Mark Wagoner

Partner, Litigation Practice Co-Administrator

Serving as a bridge between the public and private sector, Mark helps guide colleagues and clients alike through the complex maze at the intersection of law, public policy, business, and politics. Clients come to Mark for their most challenging problems where he uses his creativity and skill to help solve them. As the co-administrator of the Litigation Practice group, clients draw on his more than two decades of experience. This, paired with his understanding that government can serve as both a powerful agent for the common good, as well as a paralyzing force that can stifle progress and growth, allows him to successfully litigate cases in antitrust, franchise, racketeer influenced and corrupt organizations (RICO), and securities disputes.

 

  • 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 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. 

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