Mark L. Tuft

Mark L. Tuft

Partner
San Francisco Office

415-765-6215
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LEGAL PRACTICE

Partner with Cooper, White & Cooper LLP; principally engaged in professional liability, media law, civil and criminal litigation in federal and state courts.  State-wide practice as ethics counsel to lawyers and law firms on professional responsibility, professional liability, law firm mergers and dissolutions and lawyer discipline.  Arbitrator, special master and mediator on lawyer-client and law firm disputes.


LEGAL EDUCATION


PROFESSIONAL ASSOCIATIONS AND AWARDS


PUBLICATIONS AND TEACHING


RECENT PROGRAMS
  • Panelist, "Inside, Outside: Challenges in Outsourcing, Temporary and Contract Lawyer, and Secondment Arrangements," 2013 Aon Law Firm Symposium, Chicago, IL, October 2013
  • Panelist, "Attorney-Client Confidentiality Under Attack," 86th Annual Meeting of the California State Bar, San Jose, CA, October 2013
  • Panelist, "Really Interesting Legal Ethics Stuff," 86th Annual Meeting of the California State Bar, San Jose, CA, October 2013
  • Speaker, "Social Media and International Law," 86th Annual Meeting of the California State Bar, San Jose, CA, October 2013
  • Speaker, "Navigating the Ethical and Legal Minefields of E-Discovery," SF Legal Forum, City Club, San Francisco, September 2013
  • Panelist, "Ethical Issues Arising from Conflicts of Interest," Tax Section Conference of the American Bar Association, San Francisco, CA, September 2013
  • Panelist, "Not That There's Anything Wrong With That:  Eliminating Bias Against Gay Attorneys," West LegalEdcenter webcast, June 2013
  • Panelist, "Ethical Considerations," The Rutter Group, 2013 Advanced Family Law Course, Los Angeles, CA, August 2013
  • Speaker, "Ethics, Lies & Videotape: Lessons From Hollywood," North American South Asian Bar Association, 2013 Annual Convention, June 2013
  • Speaker, AIMRRG Luncheon, "Choice of Law Issues for California Lawyers - How Lawyers and Law Firms Practicing in California Deal with Choice of Ethics Law Issues in Cross Border Practice and the Effect of Recent Amendments to the ABA Model Rules," Los Angeles, CA, June 2013
  • Moderator, "Confidentiality and Attorney-Client Privilege," 39th ABA National Conference on Professional Responsibility, San Antonio, TX, May 2013
  • Panelist, "What You Need to Know About the Impact of ABA Model Rules 1.18 on Prospective Client Conflicts, and an Update on Former Client Conflicts," 12th Annual Legal Malpractice & Risk Management Conference, Chicago, March 2013.
  • Speaker, "What Firms Are Doing, and Can Do, to Assure That Their Lawyers Understand and Comply with the Rules of Professional Conduct," AIM PRRM Seminar, Century City, CA, January 2013
  • Speaker, "Current Developments in Legal Ethics-Substance Abuse- Elimination of Bias in the Profession," PLI's California MCLE Marathon Program 2012, San Francisco, CA, December 2012
  • Panelist, "Conflicts of Interest Disclosure and Consent," 2013 Seminar, The Rutter Group, Sherman Oaks, CA, October 30, 2012
  • Panelist, "Hot Topics in Legal Ethics 2013 Seminar," The Rutter Group, Sherman Oaks, CA, October 30, 2012
  • Panelist, ALAS/AON, Large Law Firm Conference, "yours, Mine and Ours: Law Firm Property Disputes," New Orleans, LA, October 2012
  • Panelist, ABA Journal podcast, "Diversify or Die: How Adding Ancillary Businesses Can Get Your Firm Through Tough Times," June 2012
  • Program Leader, "So You Think You're Up-To-Date on Attorney-Client Privilege and Confidentiality," 38th ABA National Conference on Professional Responsibility, Boston, MA, May 2012
  • Speaker, "The Law Governing Lawyers 2011-2012: The Year In Review," The Bar Association of San Francisco, April 2012
  • Panelist, Webinar re: Privilege in Investigations, California Association of Workplace Investigators, Inc., San Francisco, CA, February 2012
  • Chair, "Current Developments in Legal Ethics - Substance Abuse - Elimination of Bias in the Profession," PLI's California MCLE Marathon Program 2011, San Francisco, CA, December 2011
  • Moderator, "Confidentiality, Attorney-Client Privilege and Work Product," The Rutter Group, Universal City, CA, November 2011
  • Panelist, "Hot Topics in Legal Ethics 2012," The Rutter Group, Universal City, CA, November 2011
  • Speaker, "Developments in Legal Ethics for Today's Intellectual Property Lawyer," Intellectual Property Law Institute 2011, San Francisco, CA, October 2011
  • Co-panelist, "Really Interesting Legal Ethics," State Bar Annual Meeting, Long Beach, CA, September 2011
  • Speaker, The Rutter Group, 2011 Advanced Family Law Course, "Ethical Considerations"
  • Moderator, "So You Think You're Up-to-Date on Attorney-Client Privilege and Confidentiality," 37th ABA National Conference on Professional Responsibility, Memphis, TN, June 2011
