Mark F. Enenbach


Mark is a seasoned trial lawyer with invaluable experience handling a broad range of bet-the-company business and commercial matters.  In his decades of successfully leading clients through complex antitrust, environmental and other regulatory enforcement, and a large variety of commercial disputes, he has represented Fortune 500 companies and mid-size businesses across the country in federal and state courts, and before governmental agencies.

Mark also represents businesses and their leaders in the midst of high-stakes white-collar investigations, using in part his experience as a special prosecutor.  He brings his sophisticated background to the table to set and implement an effective strategy to deal with criminal and related civil risks in these intense situations.  He is aggressive in maximizing his client’s interests while serving as a calming force behind closed doors.

Mark’s professionalism has been long recognized in Best Lawyers of America, and he shares his expertise as an Adjunct Professor at Creighton University’s Heider School of Business.


Representative Matters

  • Defending a Fortune 500 international food and beverage company in a number of antitrust suits (both individual and class action) in federal jurisdictions across the country.
  • Defending a Fortune 500 international food and beverage company in a Department of Justice antitrust matter in the State of New York.
  • Defending a Fortune 500 international food and beverage company in a wide variety of commercial disputes (contract, fraud, securities and franchise) in various federal and state jurisdictions.
  • Defending a national leader in the sale and distribution of agriculture products in state and federal antitrust enforcement actions brought by regulators.
  • Defending an international provider of infrastructure products and agriculture irrigation equipment in contract, product liability and other commercial cases within Nebraska and around the country.
  • Defending a national agriculture financial cooperative in a False Claims Act case in the State of Iowa.
  • Defending a Fortune 500 international food and beverage company, and an international provider of infrastructure products and agriculture irrigation equipment, in various environmental actions brought on behalf of EPA.
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Recent Activity
Professional Background
Admitted

Nebraska, 1976

U.S. Court of Appeals, Eighth Circuit, 1981

U.S. Court of Appeals, D.C. Circuit

U.S. Court of Military Appeals

Education

Creighton University School of Law, J.D., 1976

University of Nebraska-Lincoln, B.S. (Business), 1973

Accomplishments

Listed: “Best Lawyers in America”, Commercial Litigation, Litigation – Antitrust, Litigation – Environmental, Litigation – Regulatory Enforcement (SEC, Telecom, Energy)

Author: “Contracting with the Sovereign – A Liberty Interest,” 16 Creighton Law Review 47, 1983, reprinted “Yearbook of Procurement Articles,” Vol. 20, Federal Publications, Inc., 1983

Special Prosecutor Douglas County, Nebraska, 2010

Professional Organizations

Omaha Bar Association

Nebraska State Bar Association

American Bar Association (Member, Subcommittee on Debarment and Suspension)

Military Capt., JAGC, U.S. Army, 1976-1980