Bryan Cave Combines with Berwin Leighton Paisner to Form Bryan Cave Leighton Paisner LLP Learn More

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Mark Leadlove, Co-Leader of the firm's Commercial Litigation Client Service Group, is a trial lawyer with more than 30 years of experience as an advocate. He practices in federal and state courts and arbitration tribunals throughout the United States. He also appears before administrative agencies in the State of Missouri.

Since joining Bryan Cave in 1988, Mr. Leadlove has represented clients in disputes in numerous areas of commercial litigation and has served a number of industries. His practice currently focuses on high value, complex commercial disputes for public and closely held corporate clients, including litigation of all types that arise out of mergers, acquisitions and other transactions. In this area, Mr. Leadlove has experience with earn-out litigation; working capital adjustment disputes; litigation and arbitration relating to claims of breaches of representations and warranties in purchase agreements; litigation over buy-sell agreements; and disputes related to letters of intent. 

Mr. Leadlove is experienced with franchise litigation, including claims of fraudulent inducement to enter into franchise agreements; breach of franchise agreements; statutory claims; misappropriation of trade secrets and trade mark infringement. He also has defended manufacturers and wholesalers against claims raised by terminated distributors. His experience includes jury trials in cases tried under the Uniform Commercial Code and the UN Convention on Contracts for the International Sale of Goods. Mr. Leadlove’s practice experience also includes a substantial number of restrictive covenant and non-compete trials and municipal tax litigation. He has significant experience with real estate related litigation, including lease disputes, property tax issues, eminent domain matters and development disputes. Mr. Leadlove also has served as a member of an arbitration panel in an extremely complex commercial dispute involving claims of breach of contract, quasi contract and related issues.

Mr. Leadlove started his legal career on active duty with the U.S. Army JAG Corps, during which he tried approximately 100 courts-martial and administrative separation actions before military panels and boards. He also spent one year as a management consultant in the St. Louis area prior to joining Bryan Cave. A leader in the community, he was an officer in the Army Reserve until his retirement in 2005, and has served in leadership positions on the boards of numerous charitable organizations.

Civic Involvement & Honors

    • United States Army Reserve, Lieutenant Colonel, Judge Advocate (Ret.)
    • Neighborhood Houses, Director, 2010 - 2015; Chairman, 2012 - 2015
    • St. Patrick Center, Board of Trustees, 2006 – present
    • Friends of the St. Louis University Liver Center Foundation, Director, 2005 – 2009
    • Kids In The Middle, Director, 1995 - 1998
    • St. Patrick Center, Board of Trustees, 2006 – present
    • Friends of the St. Louis University Liver Center Foundation, Director, 2005 – 2009
    • Kids In The Middle, Director, 1995 - 1998
    • Kids In The Middle, Director, 1995 - 1998
Read More

Representative Experience

Highlights of Recent Trials and Arbitrations

  • Receivables Management Partners Holdings v.  RMP Group, Circuit Court of Cook County, IL (July, 2015) (represented buyers of receivables management business claiming breaches of representations in purchase agreement, with case settling before trial)

  • The Arbors at Sugar Creek Homeowners Ass’n v. Jefferson Bank & Trust, Supreme Court of Missouri (June, 2015)(briefed and argued appeal to Missouri Supreme Court on behalf of homeowners concerning issues related to community association authority and interpretation of restrictive covenants)

  • Confidential Private Arbitration (June 2015)(represented seller of commercial instrument manufacturing business in working capital dispute in which initially a $30 million downward adjustment to purchase price was sought by buyer; arbitration award resulted in approximately $2.2 million upward adjustment in purchase price)

  • Hellman v. Sparks, Missouri Court of Appeals, Southern District (March, 2015)(briefed and argued appeal to court of appeals on behalf of homeowner on issues related to authority of community association)

  • City of O’Fallon v. CenturyLink, Circuit Court for the County of St. Louis, MO (July, 2014)(represented telecommunications client in class action by municipalities in state of Missouri for underpaid business license taxes, with case settling before trial)

  • Confidential Arbitration, Administered by JAMS (San Francisco, CA)(June, 2014)(complete victory in defending claim of approximately $48 million brought against vertically integrated solar industry client by former shareholders of an acquired business asserting amounts due under an earn-out provision in merger agreement)
  • Confidential Arbitration, Administered by American Arbitration Association (Harrisburg, PA)(April 2013)(act as party appointed arbitrator in two week arbitration concerning claims in excess of $25 million for breach of contract and related claims asserted by component assembler against automotive supplier)
  • MEMC Electronic Materials, Inc., et al. v. Balakrishnan, United States District Court, Southern District of Ohio, (June 2012)(preliminary injunction hearing regarding trade secrets and breach of restrictive covenant in employment agreement regarding manufacture of polysilicon)
  • McCord Research, Inc. v. PureTek Corp., et al., United States District Court, Southern District of Iowa, (April 2012) (three day preliminary injunction hearing regarding trade secrets and breach of manufacturing agreement regarding advanced skin and wound care products)
  • The Arbors at Sugar Creek Homeowners Assn., et  al. v. Jefferson Bank & Trust Co., et al., Circuit Court for the County of St. Louis, State of Missouri (February-April 2012)(multiple day injunction hearing regarding enforcement of declaration and restrictive covenants in upscale residential development)
  • Semi-Materials Co., Ltd. v. MEMC Electronic Materials, Inc., United States District Court, Eastern Dist. of Missouri (February 2011)(seven day jury trial related to alleged breaches of supply agreements related to polysilicon products)
  • Confidential Arbitration, Administered by United States Arbitration & Mediation-Midwest, Inc. (St. Louis, MO) (January 2010)(two day arbitration related to value of minority shareholder’s interest in closely held corporation)
  • Semi-Materials Co., Ltd. v. MEMC Electronic Materials, Inc., United States District Court, Eastern Dist. Of Missouri (January 2010)(seven day jury trial related to alleged breaches of international sales representation agreements)
  • Option Care Enterprises, Inc. v. Ferguson & Fitzgerald, American Arbitration Association (Chicago, IL)(November 2008)(four day arbitration related to termination of franchise relationship in specialty pharmaceutical industry)
  • Jewish Center for Aged, et al. v. BSPM Trustees, et al., Circuit Court for County of St. Louis, State of Missouri (June 2008)(two day injunction hearing stopping foreclosure on $55 million note on nursing home)

