Mark is a trial-tested attorney with extensive complex litigation experience both in and out of the courtroom. He focuses his practice on commercial litigation, including franchise litigation. He also handles product liability, toxic tort, malpractice defense, and general tort cases. Mark has successfully tried more than fifteen complex cases before judges and juries in trial and appellate courts and before administrative agencies in seven states from Alaska to Ohio. Mark also oversaw and managed the arbitration of over 400 matters in 48 states for one client in 2010.
A representative sampling of cases Mark has handled includes:
- Arbitrations for Chrysler Group LLC (48 states). In December 2009, Congress passed a statute providing rejected dealers of the bankrupt Chrysler LLC the right to demand arbitration from Chrysler Group LLC despite the fact that the rejected dealers never were associated or had a contract with Chrysler Group LLC. Four hundred eighteen of Chrysler LLC's rejected dealers demanded arbitration. Mark managed and oversaw the arbitration process for the matters, all of which had to be completed within approximately 210 days of enactment of the statute. Additionally, Mark personally arbitrated eight of the matters in Texas and California.
- Anchorage Chrysler Center v. DaimlerChrysler Motors LLC (Alaska). Received complete, favorable judgment after six-week trial for major automotive manufacturer against dealer seeking over 15 million dollars in damages. Successfully defended case on remand and now defending client on second appeal.
- Clutter Motors, Inc. v. DaimlerChrysler Motors Corporation (California). Received complete, favorable decision for client in multi-week case involving contractual dispute with former franchisee which sought millions of dollars in damages.
- Larry Menke, Inc. v. DaimlerChrysler Motors Co. (California). Obtained complete dismissal from trial court at demurrer stage after client had rejected plaintiff's attempt to purchase motor vehicle dealership. Successfully defended win on appeal.
- Thompson v. DaimlerChrysler Motors Company LLC (California). Successfully tried a case and obtained a favorable decision for a major automotive company which permitted client to terminate a former dealer. Successfully defended win on appeal.
- Colorado Pathology Consultants v. PST Services and PST Products (Colorado). Obtained a dismissal of and settled a contract-dispute case for a major provider of medical billing services.
- Navajo v. Volvo Trucks North America (Colorado). Obtained complete summary judgment in a commercial dispute in which the plaintiff sought multi-millions of dollars in damages.
- Thunder Mountain v. Jims Machining (Colorado). Obtained a judgment of over $1.2 million on counterclaim for breach of contract in this commercial dispute arising out of the plaintiff's non-payment of custom motorcycle parts.
- Streeter Imports v. Mercedes-Benz-USA, LLC (Nevada). Successfully defended a major automotive manufacturer during a multi-week trial in which client received a complete, favorable decision and authorization to terminate the franchise of a former franchisee.
- Kenwood Lincoln-Mercury, Inc. v. DaimlerChrysler Corporation (Ohio). Successfully tried and received complete, favorable decision for major automotive manufacturer. Client had been sued by franchisee alleging various breaches of contract and other business tort claims.
- Perez v. DaimlerChrysler Motors Company LLC (Texas). During trial, helped guide client to a successful settlement of a dispute with one of its franchisees which sought millions of dollars in damages.
Davis Graham & Stubbs, LLP
Fulbright & Jaworski, L.L.P.
Star Chrysler-Jeep v. Chrysler Group LLC (C.D.Cal. Apr. 9, 2012) - Defended Chrysler Group against automobile dealership's allegations of oppressive and unreasonable terms in letter of intent to enter into franchise agreement after Chrysler's bankruptcy in a franchise case of national significance.
Hopp v. Shore - Represented managing partner in suit between law firm partners with respect to claims of fraud and mismanagement. After two-week trial, client prevailed on fraud and mismanagement claims, and Court ordered an accounting and liquidation of the firm.
Obtained summary judgment in favor of WTO's client Chrysler in a preemption case involving the award of future franchises.
