Summary

Mark is a partner in Taft’s Commercial Litigation group and brings nearly 25 years of experience to his practice. Honored with multiple recognitions on a national and regional level, Mark has a strong track record of client success. His expertise includes the representation of clients faced with complex commercial disputes, class action litigation, construction disputes, and fiduciary/trustee disputes.

From his practice in Louisville, Mark counsels clients ranging from small local businesses to Fortune 500 companies, and he has substantial experience handling cases and trials before state and federal courts.

Business Litigation: For corporate clients, Mark provides representation in sophisticated cases that include fiduciary and commercial disputes, among other issues. He has litigated cases involving commercial goods valued in excess of fifty million dollars.

Trusts & Estate Litigation: Mark’s strengths as a litigator extend to disputes over family and trust assets. Mark frequently represents corporate trustees and family members in disputes involving claims such as breach of fiduciary duty, undue influence, mental capacity, duress, and more.

Construction Law: Mark supports business owners, developers, and contractors in matters involving construction disputes and frequently counsels clients at the negotiation phase of projects.

Banking Litigation: Mark routinely provides representation for bank clients involved in lending-related disputes, such as breach of fiduciary duty and fraud.

Before joining Taft, Mark was a partner at a regional law firm, where he served as co-chair of the Construction Law practice group and chair of the Trust and Estate Litigation practice group and firmwide Business Development Committee.

Awards

  • AV® Preeminent™ Peer Review Rated, Martindale-Hubbell®

  • Honoree, Best Lawyers in America®, Commercial Litigation (2014 – present)

  • Honoree, Kentucky Super Lawyer®, Business Litigation (2013 – present)

  • Honoree, Top Lawyer in Louisville (2013 – present)

  • Honoree, Top Litigator Under 40, Benchmark Litigation (2016 – 2017)

  • Honoree, Louisville Magazine Top Lawyer (2012)

  • Honoree, Business First’s Forty Under 40 (2010)

All Service Areas

Education

  • University of Kentucky College of Law (2001)
  • University of Kentucky (1998)

    B.B.A.
    magna cum laude

Admissions

  • State - Kentucky
  • Federal - Eastern District of Kentucky
  • Federal - Western District of Kentucky
  • State - Kentucky Court of Appeals
  • Federal - U.S. Supreme Court