Available Decisions Related to Cases

  • The Arbors at Sugar Creek Homeowners Ass’n v. Jefferson Bank & Trust, 464 S.W.3d 177 (Mo. banc. 2015)(Missouri Supreme Court reverses court of appeals, affirms trial court and finds that bank’s foreclosure of lots allowed bank to amend declaration of restrictions)

  • Hellman v. Sparks, 2015 WL 1021307 (Mo. App. March 6, 2015) (court of appeals affirms trial court on various issues related to authority of community association)

  • Marple v. T-Mobile Central LLC, 639 F.3d 1109 (8th Cir. 2011)(remand of class action affirmed on issue of aggregating claims under CAFA of multiple related class actions)
  • Semi-Materials Co., Ltd. v. MEMC Electronic Materials, Inc., 655 F.3d 829 (8th Cir. 2011)(reversing award of summary judgment related to applicability of Incoterms to agreements for determining commissions under international sales representation agreements)
  • Permacel Kansas City, Inc. v. Kohler Company, 2010 U.S. Dist. LEXIS 58435 (W.D. Mo. June 14, 2010)(award of summary judgment based on non-assumption and assignment of agreement by bankruptcy trustee in automotive parts supply case)
  • Jewish Center for Aged, et al. v. BSPM Trustees, et al., 295 S.W.3d 513 (Mo. App. 2009)(injunction halting foreclosure of $55 million note on nursing home affirmed)
  • SunBorne XVI, Ltd., et al. v. Signature Flight Support Corp., 2009 U.S. Dist. LEXIS 34380 (D. Colo. April 3, 2009)(motion to compel arbitration granted in case related to development of general aviation FBO at airport)
  • Naegele v. Biomedical Systems Corp., 272 S.W.3d 385 (Mo. App. 2008) (non-solicit provision enforceable even as to customers with whom employee had a pre-existing relationship)
  • Lake Country Corp. v. The Sheraton LLC, 2008 U.S. Dist. LEXIS 77964 (W.D. Mich. Oct. 6, 2008)(franchisor has no obligation to hotel franchisee to accept reservations for period subsequent to termination of agreement)
  • Semi-Materials Co. v. MEMC Electronic Materials, Inc., 2008 U.S. Dist LEXIS 77964 (E.D. Mo. Apr. 1, 2008)(binding settlement agreement entered into between supplier and customer)
  • ASi Industries GmbH v. MEMC Electronic Materials, Inc., 2008 U.S. Dist LEXIS 10732 (E.D. Mo. Feb. 13, 2008)(partial summary judgment denied on tortious interference claim in action between supplier and customer)
  • Jewish Center for Aged v. United States HUD, 2007 U.S. Dist. LEXIS 54382 (E.D. Mo. Aug. 15, 2007)(sovereign immunity precluded action by private nursing home to enjoin sale of note)
  • City of University City, et al. v. AT&T Wireless Services, Inc., et al., 203 S.W.3d197 (Mo. 2006)(telecommunications tax legislation deemed to be an unconstitutional special law requiring reinstatement of statewide class action of 350 municipalities against wireless companies)
  • Control Technology & Solutions, Inc. v. Malden R-I School District, 181 S.W.3d 80 (Mo. App. 2005)(special venue statute permitted suit to be brought in circuit other than location of municipality)
  • City of Creve Coeur v. Order of Elks, BPOE #9, 136 S.W.3d  116 (Mo. App. 2004)(judgment and sentence of municipal ordinance violation voided)
  • E.I. DuPont de Nemours v. Huttig Building Products, 2002 Del. Super. LEXIS 315 (Del. Sup. Ct. May 28, 2002)(motion to dismiss of terminated distributor denied due to its being first filed)
  • Quality Carriers, Inc. v. MJK Distributors, 2002 U.S. Dist. LEXIS 5700 (S. D. Ill. Apr. 2, 2002)(injunctive relief awarded to stop former owner-operator affiliate from breaching non-compete provision of agreement with national trucking company)
  • Clearly Canadian Beverage Corp. v. American Winery, Inc., 257 F.3d 880 (8th Cir. 2001)(summary judgment affirmed in collection of amounts due from distributor after termination of distribution agreement)
  • Chastain v. Principi, 2001 U.S. App. LEXIS 4205 (Fed. Cir. Mar. 9, 2001) and Chastain v. West, 1998 U.S. App. LEXIS 29443 (Fed. Cir. Nov. 19, 1998)(veteran had right to argue doctrines of equitable tolling and equitable estoppel regarding timeliness of appeal of denial of administrative claim)
  • R.C. Congel Auto & Boat Sales, Inc. v. Crownline Boats, Inc., 2000 U.S. Dist. LEXIS 15322 (N.D.N.Y. Oct. 10, 2002)(boat manufacturer entitled to summary judgment on claims asserted by terminated dealer)
  • St. Charles County v. Board of Curators of University of Missouri, et al., 25 S.W.3d 159 (Mo. 2000)(statute exempting certain leaseholds of property owned by state university violative of Missouri constitution)
  • Ralston Purina v. Leggett, 23 S.W.3d 697 (Mo. App. 2000)(stock options subject to city earnings tax due)
  • Hocker Oil v. Barker Phillips Jacskon, Inc., 997 S.W.2d 510 (1999)(insurance policy provided coverage to policyholder gasoline station for leak of product)
  • St. Louis Inv. Properties, Inc. v. Rericha, 963 S.W.2d 724 (Mo. App. 1998)(forfeiture of lease appropriate when rental payments late)
  • Bi Go Markets v. Morton, 843 S.W.2d 916 (Mo. 1993)(aircraft owned by foreign corporation subject to Missouri ad valorem tax)
  • High Life Sales v. Brown Forman Corp., 823 S.W.2d 493 (Mo. 1992)(first impression decision that Missouri would generally represent outbound venue selection clauses, but not in decisions implicating important Missouri policy issues, such as the distribution of alcoholic beverages)
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Mark Leadlove currently practices civil commercial litigation and specialty tax litigation. He practices in state and federal courts and before state administrative agencies, doing both trial and appellate litigation.

