Overview

For over twenty years, Mark has focused his practice on commercial, construction and real estate litigation and development. He is an arbitrator with the American Arbitration Association (Commercial and Construction Panels) and a mediator for Cuyahoga County business cases. He also represents real estate brokers and salespersons in contract review, regulatory compliance, and litigation.

Mark prides himself on solving problems and advising clients on how to avoid them altogether. He is both persistent and practical.

Practices

    • Obtained favorable ruling in the Court of Appeals on behalf of a general contractor seeking to enforce an arbitration provision against a defaulting subcontractor who was seeking to claim $2.5 million in damages to a jury.
    • Obtained arbitration award in excess of $145,000 (plus legal fees) in favor of general contractor against defaulting subcontractor who was seeking $10,000,000 in damages on a demolition and salvage project.
    • Obtained arbitration award in favor of builder against homeowner alleging damages in excess of $300,000 due to elevated levels of calcium carbonate in the ground water.
    • Obtained unanimous jury verdict in favor of contractor against homeowner alleging damages in excess of $150,000 for repairs made after Hurricane Sandy and obtained money in favor of contractor for nearly the full value of the claim.
    • Obtained judgment in favor of homeowner against a contractor for defective and incomplete work on a substantial home renovation project, including liability under contract, CSPA, and fraud theories.
    • Obtained judgments “piercing the corporate veil” three times against borrower who refused to repay $1.5 million commercial loan and then fraudulently transferred assets to avoid collection.
    • Obtained judgment in trial court and affirmed on appeal in favor of holder of a Cognovit Promissory Note and successfully defended against claims of duress, payment, release and res judicata.
    • Successfully negotiated sale of multi-million dollar commercial property in Alabama with substantial coal and mineral deposits.
  • Education

    • University of Pennsylvania Law School, J.D., cum laude, 1995
    • Case Western Reserve University, B.S., Accounting, summa cum laude, 1992

    Admissions

    • State of Ohio
    • U.S. Court of Appeals, Sixth Circuit
    • U.S. District Court, Northern District of Ohio and Southern District of Ohio
  • Professional Affiliations

    • American Arbitration Association—Commercial and Construction Panelist (2014-Present)
    • Cleveland Metropolitan Bar Association—Member (1996-Present)
    • Cuyahoga County Court of Common Pleas—Business Mediator (2015-Present)
    • Ohio State Bar Association—Member (1996-Present)

    Community Involvement

    • Delta Tau Delta Cleveland Corporation—Treasurer (2002-Present)
    • Malachi Center—Board Member (2008-Present); Board President (2014-2016); Board Treasurer (2016-Present)

    • Named to The Best Lawyers in America in the areas of Litigation-Real Estate (2015-2019); Commercial Litigation (2017-2019); Real Estate Law (2018-2019); and Construction Law (2019)
    • AV Preeminent Peer Review Rated—Martindale-Hubbell
    • Named to the Ohio Super Lawyers list (2016-2018)
    • Named to the Ohio Super Lawyers Rising Stars list (2005)
    • "Facility Management Issues," Association of Corporate Counsel, Cleveland, OH (June 2017)
    • "Classroom, not Courtroom," Ohio Association of REALTORS, Cleveland, OH (September 2016)
    • “Dram Shop Liability and Risk Management,” Ohio Craft Brewers Association, Columbus, OH (June 2016)
    • “Construction Surety Bonds and Bond Claims,” Lorman Education Services, Cleveland, OH (2013)
    • “Litigation and Enforcement of Mechanic’s Lien Claims,” Lorman Education Services, Akron, OH & Cleveland, OH (2013)
    • “Annual Convention Legal Issues,” Ohio Association of REALTORS®, Cleveland, OH (October 2014)
    • “Fair Housing: Basics & Beyond,” Various (2016-Present)
    • “Ethics for Ohio REALTORS®,” Various, (2008-Present)
    • “Risk Management and the Ohio Real Estate Brokers Law,” Various (1997-Present)