Mark W. Vyvyan

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Email: mvyvyan@fredlaw.com
Office: 612.492.7005
Mobile: 612.209.6375
Assistant: Julie Ciesynski, 612.492.7513

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PRIMARY SERVICES

Litigation
Real Estate Litigation
Banking & Financial Services Litigation
Construction

ADDITIONAL EXPERTISE

Energy
Real Estate
Sports & Entertainment
Debt Finance

“I thrive on the challenge of winning the tough cases.”

Overview

Mark is a litigator, known for winning important cases for his clients in areas like commercial landlord-tenant disputes, complex foreclosures, construction disputes, oil and gas litigation, and significant boundary and easement disputes.

Although Mark is a litigator and focuses his practice on real estate disputes, he also has experience handling real estate transactions, which makes him a more effective litigator. Mark has represented both plaintiffs and defendants in 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 also a qualified neutral under Rule 114 of the Minnesota General Rules of Practice. He mediates real estate-related matters, including residential and commercial construction disputes, commercial landlord-tenant matters and boundary and easement disputes. Mark is well-known for his hard work, responsiveness and expertise in achieving great results for his clients.

Experience

REPRESENTATIVE EXPERIENCE

Mark and his team represented a well-known Minnesota nonprofit 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.
Mark represented an owner in a construction dispute in North Dakota. After a two-day trial, the jury found for Mark’s client and awarded the opposition nothing.

Articles & Presentations

Would-Be Lumberjacks – A Look at Tree-Related Disputes

June 13, 2017

By Mark W. Vyvyan

When it comes to trees, Minnesota law allows neighbors to take the law into their own hands under the right circumstances.

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New Law Seeks to Lessen Condominium Construction Defect Claims

June 2, 2017

By Mark W. Vyvyan

Governor Dayton has signed into law House Bill 1538, which adds additional requirements for condominium and townhome homeowners associations wishing to bring construction defect claims against developers.

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Real Estate Considerations for Managing the OREO on Your Books

June 2, 2014

By Mark W. Vyvyan

Following the “Great Recession” of 2008 and 2009, banks were forced to foreclose on a number of mortgages granted to defaulting borrowers. As a result, banks’ portfolios of “other real estate owned” grew significantly. Although the economy is recovering, these OREO properties continue to demand significant attention. While there are many regulatory issues related to OREO properties, this article will focus on some of the real estate related considerations for managing your OREO.

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PUBLICATIONS & PRESENTATIONS

Presenter, “Advising the Disadvantaged – Residential Eviction Defense,” Minnesota CLE, March 19, 2012, February 26, 2013, February 19, 2014, February 4, 2015, March 7, 2016, March 29, 2017 and March 20, 2018
Presenter, “Fundamentals of Landlord-Tenant Law,” Sterling Education Services, December 19, 2014
Presenter, “Considerations for Managing the OREO on Your Books,” Bank Holding Company Association Webinar, June 13, 2013
Speaker, “Damages, Trespass, Trees and Punitive Damages,” One Step Over the Line…Boundaries, Access & Surveys, June 3, 2011

Honors & Education

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
North Dakota, 2014
Arizona, 2016
U.S. District Court, District of North Dakota, 2016
District Court, Western District of Wisconsin, 1997
District Court, District of Minnesota, 1998
Court of Appeals, Eighth Circuit, 1998

HONORS

Order of the Coif
Minnesota Super Lawyers, Rising Star

Super Lawyers

Professional Activities

PROFESSIONAL ACTIVITIES

Minnesota State Bar Association
State Bar of Wisconsin
Hennepin County Bar Association

COMMUNITY

Volunteer Lawyers Network, Board Member, 2010-2016
Maple Grove Crimson Football Athletic Club, Board Member, 2016-present, President, 2018-present
Maple Grove Youth Football Association, Coach and Board Member, 2011-2016