Mr. Leadlove litigates both property tax and municipal tax issues, appearing before local boards of equalization, the Missouri State Tax Commission and the trial and appellate courts of the State of Missouri. He has represented owners of real and personal property, including manufacturing facilities, warehouses, office buildings, shopping centers and apartment complexes. Mr. Leadlove played a principal role representing both St. Louis Centre and the Federal Reserve Bank in property tax appeals in downtown St. Louis, Mo. He also has represented numerous property owners in the Counties of St. Louis, St. Charles, Platte, Jefferson and Warren, Mo. Issues arising in these cases have included valuation, classification and exemption, as well as recovery of mistaken tax payments. Mr. Leadlove has been a speaker on issues concerning property taxation for numerous years.

Mr. Leadlove also has litigated with the City of St. Louis over imposition of that municipality’s earnings tax on various forms of compensation. He also represents telecommunications companies in litigation involving the attempted imposition of numerous municipal utility tax ordinances to services provided by those clients.

Mr. Leadlove spent four years on active duty with the United States Army Judge Advocate General’s Corps, during which time he gained substantial experience as a trial lawyer. He also spent one year as a management consultant in the St. Louis area.

Select Representations

Highlights of Recent Trials and Arbitrations

  • MEMC Electronic Materials, Inc., et al. v. Balakrishnan, United States District Court, Southern District of Ohio, (June 2012)(preliminary injunction hearing regarding trade secrets and breach of restrictive covenant in employment agreement regarding manufacture of polysilicon)
  • McCord Research, Inc. v. PureTek Corp., et al., United States District Court, Southern District of Iowa, (April 2012) (three day preliminary injunction hearing regarding trade secrets and breach of manufacturing agreement regarding advanced skin and wound care products)
  • The Arbors at Sugar Creek Homeowners Assn., et  al. v. Jefferson Bank & Trust Co., et al., Circuit Court for the County of St. Louis, State of Missouri (February-April 2012)(multiple day injunction hearing regarding enforcement of declaration and restrictive covenants in upscale residential development)
  • Semi-Materials Co., Ltd. v. MEMC Electronic Materials, Inc., United States District Court, Eastern Dist. of Missouri (February 2011)(seven day jury trial related to alleged breaches of supply agreements related to polysilicon products)
  • Confidential Arbitration, Administered by United States Arbitration & Mediation-Midwest, Inc. (St. Louis, MO) (January 2010)(two day arbitration related to value of minority shareholder’s interest in closely held corporation)
  • Semi-Materials Co., Ltd. v. MEMC Electronic Materials, Inc., United States District Court, Eastern Dist. Of Missouri (January 2010)(seven day jury trial related to alleged breaches of international sales representation agreements)
  • Option Care Enterprises, Inc. v. Ferguson & Fitzgerald, American Arbitration Association (Chicago, IL)(November 2008)(four day arbitration related to termination of franchise relationship in specialty pharmaceutical industry)
  • Jewish Center for Aged, et al. v. BSPM Trustees, et al., Circuit Court for County of St. Louis, State of Missouri (June 2008)(two day injunction hearing stopping foreclosure on $55 million note on nursing home)

