Summary

Mark focuses his practice on business disputes and personal injury litigation, with a particular expertise in the areas of wrongful death, products liability, competitive practices/unfair competition, insurance, construction litigation and intellectual property litigation. Based in Taft’s Cincinnati and Northern Kentucky offices, Mark has been lead trial counsel in 40 jury and bench trials (including representing the plaintiff in one of the largest punitive damages jury verdicts in a commercial dispute in Kentucky). Mark is recognized in Best Lawyers in America in commercial litigation and corporate law and in Ohio Super Lawyers in business litigation. He is also listed as one of Cincy magazine’s Leading Lawyers. Prior to joining Taft, Mark was the managing partner of another Cincinnati firm, as well as a member of that firm’s management committee.

Mark plays an active role in the greater Cincinnati community. A former Campbell County Commissioner, he is a volunteer at The Life Learning Center. Among other honors, Mark has been named to the Tri-State Power 100 list multiple times (published by Cincy magazine), and he has been selected to participate in Leadership Cincinnati Class 33 and the Cincinnati Business Courier “Forty Under 40” program. He received his law degree, cum laude, and did his undergraduate work at Indiana University at Bloomington.

Awards

All Service Areas

Education

  • Indiana University Maurer School of Law - Bloomington (1986)
  • Indiana University (1983)

Admissions

  • Federal - Southern District of Ohio
  • Federal - Northern District of Ohio
  • Federal - 6th Circuit Court of Appeals
  • Federal - Eastern District of Kentucky
  • Federal - Western District of Kentucky
  • State - Ohio
  • State - Kentucky
  • Federal - Eastern District of Michigan

Notable Matters

  • Lead counsel for plaintiff in wrongful death claim, Rust v. Sickle, 1704108, Hamilton County, Ohio.
  • Co-counsel for plaintiffs in drinking water contamination cases, I. DuPont de Nemours and Company, 2:13-md-2433, US District Court, Southern District of Ohio.
  • Lead counsel for plaintiff in wrongful death claim, Crawford v. Bernhardt, 1:17-cv-00463, US District Court, Southern District of Ohio.
  • Lead counsel for plaintiff in medical practice dissolution claim, Emami v. Schiller, A1602606, Hamilton County, Ohio.
  • Lead counsel for plaintiff in medical products breach of contract claim, Haag-Streit v. Alcon Laboratories, 16-CV-88562, Warren County, Ohio.
  • Lead counsel for plaintiff in breach of contract and intellectual property claim, Antiop v. Reckitt Benckiser Pharmaceuticals, 16-CV-00051, US District Court, Eastern District of Kentucky.
  • Co-counsel for defendant in breach of contract and fraud claim, In re: Pilot Flying J. Rebate Litigation, MDL Docket No. 2515, US District Court, Eastern District of Kentucky.
  • Injunction counsel for defendants in employment non-compete claim, Ethicon Endo-Surgery v. Lang and Intuitive Surgical, A1205727, Hamilton County, Ohio.
  • Lead counsel for defendant in wrongful death product liability claim, Collins v. Plug-It Products, 2:12-cv-00190, US District Court, Eastern District of Kentucky.
  • Trial counsel for defendant in construction dispute, Dugan & Meyers v. Corporex, 07-CI-3886, Kenton County, Kentucky.
  • Trial and appellate counsel for defendant in construction dispute, Superior Steel v. Corporex, 08-CI-1309, Kenton County, Kentucky, 2012-CA-000441, Kentucky Court of Appeals, 2017 WL 6380218, Kentucky Supreme Court.
  • Trial counsel for plaintiff in breach of contract claim over control of marketing for Kentucky Fried Chicken, Kentucky Fried Chicken Franchisees v. Kentucky Fried Chicken Corporation, 2010 - C.A. No. 5191-VCS, Court of Chancery, State of Delaware.
  • Trial counsel for defendant in copyright and trademark claim, Jedson Engineering v. Spirit Construction, 1:08-CV-413, US District Court, Southern District of Ohio.
  • Arbitration counsel for defendant in $70M breach of coal supply contract claim, American Coal Company v. Emerald International, 51-198-Y-00058-09, American Arbitration Association.
  • Trial counsel for defendant in wrongful discharge claim, Boon Ping Lim v. R.A. Jones, 07-CI-0001, Kenton County, Kentucky.
  • Trial counsel for defendant in construction product liability claim, Corter v. International Paper, Index No. 4591/06, County of Orange, Supreme Court of the State of New York.
  • Trial counsel for plaintiff in multi-million dollar breach of contract, fraud and trademark claim, GPP v. MTD Products, 1:06-CV-143, US District Court, Southern District of Ohio.
  • Trial and appellate counsel for plaintiff in breach of contract and fraud claim, CDB Bell v. DMR Pizza, 03-CI-3618, Jefferson County, Kentucky and 2007-CA-001608 and 2007-CA-001692, Kentucky Court of Appeals.
  • Injunction counsel for plaintiff in breach of contract claim, Bell County Fire Department v. Bell County Fiscal Court, 6:07-209, US District Court, Eastern District of Kentucky.
  • Trial and appellate counsel for plaintiff in breach of contract and fraud claim, Dan Shirley v. The Estates at Wiedemann Mansion, 95-CI-3221, Campbell County, Kentucky and 2007-CA-001031, Kentucky Court of Appeals.
  • Trial counsel for defendant in wrongful discharge claim, Oakes v. Performance Management Group, A0406142, Hamilton County, Ohio.
  • Arbitration counsel for plaintiff in multi-million dollar breach of contract claim, Eljay v. Precision Tool, Die & Machine, 3:99-CV-400, US District Court, Western District of Kentucky.
  • Trial counsel for plaintiff in $40M breach of contract and fraud claim, Corporex v. Raymond James, 2:98-CV-014, US District Court, Eastern District of Kentucky.
  • Trial counsel for defendant in premises liability claim, Varney v. SuperAmerica, 98-CI-1723, Pike County, Kentucky.
  • Trial counsel for defendant in product liability claim, Haymaker v. Connecticut Valley Arms, 97-28, US District Court, Eastern District of Kentucky.
  • Trial counsel for defendant in multi-million dollar product liability claim, Marksberry v. Sears, Roebuck, 89-CI-860 and 90-CI-332, Boone County, Kentucky.
  • Trial counsel for plaintiff in breach of contract and fraud claim, Muncy v. Provident Life, 95-CI-3221, Fayette County, Kentucky.
  • Trial counsel for defendant in personal injury claim, Ungerbuehler v. McMenama, 94-CI-2175, Fayette County, Kentucky.
  • Injunction and appellate counsel for defendant in construction bid dispute over Kenton County Courthouse Project, Wessels v. Corporex, 96-CI-2041, Kenton County, Kentucky, Kentucky Court of Appeals and Kentucky Supreme Court.
  • Injunction counsel for plaintiff in employment non-compete claim, Snow Filtration v. Cliatt, 1:96-00279, US District Court, Southern District of Ohio.
  • Trial counsel for defendant in multi-million dollar product liability claim, Brown v. Palm Pools, 94-CI-0542, Warren County, Kentucky.
  • Trial counsel for plaintiff in personal injury claim, Cantell v. Kees, A9310088, Hamilton County, Ohio.
  • Trial counsel for defendant in premises liability claim, Gary v. SuperAmerica, 95-CI-1148, Fayette County, Kentucky.
  • Trial co-counsel for defendant in multi-million dollar product liability claim, Stanley v. Clark Forklifts, 92-CI-4319, Fayette County, Kentucky.
  • Trial counsel for defendant in breach of contract claim, Gallmann v. Mathis, 90-CI-202, Russell County, Kentucky.
  • Trial counsel for plaintiff in multi-million dollar product liability claim, Maxedon v. Volkswagen, 90-CI-028, Jessamine County, Kentucky.
  • Trial counsel for defendant in product liability claim, Howell v. Heinz Pet Products, 91-291, US District Court, Eastern District of Kentucky.
  • Trial counsel for defendant in construction product liability claim, Clycan Alpha v. Facile Technologies, 89-CI-2268, Fayette County, Kentucky.
  • Trial counsel for defendant in wrongful death medical malpractice claim, Holts v. HealthAmerica, 87-CI-4002, Fayette County, Kentucky.
  • Trial counsel for defendant in breach of contract claim, National By-Products, Inc. v. Miles Pope, 86-207 and 86-397, US District Court, Eastern District of Kentucky.
  • Trial and appellate counsel for plaintiff in premises liability claim, Wallingford v. Kroger, 85-CI-0008, Mason County, Kentucky and 761 S.W.2d 621, Kentucky Court of Appeals.