  • Speaker, "Practical Ethical Issues for Lawyers in a Rapidly Changing Legal Environment," Bernard E. Witkin Memorial Symposium, Oakland, CA, May 2011
  • Panelist, "Ethics in Limbo: Practical Issues for Lawyers as Changes in the Law Regulating Lawyers Continue," 15th Annual California State Bar Ethics Symposium, University of California, Irvine, CA, April 2011
  • Panelist, "Ethical Issues Facing Outside/In-House Counsel in the Environmental Context, " PLI-Environmental Regulation 2011 Managing in the Face of Rapid Change, Practising Law Institute, San Francisco, CA, April 2011
  • Speaker, "Ethics and Workplace Investigations," CAOWI Webinar program, Oakland, CA, April 2011
  • Panelist, "Effective Law Firm Marketing int the 21st Century," The Rutter Group, San Francisco and Los Angeles, CA, April 2011
  • Speaker, "A Practical Approach to Conflicts of Interest for California Lawyers," Monterey County Women Lawyers Association and Monterey College of Law, Monterey, CA, March 2011
  • Speaker, "Ethics for Estate Planning Lawyers," Contra Costa County Bar Association and Mechanics Bank, Dean Lesher Center for the Arts, Walnut Creek, CA, March 2011
  • Panelist, "APRIL and the ABA Ethics 20/20 Initiative: Opportunities and Challenges," Association of Professional Responsibility Lawyers, 2011 Midyear Meeting, Atlanta, GA, February 2011
  • Speaker, "The Law Governing Lawyers 2010-2011: The Year in Review," Bar Association of San Francisco, Legal Ethics Committee, San Francisco, CA, January 2011
  • Panelist, "Significant Developments in Lawyer Law," Beverly Hills Bar Association, Beverly Hills, CA, January 2011
  • Chair, "Latest Issues in Legal Ethics, Substance Abuse-Elimination of Bias in the Profession," PLI's California MCLE Marathon Program 2010, San Francisco, CA, December 2010
  • Speaker, "Ethical Issues in Licensing," PLI's Symposium on Understanding the IP License 2010, San Francisco, CA, December 2010
  • Speaker, "Ethics for Estate Planning Lawyers, Part II". Bar Association of San Francisco, The Estate Planning, Probate and Trust Section, San Francisco, CA, December 2010
  • Speaker, "The Current and Future State of the Law Governing Lawyers in California," MCLE Spectacular, Contra Costa County Bar Association, Walnut Creek, CA
  • Panelist, "Ethical Walls and Screening in California," ALM Media, San Francisco, CA, November 2010
  • Panelist, "Legal Ethics 2011:  New Risks-New Rules-New Solutions," The Rutter Group, Sherman Oaks, CA, November 2010
  • Panelist, "Lawyers Performing WOrkplace Investigations:  Avoiding Traps for the Unwary," California Association of Workplace Investigators, Inc., First Annual Conference, Oakland, CA, November 2010
  • Panelist, "Navigating the Legal and Ethical Minefields of E-Discovery," SF Legal Forum, City Club, San Francisco, CA, November 2010
  • Speaker, "Ethics for Estate Planning Lawyers," The Southern California Tax & Estate Planning Forum, San Diego, CA, November 2010
  • Panelist, "Will Nonconsensual Screening Avoid Vicarious Disqualification for Lawyers and Law Firms in California?"  Thomson Reuters Legal Ed Center Webcast, October 2010
  • Panelist, "Really Interesting Legal Ethics Stuff," 83rd Annual Meeting of the California State Bar, Monterey, CA, September 2010
  • Speaker, "What Law Librarians Need to Know About Lawyer Ethics," Council of California County Law Librarians, Monterey, CA, September 2010
  • Speaker, "Ethical Considerations for Counsel and Fiduciary Obligations Between Partners," Law Seminars International, San Francisco, CA, September 2010
  • Panelist, "Ancillary Businesses: What Hat Are You Wearing Today--Lawyer of Entrepreneur?," Association of Professional Responsibility Lawyers, Annual Meeting, San Francisco, CA, August 2010
  • Panelist, "Understanding Conflict Waivers - Their Rules, Scope and Effect," American Intellectual Property Law Association, 2010 Spring Meeting, New York, NY, May 2010
  • Speaker, "Ethics for Estate Planning Lawyers," Bar Association of San Francisco, The Estate Planning, Probate and Trust Section, San Francisco, CA, May 2010
  • Panelist, "Rules Revision Commission:  New Rules for a New Decade?" 14th Annual State Bar Ethics Symposium, San Francisco, CA, May 2010
  • Panelist, "The Nationalization and Globalization of Legal Ethics adn Lawyer Regulation," Association of Professional Responsibility Lawyers, 20th Anniversary Program, New Orleans, LA, April 2010
  • Speaker, "The New Model Rule Revisions for Screening Lateral Attorneys adn Related Conflict of Interest Topics," Board of Directors, Attorneys Insurance Mutual Risk Retention Group, Inc., San Francisco, CA, January 2010
  • Panelist, "Legal Ethics & Professionalism," CLE Europe, 18th Annual London MCLE Fair, London, England, January 2010
  • Chair, "Latest Issues in Legal Ethics - Substance Abuse - Elimination of Bias in the Profession," PLI's California MCLE Marathon Program 2009, San Francisco, CA, December 2009