Available Decisions Related to Cases

  • Marple v. T-Mobile Central LLC, 639 F.3d 1109 (8th Cir. 2011)(remand of class action affirmed on issue of aggregating claims under CAFA of multiple related class actions)
  • Semi-Materials Co., Ltd. v. MEMC Electronic Materials, Inc., 655 F.3d 829 (8th Cir. 2011)(reversing award of summary judgment related to applicability of Incoterms to agreements for determining commissions under international sales representation agreements)
  • Permacel Kansas City, Inc. v. Kohler Company, 2010 U.S. Dist. LEXIS 58435 (W.D. Mo. June 14, 2010)(award of summary judgment based on non-assumption and assignment of agreement by bankruptcy trustee in automotive parts supply case)
  • Jewish Center for Aged, et al. v. BSPM Trustees, et al., 295 S.W.3d 513 (Mo. App. 2009)(injunction halting foreclosure of $55 million note on nursing home affirmed)
  • SunBorne XVI, Ltd., et al. v. Signature Flight Support Corp., 2009 U.S. Dist. LEXIS 34380 (D. Colo. April 3, 2009)(motion to compel arbitration granted in case related to development of general aviation FBO at airport)
  • Naegele v. Biomedical Systems Corp., 272 S.W.3d 385 (Mo. App. 2008) (non-solicit provision enforceable even as to customers with whom employee had a pre-existing relationship)
  • Lake Country Corp. v. The Sheraton LLC, 2008 U.S. Dist. LEXIS 77964 (W.D. Mich. Oct. 6, 2008)(franchisor has no obligation to hotel franchisee to accept reservations for period subsequent to termination of agreement)
  • Semi-Materials Co. v. MEMC Electronic Materials, Inc., 2008 U.S. Dist LEXIS 77964 (E.D. Mo. Apr. 1, 2008)(binding settlement agreement entered into between supplier and customer)
  • ASi Industries GmbH v. MEMC Electronic Materials, Inc., 2008 U.S. Dist LEXIS 10732 (E.D. Mo. Feb. 13, 2008)(partial summary judgment denied on tortious interference claim in action between supplier and customer)
  • Jewish Center for Aged v. United States HUD, 2007 U.S. Dist. LEXIS 54382 (E.D. Mo. Aug. 15, 2007)(sovereign immunity precluded action by private nursing home to enjoin sale of note)
  • City of University City, et al. v. AT&T Wireless Services, Inc., et al., 203 S.W.3d197 (Mo. 2006)(telecommunications tax legislation deemed to be an unconstitutional special law requiring reinstatement of statewide class action of 350 municipalities against wireless companies)
  • Control Technology & Solutions, Inc. v. Malden R-I School District, 181 S.W.3d 80 (Mo. App. 2005)(special venue statute permitted suit to be brought in circuit other than location of municipality)
  • City of Creve Coeur v. Order of Elks, BPOE #9, 136 S.W.3d  116 (Mo. App. 2004)(judgment and sentence of municipal ordinance violation voided)
  • E.I. DuPont de Nemours v. Huttig Building Products, 2002 Del. Super. LEXIS 315 (Del. Sup. Ct. May 28, 2002)(motion to dismiss of terminated distributor denied due to its being first filed)
  • Quality Carriers, Inc. v. MJK Distributors, 2002 U.S. Dist. LEXIS 5700 (S. D. Ill. Apr. 2, 2002)(injunctive relief awarded to stop former owner-operator affiliate from breaching non-compete provision of agreement with national trucking company)
  • Clearly Canadian Beverage Corp. v. American Winery, Inc., 257 F.3d 880 (8th Cir. 2001)(summary judgment affirmed in collection of amounts due from distributor after termination of distribution agreement)
  • Chastain v. Principi, 2001 U.S. App. LEXIS 4205 (Fed. Cir. Mar. 9, 2001) and Chastain v. West, 1998 U.S. App. LEXIS 29443 (Fed. Cir. Nov. 19, 1998)(veteran had right to argue doctrines of equitable tolling and equitable estoppel regarding timeliness of appeal of denial of administrative claim)
  • R.C. Congel Auto & Boat Sales, Inc. v. Crownline Boats, Inc., 2000 U.S. Dist. LEXIS 15322 (N.D.N.Y. Oct. 10, 2002)(boat manufacturer entitled to summary judgment on claims asserted by terminated dealer)
  • St. Charles County v. Board of Curators of University of Missouri, et al., 25 S.W.3d 159 (Mo. 2000)(statute exempting certain leaseholds of property owned by state university violative of Missouri constitution)
  • Ralston Purina v. Leggett, 23 S.W.3d 697 (Mo. App. 2000)(stock options subject to city earnings tax due)
  • Hocker Oil v. Barker Phillips Jacskon, Inc., 997 S.W.2d 510 (1999)(insurance policy provided coverage to policyholder gasoline station for leak of product)
  • St. Louis Inv. Properties, Inc. v. Rericha, 963 S.W.2d 724 (Mo. App. 1998)(forfeiture of lease appropriate when rental payments late)
  • Bi Go Markets v. Morton, 843 S.W.2d 916 (Mo. 1993)(aircraft owned by foreign corporation subject to Missouri ad valorem tax)
  • High Life Sales v. Brown Forman Corp., 823 S.W.2d 493 (Mo. 1992)(first impression decision that Missouri would generally represent outbound venue selection clauses, but not in decisions implicating important Missouri policy issues, such as the distribution of alcoholic beverages)

Bar and Court Admissions

Missouri, 1983

United States Army Court of Criminal Appeals

United States Courts of Appeals for the Armed Forces, Sixth, Eighth and Federal Circuits

United States District Courts for the Eastern District of Missouri, Southern District of Illinois and Western District of Michigan

Education

University of Pennsylvania, J.D., cum laude, 1983

Saint Louis University, B.S., magna cum laude, 1980

Civic Involvement and Honors

  • United States Army Reserve, Lieutenant Colonel, Judge Advocate (Ret.)
  • Neighborhood Houses, Director, 2010 – present (Chairman 2012)
  • St. Patrick Center, Board of Trustees, 2006 – present
  • Friends of the St. Louis University Liver Center Foundation, Director, 2005 – 2009
  • Kids In The Middle, Director, 1995 - 1998

Civic Involvement & Honors

    • United States Army Reserve, Lieutenant Colonel, Judge Advocate (Ret.)
    • Neighborhood Houses, Director, 2010 - present; Chairman, 2012 - present
    • St. Patrick Center, Board of Trustees, 2006 – present
    • Friends of the St. Louis University Liver Center Foundation, Director, 2005 – 2009
    • Kids In The Middle, Director, 1995 - 1998
    • St. Patrick Center, Board of Trustees, 2006 – present
    • Friends of the St. Louis University Liver Center Foundation, Director, 2005 – 2009
    • Kids In The Middle, Director, 1995 - 1998
    • Kids In The Middle, Director, 1995 - 1998
Read More

Representative Experience

Highlights of Recent Trials and Arbitrations

  • Confidential Arbitration, Administered by JAMS (San Francisco, CA)(June, 2014)(complete victory in defending claim of approximately $48 million brought against vertically integrated solar industry client by former shareholders of an acquired business asserting amounts due under an earn-out provision in merger agreement)
  • Confidential Arbitration, Administered by American Arbitration Association (Harrisburg, PA)(April 2013)(act as party appointed arbitrator in two week arbitration concerning claims in excess of $25 million for breach of contract and related claims asserted by component assembler against automotive supplier)
  • MEMC Electronic Materials, Inc., et al. v. Balakrishnan, United States District Court, Southern District of Ohio, (June 2012)(preliminary injunction hearing regarding trade secrets and breach of restrictive covenant in employment agreement regarding manufacture of polysilicon)
  • McCord Research, Inc. v. PureTek Corp., et al., United States District Court, Southern District of Iowa, (April 2012) (three day preliminary injunction hearing regarding trade secrets and breach of manufacturing agreement regarding advanced skin and wound care products)
  • The Arbors at Sugar Creek Homeowners Assn., et  al. v. Jefferson Bank & Trust Co., et al., Circuit Court for the County of St. Louis, State of Missouri (February-April 2012)(multiple day injunction hearing regarding enforcement of declaration and restrictive covenants in upscale residential development)
  • Semi-Materials Co., Ltd. v. MEMC Electronic Materials, Inc., United States District Court, Eastern Dist. of Missouri (February 2011)(seven day jury trial related to alleged breaches of supply agreements related to polysilicon products)
  • Confidential Arbitration, Administered by United States Arbitration & Mediation-Midwest, Inc. (St. Louis, MO) (January 2010)(two day arbitration related to value of minority shareholder’s interest in closely held corporation)
  • Semi-Materials Co., Ltd. v. MEMC Electronic Materials, Inc., United States District Court, Eastern Dist. Of Missouri (January 2010)(seven day jury trial related to alleged breaches of international sales representation agreements)
  • Option Care Enterprises, Inc. v. Ferguson & Fitzgerald, American Arbitration Association (Chicago, IL)(November 2008)(four day arbitration related to termination of franchise relationship in specialty pharmaceutical industry)
  • Jewish Center for Aged, et al. v. BSPM Trustees, et al., Circuit Court for County of St. Louis, State of Missouri (June 2008)(two day injunction hearing stopping foreclosure on $55 million note on nursing home)

