Mark advises individuals and closely held businesses and their owners on a broad range of matters relating to the acquisition, formation, operation, and sale of business enterprises. He assists clients with respect to the choice of entity and operational matters, as well as the negotiation and drafting of a wide range of business agreements, including development, services, licensing, employment-related contracts, and real estate leases or purchase and sale agreements. A substantial part of Mark’s practice involves asset and stock purchase transactions as well as mergers. He also works closely with his clients’ accountants, financial planners, and lenders to help coordinate legal matters with other important components of running a successful business.

Mark began his career as a commercial litigator, spending more than a decade with the national firm of Popham Haik. In 1995, he and several colleagues left to form Plunket Schwartz Peterson, a boutique firm with a national practice. Mark served as its president and chief operating officer for five years. He also transitioned to a business-focused and transactional practice before leaving to join Moss & Barnett in 2000. His extensive litigation background and management experience provide him with a unique perspective on business negotiations and the drafting of business agreements.

Mark also continues to counsel clients in matters involving commercial disputes and regulatory compliance and represents them in contested regulatory matters. He has appeared on behalf of clients in a number of investigative and enforcement actions brought by the Consumer Financial Protection Bureau (CFPB), the Federal Trade Commission (FTC), and the Environmental Protection Agency (EPA), as well as by state attorneys general and administrative agencies.

Experience

  • Represented buyers and sellers on more than 50 asset sales or acquisitions.
  • Served as seller’s counsel on several sales of stock to private equity groups, with purchase prices ranging from $20 million to several hundred million dollars.
  • Counseled buyer of hotel and related water park (2017).
  • Represented targeted company in multiyear civil investigation by the CFPB, which was eventually resolved with a de minimis settlement. 
  • Acted as buyer’s counsel in acquisition of Rocky Mountain ski operation (2016).
  • Represented seller of Colorado resort hotel and convention facility (2013).

Credentials

Education

University of Minnesota Law School, J.D.

St. Olaf College, B.A.; magna cum laude; Phi Beta Kappa

Admissions

  • Minnesota
  • U.S. Supreme Court

Honors & Recognitions

Martindale-Hubbell AV Preeminent®

News & Insights

Speaking Engagements

Publications

Affiliations

Professional Associations

  • American Bar Association
  • Minnesota State Bar Association
  • Hennepin County Bar Association
  • Former member, International Association of Defense Counsel

Community Involvement

  • Humor to Fight the Tumor Foundation
  • College of Elders, Christ Presbyterian Church
  • Former member, Board of Management, YMCA, Southdale branch
  • Former member, Board of Directors, Cystic Fibrosis Foundation, Minnesota chapter
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