  • Speaker, "Laterals and Conflicts:  A New Look at ABA Rule 1.10, PilotLegis Insurance Conference, Las Vegas, NV, November 2009
  • Panelist, "Legal Ethics 2010," The Rutter Group, Sherman Oaks, CA, November 2009 
  • Panelist, "The Legal Services Market:  Strategies and Efficiencies to Deliver More for Less," Lawyers Beyond Borders and Practicing Law in the Electronic Age, the Joseph G. Miller and William C. Becker Institute for Professional Responsibility Inaugural Symposium, University of Akron, Akron, OH, October 2009
  • Speaker, Commercial Law & Bankruptcy Section, San Francisco Bar Association, "Ethical Issues in the Insolvency Context," San Francisco, CA, September 2009
  • Panelist, Conference of California Bar Associations, "Justice and National Security," San Diego, CA, September 2009
  • Panelist, West Publishing Company, Legal Ethics Webcast, "Conflicts of Interest for Lawyers Practicing in California," San Francisco, CA, June 2009
  • Speaker, CEB Videotape Program, "Conflicts of Interest," Oakland, CA, June 2009
  • Speaker, CEB Videotape Program, "Attorney's Fees and Fee Agreements," Oakland, CA, June 2009
  • Panelist, San Francisco Law Firm Risk Management Roundtable Discusion, "Lessons from the Fall:  Risk Management Strategies for Surviving and Propsering Through Recessionary Times," San Francisco, CA, May 2009
  • Speaker, "Considerations for the Wetland Practitioner," California Wetlands 9th Annual SuperConference, San Francisco, CA, February 2009
  • Speaker, "The Law Governing Lawyers 2008-2009:  The Year in Review," Bar Association of San Francisco, San Francisco, CA, January 2009
  • Chair, "Latest Issues in Legal Ethics - Substance Abuse - Elimination of Bias in the Profession," PLI's California MCLE Marathon Program 2008, San Francisco, CA, December 2008
  • Panelist, "Attorney Fees 2009," The Rutter Group, Sherman Oaks, CA, November 2008
  • Panelist, "Legal Ethics 2009," The Rutter Group, Sherman Oaks, CA, November 2008
  • Panelist, "Really Interesting Lawyer Stuff:  Ethics and Legal Malpractice," State Bar of California Meeting, Monterey, CA, September 2008
  • Panelist, "Attorney-Client Confidentiality Under Attack," State Bar Annual Meeting, Monterey, CA, September 2008
  • Panelist, "Avoiding Ethical Maelstroms for Media Lawyers," 2008 NAA/NAM/MLRC Media Law Conference, Chantilly, VA, September, 2008
  • Panelist, "How to Take Advantage of the Teachable Moment Presented by the Qualcomm Proceedings," ABA National Legal Malpractice Conference, San Francisco, CA, September 3-5, 2008
  • Panelist, "Serious Money:  The Risks of Engaging in Business Transactions," ABA National Legal Malpractice Conference, San Francisco, CA, September 3-5, 2008
  • Panelist, "Conflicts of Interest-Year in Review," ABA National Conference on Professional Responsibility (ABA Center on Professional Responsibility), Boston, MA, May, 2008
  • Panelist, "Legal Frontiers in Digital Media," Stanford University, May 15-16, 2008
  • Panelist, "Rules Revision Update," 12th Annual State Bar Ethics Symposium, University of San Francisco School of Law, May 3, 2008
  • Panelist, "Attorney-Client Privilege and Professional Responsibility," DOECAA Spring Conference, Stanford University, Palo Alto, CA, May 1, 2008
  • Panelist, "Class Action Ethical Developments," Bar Association of San Francisco, Labor & Employment Section, Yosemite, February 22, 2008
  • Moderator, "Making the Call on Material Limitation Conflicts," Association of Professional Responsibility Lawyers, ABA Mid-Year Meeting, Los Angeles, CA, February 8, 2008
  • Teleseminar, "Why Didn't the Court Enforce Your Agreement?" ABA Teleconference, January 31, 2008
  • Speaker, "Professional Responsibility: The Year in Review," Contra Costa Bar Association Litigation Section, Walnut Creek, CA, January 16, 2008
  • Speaker, "The Law of Lawyers-The Year in Review," Bar Association of San Francisco, CA, January 15, 2008
  • Speaker, "Legal Ethics for Government Lawyers," CLE International Second Annual SuperConference on California Wetlands, Sacramento, CA, January 14-15, 2008
  • Panelist, "Really Interesting Lawyer Stuff," California State Bar 80th Annual Meeting, Anaheim, CA, September 28, 2007
  • Chair, PLI MCLE Marathon Program, San Francisco, CA, December 2007
  • Co-panelist, The Rutter Group, "Legal Ethics 2007 and 2008", Sherman Oaks, CA, November 1, 2007
  • MCLE Speaker, In-House Training Program for Attorneys Employed by the Department of Industrial Relations, San Francisco, Los Angeles, and Sacramento (2007)
  • Speaker, "Ethical Considerations for Insurance Coverage Counsel," Safeco Insurance Company, Santa Rosa, CA, March 2007
  • Panelist, State Bar Section, Education Inspakerstitute, "Crossborder Mutlijurisdictional Practice Issues," Berkeley, CA, January 2007
  • Speaker, Bar Association of San Francisco, "The Law Governing Lawyers 2006-2007 --  A Year in Review," San Francisco, CA, January 2007