Available Decisions Related to Cases

  • Marple v. T-Mobile Central LLC, 639 F.3d 1109 (8th Cir. 2011)(remand of class action affirmed on issue of aggregating claims under CAFA of multiple related class actions)
  • Semi-Materials Co., Ltd. v. MEMC Electronic Materials, Inc., 655 F.3d 829 (8th Cir. 2011)(reversing award of summary judgment related to applicability of Incoterms to agreements for determining commissions under international sales representation agreements)
  • Permacel Kansas City, Inc. v. Kohler Company, 2010 U.S. Dist. LEXIS 58435 (W.D. Mo. June 14, 2010)(award of summary judgment based on non-assumption and assignment of agreement by bankruptcy trustee in automotive parts supply case)
  • Jewish Center for Aged, et al. v. BSPM Trustees, et al., 295 S.W.3d 513 (Mo. App. 2009)(injunction halting foreclosure of $55 million note on nursing home affirmed)
  • SunBorne XVI, Ltd., et al. v. Signature Flight Support Corp., 2009 U.S. Dist. LEXIS 34380 (D. Colo. April 3, 2009)(motion to compel arbitration granted in case related to development of general aviation FBO at airport)
  • Naegele v. Biomedical Systems Corp., 272 S.W.3d 385 (Mo. App. 2008) (non-solicit provision enforceable even as to customers with whom employee had a pre-existing relationship)
  • Lake Country Corp. v. The Sheraton LLC, 2008 U.S. Dist. LEXIS 77964 (W.D. Mich. Oct. 6, 2008)(franchisor has no obligation to hotel franchisee to accept reservations for period subsequent to termination of agreement)
  • Semi-Materials Co. v. MEMC Electronic Materials, Inc., 2008 U.S. Dist LEXIS 77964 (E.D. Mo. Apr. 1, 2008)(binding settlement agreement entered into between supplier and customer)
  • ASi Industries GmbH v. MEMC Electronic Materials, Inc., 2008 U.S. Dist LEXIS 10732 (E.D. Mo. Feb. 13, 2008)(partial summary judgment denied on tortious interference claim in action between supplier and customer)
  • Jewish Center for Aged v. United States HUD, 2007 U.S. Dist. LEXIS 54382 (E.D. Mo. Aug. 15, 2007)(sovereign immunity precluded action by private nursing home to enjoin sale of note)
  • City of University City, et al. v. AT&T Wireless Services, Inc., et al., 203 S.W.3d197 (Mo. 2006)(telecommunications tax legislation deemed to be an unconstitutional special law requiring reinstatement of statewide class action of 350 municipalities against wireless companies)
  • Control Technology & Solutions, Inc. v. Malden R-I School District, 181 S.W.3d 80 (Mo. App. 2005)(special venue statute permitted suit to be brought in circuit other than location of municipality)
  • City of Creve Coeur v. Order of Elks, BPOE #9, 136 S.W.3d  116 (Mo. App. 2004)(judgment and sentence of municipal ordinance violation voided)
  • E.I. DuPont de Nemours v. Huttig Building Products, 2002 Del. Super. LEXIS 315 (Del. Sup. Ct. May 28, 2002)(motion to dismiss of terminated distributor denied due to its being first filed)
  • Quality Carriers, Inc. v. MJK Distributors, 2002 U.S. Dist. LEXIS 5700 (S. D. Ill. Apr. 2, 2002)(injunctive relief awarded to stop former owner-operator affiliate from breaching non-compete provision of agreement with national trucking company)
  • Clearly Canadian Beverage Corp. v. American Winery, Inc., 257 F.3d 880 (8th Cir. 2001)(summary judgment affirmed in collection of amounts due from distributor after termination of distribution agreement)
  • Chastain v. Principi, 2001 U.S. App. LEXIS 4205 (Fed. Cir. Mar. 9, 2001) and Chastain v. West, 1998 U.S. App. LEXIS 29443 (Fed. Cir. Nov. 19, 1998)(veteran had right to argue doctrines of equitable tolling and equitable estoppel regarding timeliness of appeal of denial of administrative claim)
  • R.C. Congel Auto & Boat Sales, Inc. v. Crownline Boats, Inc., 2000 U.S. Dist. LEXIS 15322 (N.D.N.Y. Oct. 10, 2002)(boat manufacturer entitled to summary judgment on claims asserted by terminated dealer)
  • St. Charles County v. Board of Curators of University of Missouri, et al., 25 S.W.3d 159 (Mo. 2000)(statute exempting certain leaseholds of property owned by state university violative of Missouri constitution)
  • Ralston Purina v. Leggett, 23 S.W.3d 697 (Mo. App. 2000)(stock options subject to city earnings tax due)
  • Hocker Oil v. Barker Phillips Jacskon, Inc., 997 S.W.2d 510 (1999)(insurance policy provided coverage to policyholder gasoline station for leak of product)
  • St. Louis Inv. Properties, Inc. v. Rericha, 963 S.W.2d 724 (Mo. App. 1998)(forfeiture of lease appropriate when rental payments late)
  • Bi Go Markets v. Morton, 843 S.W.2d 916 (Mo. 1993)(aircraft owned by foreign corporation subject to Missouri ad valorem tax)
  • High Life Sales v. Brown Forman Corp., 823 S.W.2d 493 (Mo. 1992)(first impression decision that Missouri would generally represent outbound venue selection clauses, but not in decisions implicating important Missouri policy issues, such as the distribution of alcoholic beverages)
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Mark Leadlove practices civil commercial litigation with an emphasis on the areas of franchise and distributor litigation, restrictive covenant and trade secret litigation and property tax litigation. Mr. Leadlove also has experience in intellectual property litigation. He practices in state and federal courts as well as before state administrative agencies and arbitrators. Mr. Leadlove is co-leader of the firm’s Franchise and Distribution Law Team.

