Experience at Work
Mark is a highly-skilled litigator and founding member of Capes Sokol. He represents clients in complex litigation matters before state and federal courts, arbitrators and administrative boards and agencies. He has broad experience encompassing over 50 years in commercial litigation areas including construction disputes, non-competition litigation, intellectual property, employment issues, real estate, insurance coverage, shareholder disputes and investor fraud. Mark also has extensive experience representing clients in the petroleum and taxi cab industries. Mark is a certified mediator who brings more than four decades of litigation experience to his mediations. He utilizes this litigation experience to successfully resolve complex business disputes in a variety of industries. Mark has a high rate of success settling cases which have included personal injury, employment disputes, commercial and real estate disputes, and other complex litigation.
In the Community
In 2016, Mark was appointed as a Disciplinary Hearing Officer by the Missouri Supreme Court for a three-year term. In 2019, he was reappointed as a Disciplinary Hearing Officer for a second three-year term. Mark served as an adjunct professor at Saint Louis University School of Law. He also lectures regularly for local and national Continuing Legal Education (CLE) programs.
Awards & Recognition
Awards
- Missouri Lawyers Media, 2023 ICON Award Recipient (2023)
- Missouri Lawyer’s Weekly, Up and Coming – Mentor (2016)
- Martindale-Hubbell® Law Directory, AV® Preeminent™ Peer Review Rated
- The Best Lawyers in America® | Commercial Litigation; Personal Injury Litigation – Plaintiffs; and Product Liability Litigation – Plaintiffs, St. Louis (2014 – Present)
Appointments
- Supreme Court of Missouri | Disciplinary Hearing Panel | Officer (2016 – 2019)
- Supreme Court of Missouri | Disciplinary Hearing Panel | Officer (2019 – Present)
Memberships & Associations
Professional Organizations
- Missouri Association of Trial Attorneys
- Bar Association of Metropolitan St. Louis
- Missouri Bar
Education
Educational Background
- J.D., Washington University School of Law (1972)
- B.A., Political Science, Northwestern University (1969)
Significant Experience
Representations
- Successfully mediated disputes involving complex business litigation, personal injury matters, real estate controversies.
- Arbitration of a commercial dispute arising out of the acquisition of assets including design patents which were proven to be unenforceable resulting in damages of $9 million. (JPT Group LLC v. NFTD, LLC et al.)
- Successful appeal to Missouri Supreme Court of insurance coverage denial resulting in payment to Plaintiff for $900,000 judgment, including interest. (Mendenhall v. Prop. and Cas. Ins. Co. of Hartford)
- Participated in settlement of class action on behalf of 620 bondholders. (East Maine Baptist Church, et al. v. Regions Bank, et al)
- Established franchisor liability for inadequate security. (J.M. v. Shell Oil Company)
- Defeated hospital’s claim for subrogation lien on proceeds of wrongful death settlement. (St. Anthony’s Medical Center v. Metze)
- Obtained a $2 million judgment for railroad car inspector’s partial loss of leg. Judgment affirmed by the Seventh Circuit Court of Appeals. (Davis v. Conrail)
- Obtained a judgment for patent infringement and damages. Judgment affirmed by the Federal Circuit Court of Appeals. (Data Line Corp. v. Micro Technologies, Inc.)
- Successfully represented landowner in trespass case against claim of condemnation by utility. (Ladue Group L.C. v. Level 3 Communications)
- Obtained multimillion-dollar judgment for investors in a real estate limited partnership claim for breach of fiduciary duty. (Koester, et al. v. American Republic Investments Inc.)
- Successfully represented St. Louis Airport taxicab companies in invalidating a portion of the Taxi Code. (Airport Taxi Company, et al. v. Metropolitan Taxi Commission)
- Successfully represented handicapped child in dispute on insurance coverage. (Atherton v. Illinois Quality Care Health Plan)
- Settled a railroad crossing case involving multiple deaths and injuries. (Pardue v. Burlington Northern)
Knowledge & Insights
Speaking Engagements
- Managing Client Expectations in Litigation: Practical and Ethical Considerations. Practising Law Institute. (2014)
- Advanced Trial Tactics – Voir Dire. National Business Institute.
- Medical Negligence. Bar Association of Metropolitan St. Louis.
Teaching
- Saint Louis University School of Law | Adjunct Professor
Admissions & Qualifications
Bar & Court Admissions
- Missouri
- Illinois
- U.S. District Courts
- Eastern District of Missouri
- Western District of Missouri
- Southern District of Illinois
- U.S. Courts of Appeals
- Seventh Circuit
- Eighth Circuit
- Eleventh Circuit