Attorneys Mark B. DeSanto

Biography

Mark B. DeSanto, Senior Counsel in the firm’s Consumer Protection Department, has nine years of class action litigation experience in federal courts throughout the United States, during which he has helped recover over $300 million for his consumer, pension participant, investor, and employee clients in class actions involving false and misleading advertising, defective products, data breaches, ERISA litigation, securities litigation, employee rights, and other consumer protection litigation.

In 2023, Mr. DeSanto was named to the Legal Intelligencer’s “Lawyers on the Fast Track” list. Since 2018, Mr. DeSanto has been selected by Pennsylvania Super Lawyers as a Rising Star (an honor reserved for 2.5% of lawyers in Pennsylvania), as selected by his peers based on his professional achievements. Mr. DeSanto authored a chapter of a course handbook published by the Practising Law Institute on March 1, 2018, for the 23rd Annual Consumer Financial Services Institute titled Chapter 57: The Impact of Payment Card II on Class Action Litigation & Settlements (ISBN Number: 9781402431005).

Mr. DeSanto received his Juris Doctor (J.D.), cum laude, from the University of Miami School of Law in 2013, where he was a member of the National Security and Armed Conflict Law Review. During his second and third years of law school, Mr. DeSanto worked full-time at a securities litigation firm while also attending law school full-time and earning Dean’s List multiple semesters, and President’s Honor Roll distinction (4.0 GPA), as well as honors distinction in Trial & Litigation Skills courses I and II. Prior to attending law school, Mr. DeSanto attended the University of Miami where he earned his Bachelor of Business Administration (B.B.A.) in Finance in 2009. Mr. DeSanto is admitted to practice law in Florida, Pennsylvania, and New Jersey.

Prominent Judgments and Settlements

  • Washtenaw Emps.’ Ret. Sys. v. Walgreen Co., Civ. No. 1:15-cv-03187 (N.D. Ill. ) (settled – $105 million) (represented nationwide class of investors asserting 10b-5 and 20(a) violations against Walgreens);
  • In re St. Jude Medical, Inc. Securities Litigation, Civ. No. 10-0851 (D. Minn. 2010) (settled – $39.25 million) (represented nationwide class of investors asserting 10b-5 and 20(a) violations against medical device company and obtained class certification);
  • Louisiana Municipal Police Employees’ Retirement System v. Green Mountain Coffee Roasters, Inc. et al., Civ. No. 2:11-cv-00289 (D. Vt.) (settled – $36.5 million) (represented financial institutions in class action lawsuit brought on behalf of all Keurig Green Mountain shareholders, alleging that the company and its executives violated Sections 10(b) and 20(a) of the Securities Exchange Act of 1934);
  • In re Target Corporation Customer Data Security Breach Litigation, MDL No. 14–2522 (D. Minn.) (settled – $39 million) (represented nationwide class action of card-issuing financial institutions asserting negligence claims arising from the highly-publicized 2013 Target data breach, and was extensively involved in class certification briefing, which resulted in the first-ever certified class of financial institutions asserting tort claims, see In re Target Corp. Customer Data Sec. Breach Litig., 309 F.R.D. 482 (D. Minn. 2015), appeal dismissed(June 23, 2016));
  • Snitzer et al v. The Board of Trustees of the American Federation of Musicians and Employers’ Pension Fund et al, No. 1:17-cv-05361 (S.D.N.Y. 2017) (settled – $26.85 million) (represented participants alleging that trustees violated ERISA by making imprudent investment allocations in illiquid, high-risk “alternative” asset classes, and paid exorbitant fees to active managers, and ERISA’s duty of loyalty by withholding information from pension participants);
  • Lacher et al v. Aramark Corp., 2:19-cv-00687 (E.D. Pa. 2019) (settled – $21 million) (represented a class of Aramark’s current and former managers alleging that Aramark breached its employment contracts by failing to pay bonuses and restricted stock unit compensation to managers nationwide);
  • High St. Rehab., LLC v. Am. Specialty Health Inc., No. 2:12-cv-07243-NIQA, 2019 U.S. Dist. LEXIS 147847 (E.D. Pa. Aug. 29, 2019) (settled – $11.75 million) (represented a class of chiropractors and other similar healthcare practitioners alleging, inter alia, that Cigna and its third-party claims management provider’s use of utilization management review (“UMR”) when evaluating out-of-network claims for chiropractic services performed on individuals who participated in employer-sponsored health benefits Plans that Cigna insured and/or for which Cigna administered benefits claims violated ERISA);
  • Lietz v. Cigna Corp. (In re Cigna-American Specialty Health Admin. Fee Litig.), No. 2:16-cv-03967-NIQA, 2019 U.S. Dist. LEXIS 146899 (E.D. Pa. Aug. 29, 2019) (settled – $8.25 million) (represented insureds alleging that Cigna violated ERISA by charging an elevated amount for services that included an administrative fee charged by Cigna’s third-party claims management provider, and only passing on a small portion of the elevated amount charged to the doctor, while knowingly hiding this fee from insureds);
  • In re Wawa, Inc. Data Security Litig., Lead Case No. 2:19-cv-06019-GEKP (E.D. Pa) ($12 million proposed settlement pending preliminary approval) (representing a class of consumers whose personal information was compromised in the highly-publicized Wawa data breach);
  • Smith v. ComplyRight, Inc., No. 1:18-cv-4990, 2019 U.S. Dist. LEXIS 174217 (N.D. Ill. Oct. 7, 2019) (settled – $3 million) (represented a class of consumers whose personal information was maintained on ComplyRight’s website during a data breach that occurred from at least April 20, 2018 through May 22, 2018).
schedule a free consultation

"*" indicates required fields

By clicking SUBMIT you agree to our Terms of Use and Privacy Policy and you are providing express consent to receive communications from Berger Montague via calls, emails, and/or text messages.

Education

Law School
University of Miami School of Law, J.D., cum laude (2013)

Undergraduate
University of Miami, B.B.A. in Finance (2009)

Honors & Awards

  • The Legal Intelligencer “Lawyers on the Fast Track” Winner – 2023
  • Super Lawyers Rising Star – 2018-2023

Publications

Practicing Law Institute’s 23rd Annual Consumer Financial Services Institute – Chapter 57: The Impact of Payment Card II on Class Action Litigation & Settlements

  • Published: March 2018
  • ISBN No.: 9781402431005
  • Accessible at: https://www.pli.edu/Content/CourseHandbook/23rd_Annual_Consumer_Financial_ Services_Institue/_/N-4mZ1z100wt?ID=320969)

Admissions

  • Member – Florida State Bar – 2013
  • Member – Pennsylvania State Bar – 2015
  • Member – New Jersey State Bar – 2015
  • Admitted – United States District Court for the Southern District of Florida
  • Admitted – United States District Court for the District of New Jersey
  • Admitted – United States District Court for the Eastern District of Pennsylvania
  • Admitted – United States District Court for the District of Colorado
  • Admitted – United States District Court for the Middle District of Florida