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Professional background
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Mark R.Butscha Jr.

PartnerMark.Butscha@ThompsonHine.com
Cleveland

O 216.566.5897

Mark R.Butscha Jr.

Partner

Focus Areas

Representative Matters

Merger Control/Antitrust Investigations

  • On secondment as in-house competition counsel, represented global power management company in connection with Second Request investigation of $3.3 billion merger.
  • Represented global motion-and-control technologies manufacturer in connection with HSR filing and subsequent DOJ antitrust investigation of $4.3 billion merger.
  • Represented manufacturer of equipment and components for oil-and-gas industry in connection with Second Request investigation of $2.5 billion merger.
  • Represented hardware distributor in FTC’s investigation of its acquisition of self-service key duplication kiosk business.
  • Helped guide rubber manufacturer in sale of rubber track plant to military contractor through inquiry from DOJ and DOD.
  • Represented scrap metal company in its purchase by competitor and related inquiry from DOJ.
  • Regularly prepare HSR filings and counsel clients (including manufacturing companies, investors and private equity funds) regarding HSR reportability, exemptions and risk-sharing and related provisions in merger and purchase agreements.

Antitrust Counseling

  • Advised European clients on U.S. antitrust risks posed by proposed mergers and acquisitions (including HSR compliance), as well as joint ventures and other competitor collaborations.
  • Advised investment funds concerning antitrust issues associated with common ownership of competing portfolio companies.
  • Advised clients, including dental imaging provider and aftermarket auto parts distributor, regarding antitrust risks associated with participation in group purchasing organizations.
  • Advised manufacturers regarding exclusive supply and distribution arrangements

Antitrust, Class Action and Other Complex Litigation

  • Represent Mission Essential, a defense and intelligence services provider, in antitrust class action alleging unlawful no-poach agreement between and among defense intelligence contractors.
  • Represent Fortune 500 company in litigation concerning alleged breach of distribution agreement and fraud.
  • Represented specialty chemical manufacturer in antitrust price-fixing class action and follow-on litigation commenced under the False Claims Act.
  • Successfully defended financial institution in class action alleging failure to timely record mortgage satisfactions, including several appeals.
  • Successfully litigated and settled litigation on behalf of steel manufacturer against coal supplier for breach of contract.
  • Won arbitration award on behalf of floor care manufacturer against terminated dealer.
  • Part of team that obtained summary judgment on behalf of composite deck manufacturer in class action alleging product defects and breach of warranty.
  • Part of team that obtained dismissal of complaint against national concert promoter commenced by concert venue alleging tortious interference and breach of contract.
  • Obtained dismissal of tortious interference claims by cell phone store owner against national wireless carrier.
  • Successfully obtained temporary restraining order and preliminary injunctive relief on behalf of national financial institution to freeze assets of massive fraud.
  • Successfully obtained judgment after bench trial against former employee of polymer manufacturer for breach of noncompete agreement and breach of duty of loyalty.
  • Represented global manufacturer in litigation commenced by terminated dealer and obtained favorable settlement.
  • Prepared writ of certiorari to U.S. Supreme Court on behalf of manufacturer of industrial vehicles concerning constitutionality of dealer statute.

Government Enforcement/Investigations/White-Collar Criminal Defense

  • Represented architect through investigation and jury trial of fraud and extortion charges in federal court.
  • Represented Fortune 500 company in internal investigation of fatal incident at manufacturing facility.
  • Represented physical therapists in False Claims Act investigation.

Pro Bono

  • Part of team that won reversal of federal hate crimes conviction before U.S. Court of Appeals for the Sixth Circuit.
  • Argued appeals before U.S. Court of Appeals for the Sixth Circuit on behalf of individuals convicted of crimes.
  • Successfully represented several tenants in eviction disputes.
  • Co-presenter, “Presidential Executive Order Targets Changes in Antitrust Enforcement,” Thompson Hine Competition Cafe Podcast Series, April 2022
  • Received a 2022 and 2023 Best Lawyers: Ones To Watch recognition for Commercial Litigation and Litigation-Antitrust; included in the inaugural edition of Best Lawyers: Ones to Watch for Commercial Litigation
  • Selected to the Ohio Rising Stars list, 2019-2021
  • Champion and Best Final Round Advocate, Mackenzie Hughes Edmund H. Lewis Appellate Competition
  • Excellence Award, New York State Academy of Trial Lawyers
  • CALI Excellence for the Future Awards: Appellate Advocacy, Constitutional Law, Constitutional-Criminal Procedure, Evidence and Legal Writing

Professional Associations

  • American Bar Association, Antitrust Section
    • Counsel to the Section Chair
    • Associate Editor, Antitrust Law Journal
  • Federal Bar Association, Northern Ohio Chapter
  • Leukemia & Lymphoma Society, Northern Ohio Chapter, Young Professionals Board

Education

  • Syracuse University College of Law, J.D., 2010,
    magna cum laude
    ,

    Order of the Coif; Order of Barristers; lead articles editor, Syracuse Law Review

  • Ohio University, B.S., 2006

Bar Admissions

  • New York
  • Ohio

Court Admissions

  • U.S. Supreme Court
  • U.S. District Court for the Northern District of Ohio
  • U.S. District Court for the Southern District of Ohio
  • U.S. District Court for the Southern District of New York
  • U.S. Court of Appeals for the Sixth Circuit
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