Mark Wagoner

Partner, Litigation and Disputes Regional Service Line Leader

As an accomplished trial attorney, former Majority Whip and Chair of the Judiciary Committee of the Ohio Senate, a board member and finance committee chair of a billion-dollar health company, and former chair of a major urban political party, Mark brings that multifaceted experience to resolving his clients most difficult legal, business, and political problems.

Mark specializes in antitrust issues (including both criminal and civil matters), shareholder control disputes, and complex business litigation, including class actions. Mark has secured seven figure recoveries for his clients, as well as defeated bet-the-company claims against them. As detailed in his Representative Matters, Mark has successfully litigated major cases in federal and state courts and arbitrations throughout the Midwest. Mark has also been designated as Special Counsel for the Ohio Attorney General to handle complex litigation on behalf of the State of Ohio. He serves as a Co-Administrator of the Litigation department.

Furthermore, Mark counsels clients on premerger notification compliance under the Hart-Scott-Rodino (HSR) Act, and prepares HSR filings for submission to the Federal Trade Commission (FTC) and Department of Justice (DOJ).

In addition to his litigation practice, Mark is the founder of Shumaker Advisors, the firm’s multistate and federal government affairs practice, and serves as Chairman of Shumaker Advisors Ohio. His public policy experience is wide-ranging, from drafting major pieces of legislation, such as the legislation that created 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 has also served as one of twenty public members of the Ohio Constitutional Modernization Commission and as one of Ohio’s eighteen Presidential Electors in the Electoral College. Mark has been designated an Ohio Commodore by the Governor of Ohio, and serves as an elected member of the Ohio Republican Party State Central Committee.

Mark is also active in improving his community and legal profession. U.S. Senators Portman and Brown have appointed Mark as a member of the Bipartisan Judicial Advisory Commission to assist the Senators in identifying and screening candidates for vacancies on the U.S. District Courts for the Southern and Northern Districts of Ohio. He is an active member of the American Bar Association and Ohio State Bar Association Antitrust Sections, a Lifetime Member of the Sixth Circuit Judicial Conference of the U.S. Court of Appeals, the Michigan Bar Association, and the Toledo Bar Association. He is a former or current board member of the Ohio Access to Justice Foundation, Rutherford B. Hayes Presidential Library and Museum, National Museum of the Great Lakes, and the Ottawa Hills School Foundation.

  • 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.