Mr. Leadlove’s experience includes litigating franchise claims in various state and federal courts and in advising clients regarding franchise protection statutes and related issues. This litigation has included claims brought under both the general franchise protection statutes as well as trade-specific statutes, such as those concerning the sale and distribution of spirituous liquor and wine. Mr. Leadlove’s experience with franchise and distributor law issues encompasses a variety of industries including: healthcare, food, automotive, spirituous liquor and wine, alternative beverage and an assortment of manufacturing concerns, including recreational boating and industrial lighting. Mr. Leadlove has experience with a myriad of issues in these areas, including the existence of a franchise, termination of franchise and distributor relationships, compliance with contractual and extra-contractual requirements and the appropriate method to measure damage compensation.

Mr. Leadlove spent four years on active duty with the United States Army Judge Advocate General's Corps during which time he gained substantial experience as a trial lawyer. He also spent one year as a management consultant in the St. Louis area.

Select Representations

Highlights of Recent Trials and Arbitrations

  • MEMC Electronic Materials, Inc., et al. v. Balakrishnan, United States District Court, Southern District of Ohio, (June 2012)(preliminary injunction hearing regarding trade secrets and breach of restrictive covenant in employment agreement regarding manufacture of polysilicon)
  • McCord Research, Inc. v. PureTek Corp., et al., United States District Court, Southern District of Iowa, (April 2012) (three day preliminary injunction hearing regarding trade secrets and breach of manufacturing agreement regarding advanced skin and wound care products)
  • The Arbors at Sugar Creek Homeowners Assn., et  al. v. Jefferson Bank & Trust Co., et al., Circuit Court for the County of St. Louis, State of Missouri (February-April 2012)(multiple day injunction hearing regarding enforcement of declaration and restrictive covenants in upscale residential development)
  • Semi-Materials Co., Ltd. v. MEMC Electronic Materials, Inc., United States District Court, Eastern Dist. of Missouri (February 2011)(seven day jury trial related to alleged breaches of supply agreements related to polysilicon products)
  • Confidential Arbitration, Administered by United States Arbitration & Mediation-Midwest, Inc. (St. Louis, MO) (January 2010)(two day arbitration related to value of minority shareholder’s interest in closely held corporation)
  • Semi-Materials Co., Ltd. v. MEMC Electronic Materials, Inc., United States District Court, Eastern Dist. Of Missouri (January 2010)(seven day jury trial related to alleged breaches of international sales representation agreements)
  • Option Care Enterprises, Inc. v. Ferguson & Fitzgerald, American Arbitration Association (Chicago, IL)(November 2008)(four day arbitration related to termination of franchise relationship in specialty pharmaceutical industry)
  • Jewish Center for Aged, et al. v. BSPM Trustees, et al., Circuit Court for County of St. Louis, State of Missouri (June 2008)(two day injunction hearing stopping foreclosure on $55 million note on nursing home)