RECENT PUBLICATIONS
  • Paper, "Proposed Changes in the Regulation of Cross-Border Practice and Resolving Choice of Law Issues, New Challenges for Lawyers Practicing in California," The Practicing Law Institute, December 2012
  • Paper, "What's Uncommon About the 'Uncommon Interest' Doctrine," 35th ABA National Conference on Professional Responsibility, May 2012
  • Article, "Do Lawyers in California Owe Former Clients a Duty of Loyalty?", The Practising Law Institute, December 2011
  • Article, "Developments in Legal Ethics for Today's Intellectual Property Lawyer," PLI Intellectual Property Law Institute 2011 p. 915
  • Article, "Attorneys Conducting Workplace Investigations: Avoiding Traps for the Unwary," California Labor & Employment Law "Review," Volume 25, No. 4, July 2011
  • Article, "Developments in Legal Ethics for Today's Intellectual Property Lawyer," PLI Intellectual Propery Law Institute 2011, San Francisco, CA, October 2011
  • Paper, "Choice of Law Issues Under California's Current and Proposed Rules," presented at the 15th Annual Ethics Symposium, State Bar of California, UC Irvine, CA, April 2011
  • Article, (co-authored with Professor Irma Russell), "A Fresh Look at Ethical Obligations for Environmental Lawyers Practicing in California," PLI's Environmental Regulation 2011:  Managing in the Face of Rapid Change, San Francisco, CA, April 2011
  • Article, "Supervising Offshore Outsourcing of Legal Services in a Global Environment:  Re-Examining Current Ethical Standards," 43 Akron Law Review, No. 3, 825 (2010)
  • Paper, "Screening for Conflicts in California," presented at the 34th ABA National Conference on Professional Responsibility, Boston, MA, May 2008
  • Article, "New Ethics Rules Affect You," California State Bar Journal, May 2008
  • Article, "Changes Bring Up Issues for Both Lawyers and the Public," Daily Journal, March 24, 2008
  • Paper, "Frequently Asked Questions About 'Materially Limited' Conflicts of Interest," Association of Professional Responsibility Lawyers, February 2008
  • Article, "The California Rules of Professional Conduct - How We Got Here and Where Are We Going," LA Lawyer Magazine, May 2007
  • Article, "Illuminating the Intersection Between the Litigation Privilege and the Right to Privacy," Media Law Resource Center, MediaLawLetter, May 2007
  • Article, "Ethical Challenges in Emerging Technology," ABA GP Solo Magazine, January 2007
  • Article, "Internet Communications with Prospective Clients: When Disclaimers May Not Be Enough," 2006 Symposium Issue of the ABA Professional Lawyer
  • Article, "Putting Clients First: Ethical Consideration in Disaster Planning and Recovery" ABA GP Solo Magazine, December 2006
  • Article, "Practicing Law in Harm's Way" ABA GP Solo Magazine, December 2006
  • Article, "Maintaining the Client File While Out and About," ABA publication, GPSolo Magazine, June 2006 
  • Paper, "Internet Communications With Prospective Clients – When Disclaimers May Not Be Enough," Center for Professional Responsibility, March 2006

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