Mark represents businesses exclusively in all types of business, commercial and employment-related matters. His practice focuses on national litigation, including class and multi-party actions, jury and bench trials, and arbitrations. Mark has extensive experience in general commercial and business litigation; securities actions; discrimination, whistleblower, retaliation and harassment claims; non-compete, trade secret and unfair competition claims; and wage and hour actions.
Mark has tried cases and appeared in numerous state and federal courts throughout the country. He has arbitrated matters in various forums and argued multiple appeals. In addition, Mark has written various materials concerning trial practice and employment issues; he has lectured on matters such as the use of experts, defense techniques in complex litigation and class actions, mediation strategies, covenant not to compete litigation and litigation practice. He often contributes to various publications addressing litigation and business-related matters.
From intake to trial, Mark handles cases to win. His extensive courtroom experience gives him a unique perspective on the end-game and allows for efficient case management and development efforts.
Mark has been recognized in several publications, including as a "Rising Star" by Super Lawyers, "Up and Coming Lawyer" by Missouri Lawyers Weekly and among the "40 Under 40" by Ingram's. He is also a former recipient of the Robert C. Welch Volunteer Attorney Project of the Year Award.
While in law school, Mark was editor-in-chief of the SMU Law Review and a member of the Order of the Coif, Phi Delta Phi and the Board of Advocates.
Mark is active within the firm and has served on the Diversity & Inclusion Committee and currently serves on the Associates Committee. Mark is also involved in a number of civic activities. He currently serves as a board member of the Youth Volunteer Corps of America.
In his spare time, you will either find Mark coaching little league sports or playing guitar with his band.
Recent Collective and Class Actions under FLSA and/or State Equivalents
Wass v. NPC Int’l, Inc., No. 09-CV-2254-JWL-KGS (D. Kan.) (nationwide class action of delivery drivers alleging failure to reimburse expenses causing minimum wage violations).
Cortes v. Foot Locker, Inc., No. 1:06-cv-01046-AKH (S.D.N.Y.) (state class action by assistant managers alleging off-the-clock and fluctuating work week issues).
In Re: Foot Locker, Inc., Fair Labor Standards Act (FLSA) and Wage and Hour Litigation, No. 2:11-md-02235-JCJ (E.D. Penn.) (nationwide class action of store-level employees alleging off-the-clock and overtime issues; currently a MDL proceeding that includes the below matters):
- Pereira v. Foot Locker, Inc., No. 2:07-cv-02157-JCJ (E.D. Penn.)
- Hernandez v. Foot Locker, Inc., No. 1:10-cv-06789-NLH -KMW (D. N.J.)
Hill v. Foot Locker, Inc., No. 08-CH-39148 (Cir. Ct., Cook County, Ill., Ch. Div.) (state class of store-level employees alleging off-the-clock and overtime issues).
Jackson v. Plattform Advertising, Inc., No. 2:10-cv-02604-JAR-KGG (D. Kan.) (state class of call center employees alleging failure to pay off the clock and overtime for boot-up and shut-down time).
Reid v. Golden Valley Memorial Hospital, No. 08HE-CC00094 (defended Golden Valley in one-week jury trial concerning retaliation and whistle blowing).
Al-Birekdar v. Chrysler Corp., No. 4:06CV1726-DJS (defended Chrysler in two-week jury trial concerning race, ethnicity and retaliation).
Arthur J. Gallagher v. Pinkham, No. 0716-CV06602 (represented Arthur J. Gallagher in an unfair competition bench trial).
Batliner Paper Stock Co. v. Hansar, No. 01-CV-1254 (represented Batliner in a four-week fiduciary duty trial).
Pederson v. Barnyard Liquors, Inc., No. 0516 CV09010 (defended Barnyard in two-week jury trial personal injury matter).
DeBerry v. FujiFilm Sericol USA, Inc., No. 0616-CV-13551 (defended FujiFilm Sericol in one-week jury trial concerning an executive agreement action).
Mehrer v. Diagnostic Imaging Centers, No. 02-CV-226796 (defended DIC in a two-week harassment and discrimination jury trial).
Wood v. John Knox Village, No. 03-CV-229857 (defended John Knox in two-week jury trial concerning harassment/retaliation).
110 Main, LLC & Chesapeake Atlantic Holdings, Inc. v. Commercial Federal Bank, No. 00-CV-200333 (represented Commercial Federal in a two-week commercial lending jury trial).
Ferrellgas, LP v. Zamora, No. CIV-03-1323 BB/LFG (represented Ferrellgas in an unfair competition bench trial).
Spherion Corp. v. Gloe, No. 03-CV-202088 (represented Spherion in an unfair competition bench trial).
Hastings v. Agriliance LLC, No. DV-03-93 (represented Agriliance in an unfair competition bench trial).
EGL, Inc., f/k/a Eagle USA v. Rothacher, No. 01-CV-84167 (represented EGL in an unfair competition bench trial).
Goodman v. Thomas Gravely, (defended Thomas Gravely in an unfair competition bench trial).
Green v. Ruckstad, No. 01-4131-CV-C-SOW (pro bono civil rights jury trial).
Johnson v. Terry & Douglas, No. 3:03-CV-05097 (W.D. Mo.) (pro bono civil rights jury trial).
Recent Arbitrations and Administrative Actions
Arvest v. Smith Barney (NASD arbitration concerning unfair competition).
Radant v. Eastbay (Wisc. Dept. of Welfare Development, Equal Rts. Division) (arbitration covering disability and age claims).
Hairgrove v. Kansas Counselors (Kansas DOL action on behalf of Kansas Counselors concerning Kansas Wage Payment Act).
Missouri Housing Development Commission/James (Mo. Personnel Advisory Board arbitration on behalf of MHDC concerning public employee dismissal).
Recent Appellate Arguments
Krchnavy v. Limagrain Genetics Corp., No. 00 C 445 C (7th Cir.) (represented Limagrain on appeal after obtaining summary judgment in discrimination action).
IBI v. Miller Brewing Company (No. 08-4109) (7th Cir.) (represented Miller after obtaining summary judgment on $500 million claim concerning license agreement in India).
Olsen v. Capital Region Medical Center (No. 12-2113) (8th Cir.) (represented Capital Region on appeal after obtaining summary judgment on age and disability claims).
Al-Birekdar v. Chrysler Corporation (No. 08-3780) (8th Cir.) (represented Chrysler on cross-appeals after jury trial concerning national origin and religious discrimination).
Mehrer v. Diagnostic Imaging Centers, (Mo. Cir. Ct. App., W.Dist.) (represented DIC on appeal after winning jury trial on whistleblower and retaliation claims).
- Allegis Group
- Arvest Bank
- Bed, Bath & Beyond
- Capitol Region Medical Center
- Diagnostic Imagining Centers
- Fishnet Security
- Foot Locker
- Fujifilm Sericol
- Golden Valley Memorial Hospital
- Honeywell FM&T
- Kansas Counselors
- Lady Foot Locker
- Land O’Lakes
- NPC International
- Ryan Transportation
- Sprint Nextel
- Van Enterprises
- Veterans of Foreign Wars