Mark G. Rackers

Mark Rackers is a partner in Sheppard Mullin’s Business Trial practice group in the firm's San Diego office and the co-leader of the firm’s Multifamily Housing team. He is also a member of the firm’s mortgage banking and healthcare litigation teams.
 
Areas of Practice

Mark’s practice focuses on complex business litigation and class action defense. An experienced trial attorney, Mark represents clients in business disputes in the multi-family space, involving healthcare entities, real estate, and consumer lending. He regularly handles matters involving contract disputes, consumer protection statutes, and unfair competition and false advertising claims. Mark regularly counsels clients, including landlords and property management companies, on compliance matters. He also has in-house experience at Wells Fargo Bank and regularly assists financial institutions in consumer litigation, compliance, and workouts. He has experience as lead trial counsel and has successfully argued before the Ninth Circuit, California Supreme Court, and several California Courts of Appeal.

Mark serves on the firm’s Pro Bono Committee and heads pro bono efforts for the San Diego office. He is on the boards of the Legal Aid Society of San Diego and the Neighborhood House Association.

Experience

Recent Litigation Successes

• Lead trial counsel in jury trial relating to a property/easement dispute, where he won a favorable result for the client
• Obtained complete dismissals of over 100 mortgage-related complaints
• Obtained a favorable settlement in a data breach lawsuit

Other Experience

• Extern for the Honorable William Q. Hayes, United States District Judge for the Southern District of California
• Intern, California Attorney General's Office, Criminal Appellate Division arguing cases in the California Courts of Appeal
• Intern, San Diego Volunteer Lawyers Program, Elder Law & HIV/AIDS Clinics
• Assisted families with finalizing adoptions and requesting specialized care rate assessments through pro bono partnership with Public Counsel Adoptions Project
• Successfully argued pro bono immigration appeal with the Ninth Circuit Court of Appeals

Honors

Leader of Influence in Law, San Diego Business Journal, 2024

San Diego Rising Star, Super Lawyers, 2015, 2016, 2017

Articles

Finance & Bankruptcy Law Blog Posts

• "California’s DBO Updates its COVID-19 Guidance for Financial Institutions," March 30, 2020

• "Update for Mortgage Lender Operations in California," March 23, 2020

Financial Institutions Law Blog Posts

• "The Consumer Financial Protection Bureau Adopts New Rule Barring Class Action Waivers in Arbitration Agreements," July 14, 2017 
• "The Ninth Circuit Holds That Enforcing A Security Interest Is Not Necessarily Debt Collection," October 27, 2016
• "California Homeowner Bill of Rights: A New Mortgage Law For The New Year," December 12, 2012
• "Dispelling the Myth of MERS as a 'Sham' Beneficiary," October 18, 2011
• "More Teeth For The Tender Rule," June 16, 2011

Real Estate, Land Use & Environmental Law Blog Posts

• "Unleashing AB 2216: Will Fido Have a Leg Up on Landlords?" March 28, 2024

Speaking Engagements

• Presenter, “Company Killers: Trends in Class Action Risk Factors and How to Mitigate,” National Apartment Association Legal Symposium, Virtual, November 18, 2020
• Presenter, Association of Business Trial Lawyers Trial Skills Seminar, San Diego, CA, October 2012.
• Mr. Rackers has taught English and Persuasive Writing courses at the University of California San Diego and San Diego City College.

Events

Memberships

Board Member, Legal Aid Society of San Diego, Inc.

Member, State Bar of California

Member, Louis M. Welsh Chapter of the American Inns of Court

Member, San Diego County Bar Association

Digital Media