Mark Silbersack is a Partner in the Litigation Department. Mark's practice focuses on antitrust and product liability litigation and counseling. He has participated in the defense of restraint-of-trade, monopoly, price discrimination, and unfair competition cases. He has served as liaison counsel for defendants in a price-fixing class action and assisted clients in dealing with government investigations. His experience includes internal corporate audits and investigations, class actions, punitive damages, and appellate work. While his practice usually involves consumer products, he also has represented health care providers, medical device companies, and non-profit organizations. Memberships & Affiliations · American Bar Association, Antitrust Section (Health Care, Pricing Conduct, and Compliance and Ethics Committees) · Ohio State Bar Association, Antitrust Section, Chair 2005-2007 · Cincinnati Bar Association, Health Care Committee · City of Cincinnati Human Services Advisory Committee, Co-Chair (2010-present) · Cincinnatus Association, Vice-President · Citizens for Civic Renewal, Board of Directors · Cincinnati Regional USA Chamber of Commerce, Ballot Issues Committee · Children, Inc., President and Board of Directors · United Way of Greater Cincinnati, Community Impact Cabinet and Regional Public Policy Council · Great Lakes Antitrust Institute, Planning Committee Chair Distinctions · Named "Lawyer of the Year" in Cincinnati for Antitrust Law by The Best Lawyers in America®, 2012 · Peer Review Rated AV in Martindale-Hubbell · Listed in The Best Lawyers in America® · Selected as a Cincy Leading Lawyer by Cincy Magazine Experience Anonymous Plaintiff v. Community Medical Center
Anonymous Church
Dispute between Church and community activists over control of hospital Silicone Breast Implant Litigation
Dow Corning Corporation
Representation of leading silicone medical products manufacturer in multimillion dollar, multiple state and federal litigation, including MDL, involving issues of strict liability, negligence and failure to warn Indian Coffee v. Procter & Gamble
The Procter & Gamble Company
Predatory pricing and Robinson-Patman price discrimination Kottmyer v. Maas Appellate Briefing
Children's Hospital Medical Center
Claim based on report of suspected child endangerment to child welfare authorities Werden v. Children's Hospital Medical Center Appellate Briefing
Children's Hospital Medical Center
Medical malpractice claim Class Action Plaintiffs v. Medical Devices Manufacturers
Medical Devices Manufacturers
Class action by recipients of allegedly faulty medical devices. Class Action Plaintiffs v. Document Services Provider
Document Service Provider
Class action suit alleging conspiracy to restrain employee compensation Vacco v. Procter & Gamble
The Procter & Gamble Company
Alleged violation of Sherman Act Class Action v. Manufactured House Sellers
Manufactured House Sellers
We defended a national seller of manufactured housing in state and federal courts against alleged product liability, fraud, and RICO claims based on manufactured housing fire risks. Department of Justice Merger Investigation
National Equipment Distributor
We represented a national equipment distributor in a Department of Justice investigation into a merger between our client's competitor and a shared supplier. American Electric Power Co. v. General Electric
Westinghouse
Price-fixing claim in excess of $100 million Amway v. Procter & Gamble
The Procter & Gamble Company
Defamation and tortious interference Egg Producers MDL Antitrust Litigation
Shell Egg Producer
We are representing a shell egg producer in a federal court case regarding an alleged conspiracy to limit output and raise prices. In re: New Steel Pails Antitrust Litigation
Multiple Defendants
Price-fixing claim in excess of $10 million Department of Justice Proceedings to Enforce Consent Decree
Cincinnati-area physician
We represented a Cincinnati-area physician who was questioned during a Department of Justice investigation into whether alleged collective bargaining/unionization by physicians negotiating with insurance providers violated a prior consent. Dever v. Casheer Appellate Briefing
Children's Hospital Medical Center
Claim based on report of suspected child abuse to child welfare authorities Publications June 9, 2010, DOJ and FTC Issue Proposed Revisions to Horizontal Merger Guidelines March 10, 2010, FTC Enforces "Consumer Protection" Laws September 1, 2008, Pro Hac Vice Practice in Federal Courts - Cincinnati Bar Association Report, September 2008, at 15
CBA Report August 1, 2008, Examining Ohio Pro Hac Vice - Cincinnati Bar Association Report, August 2008, at 7
CBA Report July 1, 2007, Attorneys' Eyes Only: Protective Orders Are Not Unethical, Cincinnati Bar Association Report, July 2007 October 1, 2003, "Why Absolute Liability under Rylands v. Fletcher is Absolutely Wrong," Woodside FC, Silbersack ML, Fliehman TL, Feichtner DJ, University of Dayton Law Review, Volume 29, Number 1 (Fall 2003) July 11, 2002, Antitrust Enforcement - Expect More of the Same Presentations May 5, 2011, "Why Should Your Corporate Client Have an Antitrust Compliance Program?" Ohio State Bar Association December 6, 2007, "Antitrust Law for Healthcare Attorneys: New and Emerging Issues," Cincinnati Bar Association Health Care Law Seminar May 17, 2007, Ohio State Bar Association, Restrictions on Relationships with Competitors -- Pricing Freedom and Participation in Trade Associations or Industry Collaborative Activity October 12, 2004, "Federal Trade Commission Enforces 'Consumer Protection' Laws, Legal Basics for Small Business, 2004 November 1, 2002, Ohio State Bar Association, Antitrust Basics for Intellectual Property Lawyers May 10, 2001, Ohio State Bar Association, Joint Defense Agreements May 2, 2000, Cincinnati Bar Association, Class Actions May 17, 1996, Ohio State Bar Association, Vertical Restraints: Agreements Between Buyers and Sellers, including Restrictive Distribution Arrangements, Tie-Ins, and Resale Price Maintenance October 28, 1994, Ohio State Bar Association, Counseling for Compliance -- Policy Statements and Audit Programs May 13, 1994, Healthcare Financial Managers Association, Antitrust Considerations Affecting Collaboration Among Health Care Providers May 1, 1994, Information Sharing Among Health Care Providers, 1994 November 8, 1991, Cincinnati Bar Association, Information Exchanges in Health Care June 14, 1991, Ohio CLE Institute, Antitrust in Regulated Industries, Immunities, & Exemptions September 15, 1990, Managed Care: The PPO Experience, 1990 |