Mark Wagoner

Mark Wagoner: Attorney with Shumaker, Loop & Kendrick, LLP

Biography

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. Mark is also the founder of Shumaker Advisors, LLC , the firm's federal and multi-state government relations practice.

Representative Matters

•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 player 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.

Honors

•AV Peer Review Rated by Martindale-Hubbell
•Best Lawyers in America, 2013 - 2017
•Ohio Rising Star by Super Lawyers magazine, 2011, 2010, 2006, 2005
Toledo Business Journal, Who's Who in Toledo Area Law
•Toledo Bar Association, Pro Bono Service Award
•The Ohio State University College of Law, Outstanding Alumni Award, 2006
•Ohio Association of Justice Legislator of the Year
•Council of State Government, Toll Fellowship
•Ohio Nurses Association “Legislator of the Year”
•Ohio Convention and Visitors Bureau's “Legislator of the Year”
•Lifeline of Ohio “Legacy Award”

News Releases

09.22.2016 New Protections on Tap for Beer Distributors: Upcoming Merger of SAB Miller and ABInBev Raise Significant Antitrust Implications

09.21.2016 Shumaker Attorneys Instrumental in Changing Ohio Representation at National Statuary Hall

08.16.2016 Shumaker Lawyers Recognized in The Best Lawyers In America 2017

07.06.2016 Lobbying and Government Relations Consulting Firm Shumaker Advisors Joins Forces With The Craig Group

08.19.2015 Shumaker Lawyers Recognized in The Best Lawyers In America 2016

05.27.2015 Wachtmann Joins Shumaker Advisors, LLC

05.04.2015 Mark Wagoner Speaker at Ohio State Bar Association Annual Convention

09.05.2014 Shumaker, Loop & Kendrick, LLP Attorneys Selected for Toledo Business Journal's “Who's Who in Toledo Area Law” Recognition

08.21.2014 83 Shumaker, Loop & Kendrick, LLP Lawyers Selected for Inclusion in The Best Lawyers in America 2015

09.26.2013 Mark Wagoner Featured Speaker at Ohio Wholesale Beer & Wine Association's Annual Meeting

08.15.2013 83 Shumaker, Loop & Kendrick, LLP Lawyers Selected for Inclusion in The Best Lawyers in America 2014

03.13.2013 Shumaker, Loop & Kendrick, LLP Announces the Formation of Shumaker Advisors, LLC and the Addition of Andrew W. Herf

09.12.2012 Shumaker, Loop & Kendrick, LLP Attorneys Selected for Toledo Business Journal's “Who's Who in Toledo Area Law” Recognition

08.28.2012 81 Shumaker, Loop & Kendrick, LLP Lawyers Selected for Inclusion in The Best Lawyers in America 2013

08.23.2012 Shumaker Attorney Mark Wagoner Wins Landmark Victory in Beer Distributorship Case

09.15.2011 Shumaker, Loop & Kendrick, LLP Attorneys Selected for Toledo Business Journal's “Who's Who in Toledo Area Law” Recognition

12.20.2010 Shumaker, Loop & Kendrick, LLP Attorneys Named to 2011 Ohio Super Lawyers and Ohio Rising Stars

07.29.2010 Shumaker, Loop & Kendrick, LLP Attorneys Selected for Toledo Business Journal's “Who's Who in Area Law” Recognition

01.07.2010 Shumaker, Loop & Kendrick, LLP Names Mark Wagoner as a Partner

Publications

05.01.2012 Amendments to Ohio General Corporation and Limited Liability Company Laws

Newsletters

Spring 2012 insights Newsletter - Spring 2012

Events and Presentations

09.26.2013 Current Development in Ohio's Alcoholic Beverages Act, Ohio Wholesale Beer & Wine Association's Annual Meeting

05.21.2013 Navigating through the Storm of Health Care Reform, Stapleton Insurance Group and William Vaughan Company

11.15.2012 An Interactive Shale Development Conference: Changing Requirements and Policy Perspective - Developing Ohio's Shale Resources, Columbus, Ohio

