Commercial Litigation; Litigation - Banking and Finance; Litigation - Construction; Litigation - Labor and Employment; Litigation - Real Estate, 2010-2024; Bet-the-Company Litigation, 2022-2024; Construction Law, 2024
- Named, "Lawyer of the Year," Litigation - Banking and Finance, Las Vegas, 2015 and 2024
- Named, "Lawyer of the Year," Litigation - Construction, Las Vegas, 2021
- Named, "Lawyer of the Year," Litigation - Real Estate, Las Vegas, 2018
- Listed, Chambers USA Guide, 2007-2023
- Listed, The Legal 500 United States, "Recommended Lawyer," Real Estate - Construction (Including Construction Litigation), 2022-2023
- Listed, Super Lawyers magazine, Mountain States Super Lawyers, 2010-2023
- Top 100 Lawyers in the Mountain States, 2017 and 2021-2022
- Listed, VEGAS INC, "Top Lawyers," 2012-2013, 2021
- Litigation, 2013
- Construction & Land Use, 2012
- Listed, Nevada Business magazine, "Legal Elite: The Silver State's Top Attorneys," 2011-2013, 2016 and 2020
- Team Member, Daily Business Review's "Real Estate Litigation Department of the Year," 2015
- Rated, AV Preeminent® 5.0 out of 5.0
- Board Member, Nevada Federal Credit Union, Board of Directors, 1996-Present
- Board Member, Safe Nest, Board of Trustees
- Member, Clark County Bar Association
- Member, State Bar of Nevada
- Former Member, Professionalism Committee
Credentials
- J.D., University of California at Los Angeles, School of Law, 1981
- B.S., Accounting, University of Nevada, Las Vegas, 1978
- Nevada
- California