Available Decisions Related to Cases

  • Marple v. T-Mobile Central LLC, 639 F.3d 1109 (8th Cir. 2011)(remand of class action affirmed on issue of aggregating claims under CAFA of multiple related class actions)
  • Semi-Materials Co., Ltd. v. MEMC Electronic Materials, Inc., 655 F.3d 829 (8th Cir. 2011)(reversing award of summary judgment related to applicability of Incoterms to agreements for determining commissions under international sales representation agreements)
  • Permacel Kansas City, Inc. v. Kohler Company, 2010 U.S. Dist. LEXIS 58435 (W.D. Mo. June 14, 2010)(award of summary judgment based on non-assumption and assignment of agreement by bankruptcy trustee in automotive parts supply case)
  • Jewish Center for Aged, et al. v. BSPM Trustees, et al., 295 S.W.3d 513 (Mo. App. 2009)(injunction halting foreclosure of $55 million note on nursing home affirmed)
  • SunBorne XVI, Ltd., et al. v. Signature Flight Support Corp., 2009 U.S. Dist. LEXIS 34380 (D. Colo. April 3, 2009)(motion to compel arbitration granted in case related to development of general aviation FBO at airport)
  • Naegele v. Biomedical Systems Corp., 272 S.W.3d 385 (Mo. App. 2008) (non-solicit provision enforceable even as to customers with whom employee had a pre-existing relationship)
  • Lake Country Corp. v. The Sheraton LLC, 2008 U.S. Dist. LEXIS 77964 (W.D. Mich. Oct. 6, 2008)(franchisor has no obligation to hotel franchisee to accept reservations for period subsequent to termination of agreement)
  • Semi-Materials Co. v. MEMC Electronic Materials, Inc., 2008 U.S. Dist LEXIS 77964 (E.D. Mo. Apr. 1, 2008)(binding settlement agreement entered into between supplier and customer)
  • ASi Industries GmbH v. MEMC Electronic Materials, Inc., 2008 U.S. Dist LEXIS 10732 (E.D. Mo. Feb. 13, 2008)(partial summary judgment denied on tortious interference claim in action between supplier and customer)
  • Jewish Center for Aged v. United States HUD, 2007 U.S. Dist. LEXIS 54382 (E.D. Mo. Aug. 15, 2007)(sovereign immunity precluded action by private nursing home to enjoin sale of note)
  • City of University City, et al. v. AT&T Wireless Services, Inc., et al., 203 S.W.3d197 (Mo. 2006)(telecommunications tax legislation deemed to be an unconstitutional special law requiring reinstatement of statewide class action of 350 municipalities against wireless companies)
  • Control Technology & Solutions, Inc. v. Malden R-I School District, 181 S.W.3d 80 (Mo. App. 2005)(special venue statute permitted suit to be brought in circuit other than location of municipality)
  • City of Creve Coeur v. Order of Elks, BPOE #9, 136 S.W.3d  116 (Mo. App. 2004)(judgment and sentence of municipal ordinance violation voided)
  • E.I. DuPont de Nemours v. Huttig Building Products, 2002 Del. Super. LEXIS 315 (Del. Sup. Ct. May 28, 2002)(motion to dismiss of terminated distributor denied due to its being first filed)
  • Quality Carriers, Inc. v. MJK Distributors, 2002 U.S. Dist. LEXIS 5700 (S. D. Ill. Apr. 2, 2002)(injunctive relief awarded to stop former owner-operator affiliate from breaching non-compete provision of agreement with national trucking company)
  • Clearly Canadian Beverage Corp. v. American Winery, Inc., 257 F.3d 880 (8th Cir. 2001)(summary judgment affirmed in collection of amounts due from distributor after termination of distribution agreement)
  • Chastain v. Principi, 2001 U.S. App. LEXIS 4205 (Fed. Cir. Mar. 9, 2001) and Chastain v. West, 1998 U.S. App. LEXIS 29443 (Fed. Cir. Nov. 19, 1998)(veteran had right to argue doctrines of equitable tolling and equitable estoppel regarding timeliness of appeal of denial of administrative claim)
  • R.C. Congel Auto & Boat Sales, Inc. v. Crownline Boats, Inc., 2000 U.S. Dist. LEXIS 15322 (N.D.N.Y. Oct. 10, 2002)(boat manufacturer entitled to summary judgment on claims asserted by terminated dealer)
  • St. Charles County v. Board of Curators of University of Missouri, et al., 25 S.W.3d 159 (Mo. 2000)(statute exempting certain leaseholds of property owned by state university violative of Missouri constitution)
  • Ralston Purina v. Leggett, 23 S.W.3d 697 (Mo. App. 2000)(stock options subject to city earnings tax due)
  • Hocker Oil v. Barker Phillips Jacskon, Inc., 997 S.W.2d 510 (1999)(insurance policy provided coverage to policyholder gasoline station for leak of product)
  • St. Louis Inv. Properties, Inc. v. Rericha, 963 S.W.2d 724 (Mo. App. 1998)(forfeiture of lease appropriate when rental payments late)
  • Bi Go Markets v. Morton, 843 S.W.2d 916 (Mo. 1993)(aircraft owned by foreign corporation subject to Missouri ad valorem tax)
  • High Life Sales v. Brown Forman Corp., 823 S.W.2d 493 (Mo. 1992)(first impression decision that Missouri would generally represent outbound venue selection clauses, but not in decisions implicating important Missouri policy issues, such as the distribution of alcoholic beverages)

Bar and Court Admissions

Missouri, 1983

United States Army Court of Criminal Appeals

United States Courts of Appeals for the Armed Forces, Sixth, Eighth and Federal Circuits

United States District Courts for the Eastern District of Missouri, Southern District of Illinois and Western District of Michigan

Education

University of Pennsylvania, J.D., cum laude, 1983

Saint Louis University, B.S., magna cum laude, 1980

Civic Involvement and Honors

  • United States Army Reserve, Lieutenant Colonel, Judge Advocate (Ret.)
  • Neighborhood Houses, Director, 2010 – present (Chairman 2012)
  • St. Patrick Center, Board of Trustees, 2006 – present
  • Friends of the St. Louis University Liver Center Foundation, Director, 2005 – 2009
  • Kids In The Middle, Director, 1995 - 1998

Civic Involvement & Honors

    • United States Army Reserve, Lieutenant Colonel, Judge Advocate (Ret.)
    • Neighborhood Houses, Director, 2010 - present; Chairman, 2012 - present
    • St. Patrick Center, Board of Trustees, 2006 – present
    • Friends of the St. Louis University Liver Center Foundation, Director, 2005 – 2009
    • Kids In The Middle, Director, 1995 - 1998
    • St. Patrick Center, Board of Trustees, 2006 – present
    • Friends of the St. Louis University Liver Center Foundation, Director, 2005 – 2009
    • Kids In The Middle, Director, 1995 - 1998
    • Kids In The Middle, Director, 1995 - 1998
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Representative Experience

Highlights of Recent Trials and Arbitrations

  • Confidential Arbitration, Administered by JAMS (San Francisco, CA)(June, 2014)(complete victory in defending claim of approximately $48 million brought against vertically integrated solar industry client by former shareholders of an acquired business asserting amounts due under an earn-out provision in merger agreement)
  • Confidential Arbitration, Administered by American Arbitration Association (Harrisburg, PA)(April 2013)(act as party appointed arbitrator in two week arbitration concerning claims in excess of $25 million for breach of contract and related claims asserted by component assembler against automotive supplier)
  • MEMC Electronic Materials, Inc., et al. v. Balakrishnan, United States District Court, Southern District of Ohio, (June 2012)(preliminary injunction hearing regarding trade secrets and breach of restrictive covenant in employment agreement regarding manufacture of polysilicon)
  • McCord Research, Inc. v. PureTek Corp., et al., United States District Court, Southern District of Iowa, (April 2012) (three day preliminary injunction hearing regarding trade secrets and breach of manufacturing agreement regarding advanced skin and wound care products)
  • The Arbors at Sugar Creek Homeowners Assn., et  al. v. Jefferson Bank & Trust Co., et al., Circuit Court for the County of St. Louis, State of Missouri (February-April 2012)(multiple day injunction hearing regarding enforcement of declaration and restrictive covenants in upscale residential development)
  • Semi-Materials Co., Ltd. v. MEMC Electronic Materials, Inc., United States District Court, Eastern Dist. of Missouri (February 2011)(seven day jury trial related to alleged breaches of supply agreements related to polysilicon products)
  • Confidential Arbitration, Administered by United States Arbitration & Mediation-Midwest, Inc. (St. Louis, MO) (January 2010)(two day arbitration related to value of minority shareholder’s interest in closely held corporation)
  • Semi-Materials Co., Ltd. v. MEMC Electronic Materials, Inc., United States District Court, Eastern Dist. Of Missouri (January 2010)(seven day jury trial related to alleged breaches of international sales representation agreements)
  • Option Care Enterprises, Inc. v. Ferguson & Fitzgerald, American Arbitration Association (Chicago, IL)(November 2008)(four day arbitration related to termination of franchise relationship in specialty pharmaceutical industry)
  • Jewish Center for Aged, et al. v. BSPM Trustees, et al., Circuit Court for County of St. Louis, State of Missouri (June 2008)(two day injunction hearing stopping foreclosure on $55 million note on nursing home)

