Mark Schmidt is a Shareholder in the Litigation and Risk Management Practice Group and co-chair of the Construction Law and Litigation Section.
Mark helps clients resolve their most challenging and complex problems by focusing on practical solutions and efficient business results. Mark is directly involved in all aspects of negotiation, strategic planning, risk assessment, arbitrations, mediations and court and jury trials in state and federal court.
Mark was selected by his peers for inclusion in The Best Lawyers in America© in the fields of Litigation - Real Estate (2015-2021), Litigation - Construction (2019-2021) and Insurance Law (2016-2021). He is a Wisconsin Super Lawyers® honoree (2018-2020) and was included on the Wisconsin Rising Stars list (2014).
Mark’s broad experience covers all areas of commercial law and business litigation. His practice concentrates on four main areas:
- Fraud and misrepresentation
- Breach of fiduciary duty
- Interference with contractual relationships
- Misappropriation of confidential information and theft of trade secrets
Business and Commercial Law and Litigation
- Contract disputes
- Drafting of business contracts
- Shareholder disputes
- Non-compete litigation
- FINRA (Financial Industry Regulatory Authority) arbitrations
- Investment advisory services disputes
- Strategies for avoiding litigation and liability
Construction and Real Estate
- Mark is a fellow of the Construction Lawyers Society of America (CLSA), an invitation-only construction lawyer honorary society; fellows are evaluated for effectiveness and accomplishment in construction law, along with an ethical reputation
- Represent property owners, contractors and developers in disputes involving commercial, residential and public projects
- Construction defects
- Theft by contractor
- Options to purchase
- General Contractor, subcontractor and material supplier agreements
Independent Sales Representatives/Manufacturer Representatives
- Mark is one of a select group of Wisconsin attorneys who regularly represents the interests of independent sales representatives. He is active with Manufacturers & Agents National Association (MANA), the leading rep trade group.
- Contract negotiation
- Customer and territory issues
- Wrongful termination
- Commission disputes
Mark has been actively involved in pro bono matters throughout his career. He represented a military family through the Marquette SAVLAW program, assisted a Milwaukee charter school with the formation of a 501(c)(3) charitable foundation, represented a community organization involved in a municipal zoning dispute, and accepted an appointment from the Seventh Circuit to handle a criminal appeal.
Mark is a committee member for the Wisconsin Make-A-Wish Foundation and a member of Milwaukee Rotary Club.
- Won dismissal of misrepresentation claims in federal court action involving alleged joint business venture.
- Obtained buyout of shares for minority shareholder in closely-held company after bringing claim for oppression and judicial dissolution of company.
- Dismissal of million-dollar claim against property owner arising out of sprinkler system failure at high-rise condominium tower.
- Counsel for plaintiff in multimillion-dollar construction defect case regarding HVAC, roof systems, site drainage, pavements, and foundation.
- Prevailed in federal court trial on behalf of employer and former employee accused of misappropriating confidential information.
- Prevailed in arbitration on behalf of subcontractor that supplied labor and materials for retail store at regional shopping center.
- Successfully represented seller of assets in federal court action alleging $10 million in damages arising out of purported breach of asset purchase agreement.
Representative Presentations and Articles:
- “Damages Available in Real Estate Transactions,’” von Briesen Real Estate Group presentation, October 2019
- “When Your Client Asks: ‘Can I Recover Attorney Fees?,’” State Bar of Wisconsin Construction Blog, December 2018
- “Real Estate Case Law Update,” von Briesen Real Estate Section presentation, October 2018
- “Blanket Orders – Are They Commissionable?” and “Application of Statute of Frauds to Oral Rep Agreements,” MANA Attorney Forum presentation, October 2018
- “Seven Things to Know About Changes to Wisconsin Civil Procedure,” von Briesen Litigation Law Update, June 2018
- “Supreme Court Affirms Attorney Fees Are Recoverable for Theft by Contractor,” State Bar of Wisconsin Construction Blog, March 2018
- co-Author, “Three Best Practices for Reps”, Agency Sales (published by Manufacturers Agents National Association), Vol 47, Number 8, August 2017
- “Ethical Considerations for Corporate Fiduciaries,” Wisconsin Institute of Certified Public Accountants Financial Institutions Conference, May 2017
- “Supreme Court’s Decision on Whether Attorney Fees Are Recoverable Will Impact Theft by Contractor Cases,” State Bar Construction & Public Contract Law Section Blog, April 2017