Mark’s principal clients are media and communications enterprises, such as digital media and web-based businesses, television and radio stations, newspapers, wire services, magazines and cable companies, as well as the trade associations representing these industries. 

He has represented communications businesses and state and national trade associations in administrative rule making proceedings before the FCC and other government agencies on issues such as: content licensing and use agreements, retransmission consent agreements, network affiliation agreements, political broadcasting rules, cable, satellite and OTT carriage of television signals, digital television and radio, syndicated program exclusivity, compulsory copyright licenses, the siting of broadcast towers, equal employment opportunity, and Internet issues.

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Mark counsels clients on day-to-day operational issues and transactions. He has significant experience in mergers, acquisitions and dispositions, including negotiating all aspects of asset sales, stock sales and merger agreements, securing requisite state and federal regulatory approvals, negotiating and drafting bank financing and security documents, and analyzing antitrust and competition issues.

He also assists businesses of all types in complying with laws relating to the use (or abuse) of telephones, email, text messages, faxes and other forms of business communications. Recently, he has been increasingly involved in content licensing, intellectual property licensing, and data breach matters. 

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Mark has served as lead counsel in litigation of numerous cases in state and federal courts and before federal and state administrative agencies. His litigation experience includes: intellectual property issues, contract disputes, unfair competition, libel, invasion of privacy, indecent content, non-compete, labor and employment matters, public records, and corporate and insurance law issues. He has also represented corporations and educational institutions before the FCC and North Carolina Utilities Commission in administrative litigation.

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Mark has testified before Congressional and state legislative committees and has assisted clients in lobbying and testifying before Congress, the North Carolina General Assembly, and the FCC in efforts to influence debate on broad issues of public policy and other matters of concern to a single client. 

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Recognized by his peers for inclusion in Business North Carolina’s "Legal Elite" in Litigation (2014)

Selected by his peers for inclusion in The Best Lawyers in America© in First Amendment Law, First Amendment Litigation, and Mergers and Acquisitions Law (1993-2018); Media Law (2017-2018)

Named North Carolina Litigator of the Year by Benchmark Litigation (2012)

Recognized in North Carolina Super Lawyers (Thomson Reuters) in First Amendment/Media/Advertising Law (2006-2014), and Communications (2015-2017)

Recognized as a North Carolina Litigation Star in Benchmark Litigation: The Definitive Guide to America's Leading Litigation Firms & Attorneys (2013-2018) in First Amendment, General Commercial and Intellectual Property; recognized in Professional Liability and Securities (2017-2018)

Inducted into the North Carolina Association of Broadcasters Hall of Fame, 2014, and received the Distinguished Service Award from the same organization in 2008

Honored by the North Carolina Cable Telecommunications Association as the 2006 President's Cup Recipient

Inducted into the Tower Club of the Southern Cable Telecommunications Association, 2002

Member, Board of Directors, Audubon North Carolina (2015-   )

Member, Board of Directors, Old Baldy Foundation (2011-    )

Member, Federal Communications Bar Association (Chairman, National Practice Committee, 1987-1989)

Member, Chief Justice's Media and Courts Forum

Member, North Carolina Bar Association (Constitutional Rights and Responsibilities Section Chair 2003-2004, Vice Chair 2002-2003, and a member of other various committees since 1989)

Elder and twice former Chairman of the Board, Hillyer Memorial Christian Church, Raleigh, NC 

Adjunct Faculty Member, Communications Law and Public Policy, Duke University (1992-2011)

Member, Chair (2003-04), and Vice Chair (2002-03), Constitutional Rights and Responsibilities Section, North Carolina Bar Association

President, Braxton Craven Inn of Court, Duke University (2002-03)

Member, Ethics Committee, North Carolina State Bar (1987-1990)

Former Senior Lecturing Fellow at Duke University School of Law 

Former Visiting Lecturer at Duke University's Sanford Institute for Public Policy

 

Co-Author, Survey of North Carolina Privacy Law and Related Claims Against the Media, Media Law Resource Center 50-State Survey, Media Privacy and Related Law (1998 -  )

"Access to the Judicial Process," North Carolina Media Law Handbook, N.C. First Amendment Foundation and UNC Chapel Hill School of Journalism, 3rd edition, 2007

"Settlements and their Constitutional Implications," The Constitutionalist, N.C. Bar Association newsletter, April 2003

"Telecommunications Convergence: How Can Europe Hold Her Own?" presented at the Alpbach European Forum, Media Symposium, Alpbach, Austria, August 2000