(Also at Columbus Office)

Areas of Practice (15)

  • Antitrust and Trade
  • Appellate
  • Broker-Dealer Litigation and Arbitration
  • Commercial Litigation
  • Federal Court Litigation
  • Franchise and Distribution
  • Litigation
  • Real Estate Litigation
  • Title IX
  • Hospitality and Leisure
  • Manufacturing
  • Media
  • Public Law and Public Finance
  • Securities
  • Transportation and Distribution

Education & Credentials

Contact Information:
419.321.1412  Phone
419.241.6894  Fax
www.slk-law.com
University Attended:
Georgetown University, B.A., cum laude, 1994
Law School Attended:
The Ohio State University Moritz College of Law, J.D., 1997, The Ohio State Law Journal
Year of First admission:
1997
Admission:
1997, Ohio; 1998, Michigan; United States Supreme Court; United States Court of Appeals Sixth Circuit; United States Court of Appeals Seventh Circuit; United States District Court Northern District of Ohio; United States District Court Southern District of Ohio; United States District Court Eastern District of Michigan; United States District Court Western District of Michigan; United States District Court Southern District of Indiana; United States District Court Western District of Pennsylvania; United States District Court Southern District of Iowa; United States District Court District of Minnesota
Memberships:

Professional and Community Affiliations

•Toledo Bar Association
•Ohio Bar Association
•American Bar Association

Birth Information:
Toledo, Ohio, September 18, 1971
Reported Cases:
Representative Matters: 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 player 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.
ISLN:
912674856

Peer Reviews

  • 4.4/5.0 (12)
  • A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.
  • Legal Knowledge

    4.4/5.0
  • Analytical Capability

    4.4/5.0
  • Judgment

    4.4/5.0
  • Communication

    4.4/5.0
  • Legal Experience

    4.4/5.0
  • Mark Wagoner

    5.0/5.0 by a Of Counsel on 07/25/13 in Franchise Litigation on 07/25/13

    Mark is very bright, very conscientious, and quite talented.

    Read more

    Mark is very bright, very conscientious, and quite talented.

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0
    Read less
  • Mark Wagoner

    5.0/5.0 by a Principal on 08/12/13 in General Practice on 08/12/13

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0
    Read less
  • Mark Wagoner

    5.0/5.0 by a Managing Partner on 08/10/13 in Litigation on 08/10/13

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0
    Read less
  • Mark Wagoner

    5.0/5.0 by a Managing Partner on 08/05/13 in Business Litigation on 08/05/13

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0
    Read less
  • Mark Wagoner

    5.0/5.0 by a Partner on 08/02/13 in Government on 08/02/13

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0
    Read less
  • Mark Wagoner

    5.0/5.0 by a Member on 07/27/13 in Civil Litigation on 07/27/13

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0
    Read less
  • Mark Wagoner

    5.0/5.0 by a Government Counsel on 08/12/11 in Government Affairs on 08/12/11

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0
    Read less
  • Mark Wagoner

    4.8/5.0 by a Sole Practitioner on 07/26/13 in Employment Law on 07/26/13

    • Legal Knowledge

      5.0/5.0
    • Analytical Capability

      5.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      4.0/5.0
    Read less
  • Mark Wagoner

    4.6/5.0 by a Of Counsel on 08/02/13 in General Practice on 08/02/13

    • Legal Knowledge

      4.0/5.0
    • Analytical Capability

      4.0/5.0
    • Judgment

      5.0/5.0
    • Communication

      5.0/5.0
    • Legal Experience

      5.0/5.0
    Read less
  • Mark Wagoner

    3.6/5.0 by a Government Counsel on 04/15/13 in Domestic Relations on 04/15/13

    • Legal Knowledge

      4.0/5.0
    • Analytical Capability

      3.0/5.0
    • Judgment

      4.0/5.0
    • Communication

      3.0/5.0
    • Legal Experience

      4.0/5.0
    Read less

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