- Food & Agribusiness
- Life Sciences & Pharmaceuticals
- Agribusiness Finance
- Antitrust & Unfair Competition
- Business Litigation
- Class Action
- Consumer Fraud Litigation
- ERISA/Employee Benefits Litigation
- Securities Litigation
|Contact Info||Telephone: 314.480.1802|
|University ||Oberlin College, A.B., 1972|
|Law School||Washington University School of Law, J.D., 1977 Order of the Coif, Washington University Law Quarterly, Editor-in-Chief|
|Admitted||1977, Missouri; 1978, U.S. District Court, Eastern District of Missouri; 1979, U.S. Court of Appeals, Eighth Circuit; 1984, U.S. Court of Appeals, Sixth Circuit; 1985, U.S. Court of Appeals, Fifth Circuit; 1986, U.S. Court of Appeals, Tenth Circuit; 1987, U.S. Court of Appeals, Ninth Circuit; 1988, U.S. District Court, Southern District of Illinois; 1988, U.S. Supreme Court; 1989, U.S. District Court, Western District of Missouri; 1990, U.S. Court of Appeals, Seventh Circuit; 1992, U.S. Court of Appeals, Fourth Circuit; 1993, U.S. Court of Appeals, District of Columbia Circuit; 1994, U.S. Court of Appeals, Federal Circuit; 1999, U.S. Court of Appeals, Third Circuit; 2001, U.S. Court of Appeals, Eleventh Circuit; 2004, U.S. Court of Appeals, First Circuit; 2004, U.S. Court of Appeals, Second Circuit; 2008, U.S. District Court, Northern District of Florida|
Professional Associations and Memberships
American Health Lawyers Association
•American Law Institute, Life Member, 2014-present
•The Missouri Bar
•Missouri Supreme Court, Civil Rules Committee; Ad Hoc Committee on Expert Discovery Rules
Mark leads clients through all phases of complex litigation as a member of the firm's Food & Agribusiness industry team. His practice primarily consists of antitrust, securities pension and welfare; toxic tort; and product liability matters.
Examples of Mark's industry experience include:
•Patent and patent licensing for Monsanto's seed products.
General litigation representation for Farm Credit entities, including AgriBank, its predecessors and various production-credit associations.
Counseling lenders and buyers of farm products on the enforceability of liens on agricultural products.
He also handles appeals of major cases, interpreting complex federal statutes such as the Employee Retirement Income Security Act (ERISA) and the Racketeer Influenced and Corrupt Organizations Act (RICO). A recent search of Westlaw.com found 118 cases in the Missouri courts and more than 125 published opinions from federal courts in which Mark briefed or argued the case.
In addition, Mark has extensive experience defending class actions. In a case in the U.S. District Court in Minnesota, Mark successfully defeated class certification in borrowers' claims against a lender and mortgage loan broker alleging that the yield spread premium the lender paid the broker constituted illegal kickbacks and fee splitting under the Real Estate Settlement Practices Act (RESPA). In response to the defendants' motion for reconsideration, the district court reversed its earlier decision granting class certification and also granted defendants' motions for summary judgment on the liability issues, dismissing the claims with prejudice.
Awards and Recognitions
The Best Lawyers In America, Appellate Practice, Commercial Litigation, 2001-2014
•Best of CLE Spotlight, MoBar CLE, 2013
•Missouri & Kansas Super Lawyers, Appellate, 2005-2013; Top 100, 2006; Top 50 St. Louis, 2005-2008
•Missouri Pro Bono Wall of Fame, 2012
•The Missouri Bar, W. Oliver Rasch Award for Outstanding Article, 1996
Patent and patent-licensing litigation for Monsanto seed and other agricultural products.
•General litigation representation for Farm Credit entities, including AgriBank, its predecessors and various production-credit associations.
•Obtained a favorable ruling from the U.S. Court of Appeals, Eighth Circuit, that affirmed a lower court order denying remand and class certification in a Class Action Fairness Act (CAFA) lawsuit against Chicago Title Insurance Co.
•Defeated class certification in a major consumer fraud case against national education corporation and one of its subsidiary colleges. Dispute involved statutorily required statistics and other information to prospective students and a demand of more than $20 million to settle the case.
4.01.12 Practical Aspects of Missouri Appeals
1.01.12 17 Missouri Practice Series: Civil Rules Practice, Fourth Edition, Rules 77 to 84
4.15.11 Effective Brief Writing and Oral Argument
Speaking Engagement Springfield, MO
4.01.11 Effective Brief Writing and Oral Argument
Speaking Engagement Kansas City, MO
3.18.11 Effective Brief Writing and Oral Argument
Speaking Engagement St. Louis, MO
2.01.10 DOJ Announces $900,000 Settlement with Smithfield Foods for Gun Jumping
9.01.09 How and Why to Package Claims Under MAI, Journal of the Missouri Bar
3.01.09 How to Series: Appeals
1.01.08 How to Series: Appeals, on the topic of basic appellate practice, The Missouri Bar
10.01.05 Appellate Practice, on the topic of distinctions between practice in federal and state appellate courts, The Missouri Bar
In The News
10.16.13 In Missouri, 76 Husch Blackwell Attorneys Named 2013 Super Lawyers & Rising Stars
8.16.13 Best Lawyers 2014 Names 109 from Husch Blackwell, 13 Lawyers of the Year
Healthcare, Life Sciences & Pharmaceuticals Real Estate, Development & Construction Financial Services Energy & Natural Resources News Release
10.15.12 A Combined 84 Husch Blackwell Attorneys are Named 2012 Super Lawyers and Rising Stars in Missouri and Nebraska
8.23.12 2013 Best Lawyers Includes 106 Husch Blackwell Attorneys in 56 Practice Areas and 7 States
10.19.11 Super Lawyers 2011 Names 71 Husch Blackwell Attorneys from Missouri and Nebraska; an Additional 15 Listed as Rising Stars
9.06.11 More Than 100 Husch Blackwell Attorneys Named to Best Lawyers 2012
10.13.10 Missouri & Kansas Super Lawyers 2010 Names 64 Husch Blackwell Attorneys; An Additional 20 Listed as Rising Stars
2.18.10 Mark Arnold and Virginia Fry Appointed to the Missouri Supreme Court's Committee on Expert Discovery
10.22.09 Missouri & Kansas Super Lawyers 2009 Names 73 Husch Blackwell Sanders Attorneys
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