"Access to Buildings and Facilities by Telecommunications," Hearings before the Subcommittee on Telecommunications, Trade and Consumer Protection of the Committee on Commerce, U.S. House of Representatives, 106th Congress, 1st Session, May 1999

"Punitive Damages," Libel Litigation 1994, PLI, 1994 (Outline update with Klein, Moulton, Kelly and Mann) 

"Wiretapping: Always a Mistake and an Opportunity," N.C. Lawyers Weekly, 3 NCLW 1066, February 1991 (with Douglas A. Ruley)

"Defendants' Approach to the Trial of a Libel Case," N.C. Bar Association 1989 (manuscript)

Brooks Pierce is a firm that celebrates independent, cerebral, and creative thinkers. Get to know Mark through our own version of the famous Proust Questionnaire:

I became a lawyer because: I like solving difficult problems.

What I appreciate the most in my friends: Loyalty 

My occupation if I weren't a lawyer: I wanted to play center field for the Los Angeles Dodgers. When I figured out that wasn’t going to happen, I decided between law and journalism, and then ended up in media and communications law. 

My favorite prose author: Kurt Vonnegut 

Heroes: Sandy Koufax and Charles Hamilton Houston are on the list. At present, list currently includes 57 individuals.

Mark Prak is integral to our success as a company. He interacts with us on the most significant matters, and his trusted guidance is a valuable resource. – Emerson Coleman, Vice President, Programming, Hearst Television

Recent Publications & Media

Speaking Engagements

June 28, 2011

Brooks Pierce Attorneys Present at NCAB Annual Convention

Mark Prak represents businesses and trade associations of businesses operating websites, television stations, radio stations, cable television systems, newspapers, magazines, radio networks, television production companies, telephone companies, wire services, and other communications enterprises...Read more

Recognitions

Brooks Pierce has been named a “Highly Recommended” law firm in North Carolina in the 2018 edition...(read more)
The 2018 edition of The Best Lawyers in America © recognized 54 Brooks Pierce attorneys as industry...(read more)
Thirty-nine Brooks Pierce attorneys have been recognized in the 2017 edition of North Carolina...(read more)
Brooks Pierce has been named a “Highly Recommended” law firm in North Carolina in the 2017 edition...(read more)
The 2017 edition of The Best Lawyers in America © recognized 50 Brooks Pierce attorneys as industry...(read more)
Benchmark Litigation, a trusted independent research organization, named Brooks Pierce the 2016 "...(read more)
Thirty-seven Brooks Pierce attorneys have been recognized in the 2016 edition of North Carolina...(read more)
Brooks Pierce has been named a “ Highly Recommended ” law firm in North Carolina in the 2016...(read more)
The 2016 edition of The Best Lawyers in America © recognized 48 Brooks Pierce attorneys as industry...(read more)
Thirty-six Brooks Pierce attorneys have been recognized in the 2015 edition of North Carolina Super...(read more)
Brooks Pierce is pleased to announce that 27 of the firm’s attorneys have been named to the 2014...(read more)
Brooks Pierce has been named a “Highly Recommended” law firm in North Carolina in the 2015 edition...(read more)
The 2015 edition of The Best Lawyers in America© recognized 46 Brooks Pierce attorneys as industry...(read more)
Business North Carolina magazine publishes annually the “Legal Elite,” lawyers throughout the state...(read more)
Brooks Pierce is pleased to announce that 39 lawyers, representing 46% of the firm’s attorneys,...(read more)
Brooks, Pierce, McLendon, Humphrey & Leonard, LLP is pleased to announce that 46 lawyers were...(read more)
Kearns Davis has been named the Best Lawyers’ 2013 Greensboro Criminal Defense: White-Collar "...(read more)
Brooks, Pierce, McLendon, Humphrey & Leonard, LLP is pleased to announce that 45 lawyers,...(read more)
Brooks Pierce is pleased to announce that 38 lawyers, representing 43% of the firm’s attorneys,...(read more)
Brooks, Pierce, McLendon, Humphrey & Leonard, LLP is pleased to announce that 34 lawyers,...(read more)
The Best Lawyers in America Brooks, Pierce, McLendon, Humphrey & Leonard, LLP is pleased to...(read more)
Eighteen Brooks Pierce Attorneys Named as North Carolina Super Lawyers Brooks, Pierce, McLendon,...(read more)
Three attorneys recognized in "Top 100" North Carolina Super Lawyers Brooks Pierce is pleased to...(read more)

Recent Publications & Media