Mark I. Bailen

Managing Partner

mb@bailenlaw.com - Tel: (202) 656-0422 / Fax: (202) 261-3508

For over 25 years, Mark has provided legal counsel to multinational corporations, small businesses, non-profit organizations and individuals.  He was Partner in an AmLaw 100 firm for over 16 years before launching BailenLaw in 2022.  He has been counsel of record for clients in hundreds of cases in courts throughout the country.

His publishing and First Amendment practice focuses on libel, invasion of privacy, and copyright. Mark has represented national and local media outlets as well as a range of publishers in digital media, including websites, bloggers and others who publish and disseminate news, information, opinions and ideas. On behalf of his clients he was among the first to invoke the District of Columbia anti-SLAPP law in 2011 and the modified New York anti-SLAPP law in 2020.  He also works closely with, and advises, journalism organizations.

Mark has litigated media and non-media disputes in federal and state courts across the country, and in arbitration proceedings.  While he works with clients to find the best and most efficient solutions for their matters, he is always ready to litigate if necessary.

publications

  • Media Privacy & Related Law - Media Law Resource Center 50-State Survey, Chapter on privacy an related law in the Fourth Circuit
  • Reporter's Privilege - Reporters' Committee for Freedom of the Press, Chapter on reporter's privilege and shield laws in the Fourth Circuit

education

  • New York University School of Law
  • Cornell University

admissions

  • District of Columbia
  • Maryland
  • New York
  • Massachusetts
 
  • United States Court of Appeals for Second, Fourth and D.C. Circuits
  • United States District Court for the District of Maryland, Massachusetts, Eastern District of New York, and Southern District of New York.

AFFILIATIONS

  • Member, American Bar Association
  • Member, The Barristers
  • Member. Media Law Resource Center Defense Counsel Section
  • Fellow, American Bar Foundation

Recognitions

Chambers USA
  • Nationwide Media & Entertainment Litigation
  • Nationwide First Amendment Litigation
  • District of Columbia Media & Entertainment Litigation
The Best Lawyers in America
  • District of Columbia: Media Law
Washingtonian Magazine’s “Top Lawyers”
  • First Amendment and Media Law