Notable Matters

  • Success in Construction Litigation – Successfully obtained a complete dismissal for a client in a multi-million dollar apartment construction litigation case in Ohio. After reviewing the complaint, the team saw an early opportunity to file a motion to dismiss all claims alleged by the plaintiff against the client. The Ohio court agreed with the reasoning set forth in the briefing and granted the motion to dismiss in its entirety resulting in the complete dismissal of the client from the action, leaving the other corporate defendants to defend themselves against the plaintiff’s claims.
  • Construction Claim by Developer – In one of Louisville’s up-and-coming neighborhoods, a developer was left with a defective venue, resulting in the legal team filing a lawsuit on behalf of the developer client against several subcontractors, and arbitration was initiated against the general contractor. Issues included improper design, failure to adhere to specifications, and generally poor workmanship. After investigation and discovery, the team successfully settled the matter on terms that resulted in the developer recovering nearly 20% of its purchase price back from the contractors.
  • Construction Claim by Homeowner – After a construction remediation project left the homeowners with a terrible odor in their home, the legal team filed a lawsuit on behalf of the homeowners against the general contractor and a subcontractor, among other defendants. The lawsuit was settled on extremely favorable terms for the client, recovering over $500,000 in their favor, which was actually greater than the appraised value of the home.
  • Breach of Fiduciary Duty Defense – Successfully served as lead counsel in defense of a majority business owner against claims of breach of fiduciary duty and judicial dissolution. The company was not dissolved and the client received a favorable buyout before any discovery occurred.
  • Successful Separation of Dentistry Practice – Served as lead counsel in navigating the separation of a dentistry practice on terms that were favorable to the client in a fiduciary dispute.
  • Successful Jurisdictional Defense for Manufacturing Client – Successfully challenged the personal jurisdictional grounds for a lawsuit brought in federal court against a larger steel supplier. After complete briefing by multiple parties, the federal court dismissed the client from the lawsuit on personal jurisdiction grounds.
  • Construction Litigation Pursuit – Successfully recovered a substantial amount of money on behalf of the client, an owner of senior care facility, in a construction defect case. The team filed claims on behalf of the client against the general contractor, subcontractors, and suppliers, ultimately settling on confidential terms that provided a net recovery close to the client’s demand for recovery.
  • Construction Litigation Defense – Defended a general contractor in claims brought by the owner relating to a multi-billion dollar project in Canada involving the construction of a hydroelectric generating facility. Litigation took three years but after multiple settlement negotiations, the client successfully settled the case for a fraction of the amount demanded by the owner.
  • Successful Recovery Against Family’s Personal Trustee in Breach of Fiduciary Duty Case – After two beneficiaries suspected wrongdoing by their brother-trustee, the team pursued claims on behalf of the two beneficiaries, including misappropriation and conversion. After investigating the actions of the brother-trustee, the team negotiated a settlement on behalf of the clients to receive over three times the amount they were set to receive under the testamentary documents.
  • Successful Recovery of Trust Assets for Beneficiaries – Mark represented six beneficiaries against three “claimed” beneficiaries who sought to invalidate a trust provision that would effectively disinherit Mark’s clients. After litigating the case in district and circuit court, a negotiated settlement resulted in the six beneficiaries receiving a multi-million dollar recovery.
  • Successful Separation of Podiatrist Practice – Successfully negotiated the separation of a podiatrist practice on extremely favorable terms to the client who had faced allegations of breach of fiduciary duty.
  • Successful Estate Recovery for Non-Profit Organization – Lead counsel in lawsuit involving dispute over gift to non-profit organization from a decedent’s estate. Successfully negotiated a settlement for the non-profit client that resulted in the client receiving nearly the entire gifted amount.
  • Defense of Alleged Breach of Fiduciary Duty in an LLC – Defended the majority member of a medical billing company from multiple claims of usurping corporate opportunities and breach of fiduciary duty. Counterclaims were filed against the plaintiffs alleging breach of fiduciary. The case was quickly settled on favorable terms to the client, resulting in the majority member being the sole owner of the company.
  • Defense of Majority Shareholder Against Breach of Fiduciary Duty Charges – Defended a majority shareholder against multiple claims of breach of fiduciary duty, self-dealing, and fraud stemming from multiple construction and land use projects. The case was litigated over the course of four years, with the plaintiffs eventually agreeing to settle the dispute for a small fraction of their demand.
  • Probate of Holographic Will – Successfully settled a case on behalf of beneficiaries to a holographic will for a $4.5 million estate where the probate court had originally declined to admit the will to probate.
  • Major Electric Transmission Project – Collaborated with a longtime electric utility client to plan and coordinate the acquisition of more than 100 parcels of real estate in three counties for a 41-mile electric transmission line. The representation began in the early planning stages of the project and carried through agreed-upon acquisitions, challenges to the right to condemn, appeals, and valuation litigation.
  • Nuisance Claims – Represented several land owners being sued by neighboring property owners both individually and as a class for an alleged nuisance related to odors emanating from hog barns. The plaintiffs claimed that the odors unreasonably interfered with their enjoyment of property. The case was before the United States District Court for the Western District of Kentucky where it ultimately settled just before trial. Powell v. Tosh, No. 5:09-CV-00121-TBR-DW (W.D. Ky.).
  • Premises Liability: Alleged Negligent Failure to Maintain Safe Business Premises – Obtained a Summary Judgment dismissal on behalf of a manufacturing client, based upon Kentucky’s “Up the Ladder” defense. Plaintiff truck driver, who had slipped and fallen, claimed that the premises were not appropriately maintained.
  • Motor Vehicle Accident: Alleged Negligent Maintenance of Street Light – Obtained a unanimous defense jury verdict on behalf of a public utility. The plaintiff claimed that the utility failed to properly maintain a street light, which caused a motor vehicle accident. This is the first and only case of its kind to be tried to a jury in Kentucky, subsequent to decision by Kentucky Supreme Court allowing such causes of action.
  • Product Liability: Negligent Design, Manufacture, and Maintenance of Heavy Equipment – Successfully represented the estate, widow, and children of a farm employee killed while operating heavy machinery. Matter settled for policy limits prior to filing suit.

Speeches and Publications

  • Presenter, “The Probate Process from Start to Finish,” National Business Institute (2021)
  • Presenter, “Hemp Industry Seminar” (2019)
  • Presenter, “Kentucky Employment Law Update Seminar” (2007)

Professional Affiliations

  • American Bar Association
  • Kentucky Bar Association
  • Louisville Bar Association
  • American Inns of Court

    Barrister Member of the Brandeis Chapter (2007 – 2010)

Community Involvement

  • Zoom Group

    Former Chairman of the Board

  • Actors Theatre

    Former Board Member

  • Habitat for Humanity

    Representative, Buildable House Program

  • Legal Aid

    Volunteer, “Ask a Lawyer” Program

  • Leadership Louisville

    Class of 2011