As an attorney who has served as the Chairman of the Ohio Senate's Judiciary Committee, as the Chairman of the Board of a major health care company, and as the Chairman of a major urban political party, Mark is sought for his representation on complex business, and governmental litigation. He is a rare attorney who is equally comfortable in the courtroom, the boardroom, and the public forum. Mark is a former Chairman of the Antitrust Section of the Ohio State Bar Association and specializes in antitrust issues, including both criminal and civil matters.
Mark also has substantive experience with shareholder control disputes and complex business litigation, including class actions. His record of success in high-stakes jury trials, including:
- Securing not guilty verdicts for the lead defendant against felony charges brought by the U.S. Department of Justice's Antitrust Division alleging bid rigging and price fixing in U.S. Army contracts. Press accounts referred to his closing argument as a "tour de force" and the "final nail in the coffin" of the prosecution's case
- Being recognized as one of Ohio's top constitutional litigators, with the distinction of representing the Governor of Ohio, the Ohio Secretary of State, the President of the Ohio Senate, and a former Speaker of the Ohio House of Representatives in federal and state courts
- Being recognized as Appellate Lawyer of the Year by Best Lawyers in America in 2021 when he was part of a team that reversed a preliminary injunction in the U.S. Court of Appeals for the Sixth Circuit in a decision now widely cited on the duty to deal with competitors under antitrust laws.
Mark is the founder of Shumaker Advisors, the firm's multistate and federal government affairs practice, and serves as Chairman of Shumaker Advisors Ohio. He has extensive public policy experience, from drafting major pieces of legislation, including the creation of Ohio's economic development agency JobsOhio, to chairing major statewide efforts such as the Ohio Military Facilities Commission, National Statuary Hall Commission, and the Ohio General Assembly Auto Revitalization Task Force. He also served as one of 20 public members of the Ohio Constitutional Modernization Commission and as one of the State of Ohio's 18 Presidential Electors in the Electoral College. The Governor of Ohio has named Mark an Ohio Commodore.
U.S. Senators Rob Portman and Sherrod Brown appointed Mark to serve as a member of the Bipartisan Judicial Advisory Commission to assist in filling vacancies on the U.S. District Courts for the Southern and Northern Districts of Ohio. The Chief Judge of the U.S. Court of Appeals for the Sixth Circuit appointed Mark as one of the three Ohio designates to the Life Member Committee to the Sixth Circuit Judicial Conference. The Chief Justice of the Supreme Court of Ohio appointed Mark to a special committee to address reforming state judicial elections. He is a former board member of the Ohio Access to Justice Foundation. Mark has also been engaged in the community, including serving on the boards of the Rutherford B. Hayes Presidential Library and Museum, National Museum of the Great Lakes, the Ottawa Hills School Foundation, and the Culver Academies Parent Association Board.
Education
J.D., with honors, Articles Editor The Ohio State Law Journal, 1996-97, President, Student Bar Association, The Ohio State University Moritz College of Law, 1997
B.A., cum laude, Georgetown University, 1994
Professional Associations
- Paramount Health Care Board of Directors, Chairman
- Toledo Bar Association
- Ohio Bar Association
- American Bar Association
Honors
- AV® Peer Review Rated by Martindale-Hubbell
- Best Lawyers in America, 2013-2024
- Best Lawyers, “Toledo Appellate Practice Lawyer of the Year,” 2022
- Ohio Rising Star by Super Lawyers magazine, 2005 – 2006, 2010-2011
- Toledo Business Journal, “Who’s Who in Toledo Area Law”
- Toledo Bar Association, “Pro Bono Service Award”
- The Ohio State University College of Law, “Outstanding Alumni Award,” 2006
- Ohio Association of Justice “Legislator of the Year”
- Council of State Government, Toll Fellowship
- Ohio Nurses Association "Legislator of the Year"
- Ohio Convention and Visitors Bureau's "Legislator of the Year"
- Lifeline of Ohio "Legacy Award"
Representative Matters
- Resolved criminal antitrust investigation by the United States Department of Justice, which closed its investigation without bringing any charges against client
- Served as lead counsel over whether a national beer manufacturer could terminate its Ohio distributors. Secured a victory for client enjoining the termination, and The United States Court of Appeals for the Sixth Circuit affirmed the decision
- Served as trial counsel in federal jury trial regarding multi-million dollar real estate transaction. Jury returned a complete defense verdict for client
- Served as lead counsel in a federal class action regarding violations of Ohio’s right of publicity. Case settled on very favorable terms after the filing of a motion to dismiss asserting the statutes violated the First Amendment
- Served as lead counsel for nationwide franchisor for theft of trade secret case in federal court. Secured a temporary restraining order within 24 hours, and later had judgment successfully entered requiring defendants to return the stolen trade secrets and disgorge their profits
- Lead trial counsel on behalf of a major American airline in federal bench trial. Judgment entered in favor of client on all claims, and The United States Court of Appeals for the Sixth Circuit affirmed the decision
- Lead trial counsel in successful jury trial in Michigan state court over franchise and distributorship issues
- Trial counsel in federal jury trial in a franchise dispute. Jury entered a verdict for client resulting in significant damages. The decision was recognized by the ABA Annual Franchise and Distribution Update as one of the most significant of the year
- Trial counsel in federal jury trial that resulted in six figure compensatory and punitive damages in favor of client
- Lead trial counsel in complex arbitration over distribution and payment for polyethylene pellets distributed across United States. Substantial award entered in favor of client for full amount owed
- Drafted amicus curiae briefs filed with Supreme Court of Ohio and United States Court of Appeals for the Sixth Circuit on a variety of issues