Available Decisions Related to Cases

  • Marple v. T-Mobile Central LLC, 639 F.3d 1109 (8th Cir. 2011)(remand of class action affirmed on issue of aggregating claims under CAFA of multiple related class actions)
  • Semi-Materials Co., Ltd. v. MEMC Electronic Materials, Inc., 655 F.3d 829 (8th Cir. 2011)(reversing award of summary judgment related to applicability of Incoterms to agreements for determining commissions under international sales representation agreements)
  • Permacel Kansas City, Inc. v. Kohler Company, 2010 U.S. Dist. LEXIS 58435 (W.D. Mo. June 14, 2010)(award of summary judgment based on non-assumption and assignment of agreement by bankruptcy trustee in automotive parts supply case)
  • Jewish Center for Aged, et al. v. BSPM Trustees, et al., 295 S.W.3d 513 (Mo. App. 2009)(injunction halting foreclosure of $55 million note on nursing home affirmed)
  • SunBorne XVI, Ltd., et al. v. Signature Flight Support Corp., 2009 U.S. Dist. LEXIS 34380 (D. Colo. April 3, 2009)(motion to compel arbitration granted in case related to development of general aviation FBO at airport)
  • Naegele v. Biomedical Systems Corp., 272 S.W.3d 385 (Mo. App. 2008) (non-solicit provision enforceable even as to customers with whom employee had a pre-existing relationship)
  • Lake Country Corp. v. The Sheraton LLC, 2008 U.S. Dist. LEXIS 77964 (W.D. Mich. Oct. 6, 2008)(franchisor has no obligation to hotel franchisee to accept reservations for period subsequent to termination of agreement)
  • Semi-Materials Co. v. MEMC Electronic Materials, Inc., 2008 U.S. Dist LEXIS 77964 (E.D. Mo. Apr. 1, 2008)(binding settlement agreement entered into between supplier and customer)
  • ASi Industries GmbH v. MEMC Electronic Materials, Inc., 2008 U.S. Dist LEXIS 10732 (E.D. Mo. Feb. 13, 2008)(partial summary judgment denied on tortious interference claim in action between supplier and customer)
  • Jewish Center for Aged v. United States HUD, 2007 U.S. Dist. LEXIS 54382 (E.D. Mo. Aug. 15, 2007)(sovereign immunity precluded action by private nursing home to enjoin sale of note)
  • City of University City, et al. v. AT&T Wireless Services, Inc., et al., 203 S.W.3d197 (Mo. 2006)(telecommunications tax legislation deemed to be an unconstitutional special law requiring reinstatement of statewide class action of 350 municipalities against wireless companies)
  • Control Technology & Solutions, Inc. v. Malden R-I School District, 181 S.W.3d 80 (Mo. App. 2005)(special venue statute permitted suit to be brought in circuit other than location of municipality)
  • City of Creve Coeur v. Order of Elks, BPOE #9, 136 S.W.3d  116 (Mo. App. 2004)(judgment and sentence of municipal ordinance violation voided)
  • E.I. DuPont de Nemours v. Huttig Building Products, 2002 Del. Super. LEXIS 315 (Del. Sup. Ct. May 28, 2002)(motion to dismiss of terminated distributor denied due to its being first filed)
  • Quality Carriers, Inc. v. MJK Distributors, 2002 U.S. Dist. LEXIS 5700 (S. D. Ill. Apr. 2, 2002)(injunctive relief awarded to stop former owner-operator affiliate from breaching non-compete provision of agreement with national trucking company)
  • Clearly Canadian Beverage Corp. v. American Winery, Inc., 257 F.3d 880 (8th Cir. 2001)(summary judgment affirmed in collection of amounts due from distributor after termination of distribution agreement)
  • Chastain v. Principi, 2001 U.S. App. LEXIS 4205 (Fed. Cir. Mar. 9, 2001) and Chastain v. West, 1998 U.S. App. LEXIS 29443 (Fed. Cir. Nov. 19, 1998)(veteran had right to argue doctrines of equitable tolling and equitable estoppel regarding timeliness of appeal of denial of administrative claim)
  • R.C. Congel Auto & Boat Sales, Inc. v. Crownline Boats, Inc., 2000 U.S. Dist. LEXIS 15322 (N.D.N.Y. Oct. 10, 2002)(boat manufacturer entitled to summary judgment on claims asserted by terminated dealer)
  • St. Charles County v. Board of Curators of University of Missouri, et al., 25 S.W.3d 159 (Mo. 2000)(statute exempting certain leaseholds of property owned by state university violative of Missouri constitution)
  • Ralston Purina v. Leggett, 23 S.W.3d 697 (Mo. App. 2000)(stock options subject to city earnings tax due)
  • Hocker Oil v. Barker Phillips Jacskon, Inc., 997 S.W.2d 510 (1999)(insurance policy provided coverage to policyholder gasoline station for leak of product)
  • St. Louis Inv. Properties, Inc. v. Rericha, 963 S.W.2d 724 (Mo. App. 1998)(forfeiture of lease appropriate when rental payments late)
  • Bi Go Markets v. Morton, 843 S.W.2d 916 (Mo. 1993)(aircraft owned by foreign corporation subject to Missouri ad valorem tax)
  • High Life Sales v. Brown Forman Corp., 823 S.W.2d 493 (Mo. 1992)(first impression decision that Missouri would generally represent outbound venue selection clauses, but not in decisions implicating important Missouri policy issues, such as the distribution of alcoholic beverages)