Mark Wagoner is the Co-Administrator of the litigation practice group. He has successfully litigated cases in antitrust, franchise, RICO, and securities disputes. He has been included in The Best Lawyers in America® and holds an AV® rating from Martindale-Hubbell. He is a Life Member of the Judicial Conference for U.S. Court of Appeals for the Sixth Circuit.
- 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.
Mark also served in the Ohio General Assembly for eight years. Mark was a State Senator in The Ohio Senate. While in the Ohio Senate, Mark was the Chairman of the Judiciary Committee and was selected by his fellow Senators to serve as Majority Whip. Mark also served as Vice-Chairman of the Senate Finance Committee, a member of the Senate Rules and Reference Committee, a member of the State of Ohio Controlling Board, as a Chairman of the Auto Industry Task Force, and Chairman of the Senate Select Committee on Video Lottery Terminals in Ohio. Prior to his tenure in The Ohio Senate, Mark served in The Ohio House of Representatives as State Representative, where he was a member of the House Finance Committee, Public Utilities Committee, and Financial Institutions Committee. Mark also served as the legislative Chairman of the Board of the Ohio Tuition Trust Authority, Ohio's 529 college savings plan with over $9 billion in assets, and helped guide the selection for a new executive director, a change in its investment manager, and joint governance with the Ohio Board of Regents.
Mark sponsored several major legislative initiatives, including the creation of Ohio’s public-private economic develop agency, JobsOhio, the revisions to Ohio’s motor vehicle dealer laws in light of the 2008 financial crisis, the first merger of two major state universities in Ohio history, the renewal of the Clean Ohio Fund, the update of Ohio’s dormant mineral lease law being used in the development of Ohio’s Marcellus and Utica natural gas fields, the adoption of the Ohio Trust Code, and the revisions to Ohio's partnership laws. Mark has also helped to write the major franchise laws in Ohio, including the revisions to the Ohio Business Opportunity Plan Act. He helped to draft the amendment to the Ohio Constitution to enable passage of the Great Lakes Compact. Mark received numerous awards for his legislative work, including the Ohio Association of Justice "Legislator of the Year," the Council of State Government Toll Fellowship, the Ohio Nurses Association “Legislator of the Year,” the Ohio Convention and Visitors Bureau’s “Legislator of the Year,” the Vietnam Veterans of Ohio "Legislator of the Year," and the Lifeline of Ohio “Legacy Award” for his work on organ donation. Mark has also been named an Ohio Commodore by the Governor of Ohio and a Kentucky Colonel by the Governor of Kentucky. He was an Ohio Delegate to the 2008 to the Republican National Convention, and an Honorary Ohio Delegate to the 2012 and 2016 Conventions. He is currently an elected member of the Ohio Republican Party State Central Committee.
Mark has been appointed as special counsel by the Ohio Attorney General in a variety of matters on behalf of the State of Ohio. Mark currently serves as Chairman of the Ohio Military Facilities Commission and as one of twenty public members of the Ohio Constitutional Modernization Commission. Mark has been appointed three times as a delegate to the Judicial Conference of The United States Court of Appeals for the Sixth Circuit. Mark is a three-time recipient of the Toledo Bar Association’s Pro Bono Service Award.
Mark is a cum laude graduate of Georgetown University and The Ohio State University College of Law, which recognized him with its Outstanding Recent Alumni Award. While in law school, Mark was on the Managing Board of the Ohio State Law Journal and served as President of the Student Bar Association.
Mark is active in the community having served on several boards, including the Rutherford B. Hayes Presidential Library and Museums, the National Museum for the Great Lakes, the National Statuary Collection Commission, the Ohio Legal Assistance Foundation, the Ottawa Hills School Foundation, and the Valentine Theater. He was also appointed by the President of the Ohio State Bar Association to a special task force regarding judicial elections in Ohio. He is a member of the American, Ohio, and Toledo Bar Associations.