Introduction

Mark focuses on complex real estate-related litigation, but also has experience handling real estate transactions, which makes him a more effective litigator. Mark has represented both plaintiffs and defendants in disputes in both state and federal courts throughout the Upper Midwest. Mark has successfully handled a variety of cases all the way through trial and appeal. Mark is well known for his hard work, responsiveness, and expertise in handling commercial landlord-tenant disputes, complex foreclosures, construction disputes, and significant boundary and easement litigation. Mark is a shareholder and started his practice at Fredrikson & Byron in 1997. 

Education

• University of Wisconsin Law School, J.D., 1997, cum laude
• University of Wisconsin, B.S., Political Science, 1994, with distinction

Bar Admissions

• Minnesota, 1997
• Wisconsin, 1997
• U.S. District Court, Western District of Wisconsin, 1997
• U.S. District Court, District of Minnesota, 1998
• U.S. Court of Appeals, Eighth Circuit, 1998

Practice Areas

• Real Estate Litigation
• Litigation
• Real Estate
• Energy
• Construction
• Transmission
• Banking & Financial Services Litigation

Representative Experience

• Mark and his team represented a well-known Minnesota non-profit corporation in a dispute with a national telecommunications company. After nearly two years of litigation, and substantial discovery and motion practice, the court adopted Mark’s arguments and granted his client’s motion for partial summary judgment. Soon thereafter, with most of the key issues decided, the case settled on terms very favorable to Mark’s client.
• Mark and his team represented a townhome builder that was the target of a construction defect lawsuit brought by the project’s homeowners association. The association sought over $2 million in damages. Mark successfully argued for dismissal of the case on summary judgment. With its claims dismissed by the trial court, and facing the prospect of an award of attorneys’ fees against it, the association agreed to waive its appeal rights.
• Mark defended a golf course against a suit brought by its landlord seeking to evict the course from its leased premises and recover a judgment in excess of $2 million. After a five day trial in this “bet the company” case, Mark’s client prevailed on all claims and was awarded attorneys’ fees.
• Mark represented a local company in a suit to collect a significant amount of rent from its commercial tenant who vacated its premises claiming to have been unlawfully forced out. After a two day trial, the jury rejected the tenant’s claims and awarded Mark’s client every dime it had asked for.
• Another of Mark’s clients was the target of a claim that it had breached a purchase agreement to sell land for a major townhome development. The plaintiff sought damages from Mark’s client in excess of $6 million. After a three day trial, the court ruled for Mark’s client on all counts and awarded the opposition nothing.

Selected Publications & Presentations

• Presenter, “Considerations for Managing the OREO on Your Books,” Bank Holding Company Association Webinar, June 13, 2013
• Presenter, “Advising the Disadvantaged – Residential Eviction Defense,” Minnesota CLE, March 19, 2012 and February 26, 2013
• Speaker, “Damages, Trespass, Trees and Punitive Damages,” One Step Over the Line…Boundaries, Access & Surveys, June 3, 2011
• Presenter, “Leases, Evictions, Litigation & Settlement,” 10th Annual Landlord-Tenant Law Seminar, April 13, 2011
• “Real Estate Legislative Update: 2010 Minnesota Legislative Session,” co-authored with Hiep Pham and Mary Ranum, FredNEWS: Real Estate, August 2010
• Speaker, “Fundamentals of Loan Workouts and Remedies: Options and Mock Workout Negotiations,” Distressed Real Estate Summit Part II, December 4, 2009
• Speaker, “Foreclosures: The Process, Pitfalls & Opportunities,” NAIOP Minnesota Chapter, August 11, 2009
• “Getting More Than You Bargained for in Foreclosing on Townhomes and Condos,” co-authored with Larry Berg, FredNEWS: Real Estate, May 2009
• “Mortgage Foreclosures,” 2008 Real Estate Law Conference, September 5, 2008
• “Foreclosure Basics,” Fredrikson & Byron Real Estate Conference: Troubled Real Estate Loans in a Down Market, April 30, 2008
• Co-Author and Speaker, “Commercial and Residential Evictions and Collecting Overdue Rent,” Sterling Education Services, April 2007
• “Developments in Takings Law,” co-authored with Mary Ranum, Fredrikson & Byron’s Real Estate Focus Newsletter, August 2005
• Co-Author and Speaker “A Practical Guide to Commercial Eviction,” National Business Institute, January 2005
• Co-Author and Speaker, “Mortgage Foreclosure in Minnesota,” Lorman Education Services, December 2004
• “What To Do When A Tenant Stops Paying Rent,” Fredrikson & Byron’s Real Estate Focus Newsletter, November 2004
• Co-Author and Speaker, “Commercial and Residential Evictions and Collecting Overdue Rent,” Sterling Education Services, October 2004
• Co-Author and Speaker, “Evictions and Landlord/Tenant Law in Minnesota,” National Business Institute, September 2003
• “Home Sellers Must Comply With New Disclosure Requirements,” Fredrikson & Byron’s Real Estate Focus Newsletter, May 2003
• “New Legislation Increases Disclosure Requirements for Home Sellers,” Fredrikson & Byron’s Real Estate Focus Newsletter, November 2002

Professional Activities

• Minnesota State Bar Association
• State Bar of Wisconsin
• Hennepin County Bar Association
• Volunteer Lawyers Network, Co-Chair of Housing Committee, 2004-2007

Honors & Distinctions

• Order of the Coif
• Named a Rising Star by Minnesota Super Lawyers magazine and Minnesota Journal of Law & Politics magazine