Speeches and Publications

  • "Metadata Made Simple" and "Reviewing and Producing Electronic Evidence," NBI, Inc. Seminar, Cincinnati, OH, August, 2018
  • "Local Practice Tips in Personal Injury Cases" and "Current Developments in Ohio Personal Injury Law," NBI, Inc. Seminar, Cincinnati, OH, June, 2018
  • "Wrongful Death Litigation: Start-to-Finish," NBI, Inc. Seminar, Cincinnati, OH, June, 2017
  • OSBA Annual Ohio Legal Forum – "Introducing Your Case: Strategies for an Impactful and Effective Opening Statement," Cincinnati, OH, April, 2016
  • "Dirty Litigation Tactics: How to Deal with the 'Rambo' Litigator," NBI, Inc. Seminar, Columbus, OH, July, 2015
  • "Legal Ethics, Professionalism and Substance Abuse for the Ohio Practitioner – How to Avoid Grievances," NBI, Inc. Seminar, Cincinnati, OH, December, 2012
  • "Preparing for Voir Dire," NBI, Inc. – Live Teleconference, June, 2012
  • "Dirty Litigation Tactics: How to Deal with the 'Rambo' Litigation," NBI, Inc. Seminar, Columbus, OH, April, 2012

Professional Affiliations

  • American Bar Association Member
  • Cincinnati Bar Association Member
  • Kentucky Bar Association Member
  • Leadership Cincinnati Graduate
  • Ohio State Bar Association Member, Litigation Section Council and Senior Lawyer Section

Community Involvement

  • Campbell County Former Commissioner
  • Contemporary Arts Center Board Member
  • Covington Catholic High School Former Board Member
  • Faith Community Pharmacy Former Board Member
  • Llanfair Retirement Community Former Advisory Board Member
  • The Life Learning Center

    Former Board Member and Current Volunteer

  • University of Kentucky Law School Former Adjunct Professor of Law, Legal Writing and Oral Advocacy