Following Chrysler LLC's bankruptcy, WTO co-managed with one other law firm the response to requests from 418 dealers for arbitration following Chrysler Group's termination of their dealerships. WTO litigated 187 of these Section 747 arbitrations.
Century Motor Corporation v. Ed Bergen, No. 09-04135 (Bankr. E.D. Mo.) and No. 09-50002 (Bankr. S.D.N.Y.)
In re Old Carco LLC f/k/a/ Chrysler LLC, No. 09-50002 (Bankr. S.D.N.Y. Jun. 19, 2009)
Larry Menke, Inc. v. DaimlerChrysler Motors Co., 90 Cal. Rptr. 3d 389 (2009)
Thunder Mountain Custom Cycles v. Thiessen Products, 72 Fed.R.Serv.3d 604 (D.Colo. 2008)
Thompson's Auto & Truck Center, Inc. v. DaimlerChrysler Motors Company, LLC, Protest No. PR-1965-05 (Cal. NMVB June 16, 2006)
Anchorage Chrysler Center, Inc. v. DaimlerChrysler Corp., 129 P.3d 905 (Alaska 2006) - Won a verdict on remand by the Alaska Supreme Court in a case involving claims of misrepresentation and breach of contract against WTO's client, DaimlerChrysler.
Perez Investments, Inc. v. DaimlerChrysler Motors Corp., No 03-0033LIC (Texas Dep't of Motor Vehicles 2005)
Clutter Motors, Inc. v. Antelope Valley Nissan, Inc., No. BC 224 799 (Cal. Sup. Ct. County of Los Angeles 2002)
Kenwood Lincoln-Mercury, Inc. v. DaimlerChrysler Corp., No. C-000784, 2002 WL 10073 (Ohio Ct. App. Jan. 4, 2002)
Streeter Imports, Inc. v. Mercedes Benz USA, LLC, No. 01-00866A (Nev. 1st Jud. Dist. Sept. 13, 2001); appeal dismissed, 105 P.3d 818 (Nev. 2001) (Table, No. 38489)
Clutter Motors, Inc. v. DaimlerChrysler Corp., No. P-440-01 (Cal. NMVB July 11, 2001)
- U.S. District Court for the District of Colorado
- U.S. District Court for the Eastern District of Michigan
- U.S. District Court for the Eastern District of Texas
- U.S. District Court for the Northern District of Texas
- U.S. Court of Appeals for the Ninth Circuit
- U.S. Court of Appeals for the Tenth Circuit
National Institute for Trial Advocacy
Rocky Mountain Deposition Skills Seminar
Rocky Mountain Child Advocacy Training Institute
Rocky Mountain Regional Trial Skills Seminar
Southern Methodist University Dedman School of Law
Trial Advocacy Program
Commercial Litigation, 2013
Denver Bar Association Foundation
Recipient, Richard Marden Davis Award, 2010
Colorado Super Lawyers
Business Litigation, 2006, 2011-2013
Top 100, 2012-2013
Martindale-Hubbell AV® Peer Review Rated*
Faculty of Federal Advocates
Board of Directors, 2011
Law Week Colorado
Lawyer of the Year, 2010
Denver Bar Association
Doctor/Lawyer Program, Instructor, 2004-2006
Colorado Campaign for Inclusive Excellence
Member of community outreach committee, 2008-present
Colorado Bar Association
American Bar Association
Finalist, 9News Leader of the Year Award, 2010
Denver Business Journal's Forty Under 40, 2006
Denver Kids, Inc.
Chairman, Board of Directors, 2010-2011
Board of Directors, 2005-present
The Wildlife Experience
Board of Directors, 2007-present
Community Advisory Board, 2006-2007
Denver Active 20-30 Children's Foundation
Lifetime Member Award
Board of Directors, 2004-2007
Tennyson Center for Children
Board of Directors, 2006-2007
Downtown Denver Rotary Club
Ebert Elementary, Denver Public Schools
University of Colorado, Boulder, Colorado
President's Leadership Class
Former Chairman, Alumni Advisory Board
Youth soccer and basketball coach