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 tried cases for both plaintiffs and defendants in states across the Upper Midwest. Mark also 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.

Services

Experience

  • Mark represented the lessee/operator in a dispute over whether an oil and gas lease had expired. After a three-day trial, the court found in favor of Mark’s client. After the trial, the lessors appealed to the North Dakota Supreme Court. Following oral argument, the Supreme Court adopted Mark’s reasoning and affirmed the trial court’s decision.
  • 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.

Credentials

Education

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

Admissions

  • Minnesota, 1997
  • Wisconsin, 1997
  • North Dakota, 2014
  • Arizona, 2016
  • U.S. District Court for the District of North Dakota, 2016
  • U.S. District Court for the Western District of Wisconsin, 1997
  • U.S. District Court for the District of Minnesota, 1998
  • U.S. Court of Appeals for the Eighth Circuit, 1998
  • U.S. Supreme Court, 2021

Recognition

  • POWER 30: Real Estate and Construction Law, Minnesota Lawyer’s, 2021, 2022
  • Order of the Coif
  • Rising Star, Minnesota Super Lawyers,

Civic & Professional

Professional Activities

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

Community

  • Lafayette Club Racquet Sports Committee, Member, 2022-present
  • Allison H.O.P.E. Foundation, Board Member, 2022-present
  • MYAS-Certified Youth Basketball Official, 2021-present
  • Volunteer Lawyers Network, Board Member, 2010-2016
  • Maple Grove Crimson Football Athletic Club, Board Member, 2016-2020, President, 2018-2020
  • Maple Grove Youth Football Association, Coach and Board Member, 2011-2016

News & Insights

Legal Updates

Publications & Presentations

Co-Presenter, “I Didn’t Think About That… A Look at 5 Issues That May Impact a Lakeshore Purchase,” Minnesota CLE: Buying, Selling and Owning Lakeshore Property in Minnesota, June 10, 2022

Speaker, “Mortgage Foreclosure: Foreclosure by Action,” Minnesota CLE, February 16, 2021

Presenter, “Construction Defects & Disputes,” Hennepin County Bar Association CLE, December 17, 2020

Presenter, “Minnesota Workouts and Foreclosures,” Minnesota State Bar Association, December 2, 2020

Co-Presenter, “Mortgage Foreclosures,” Minnesota CLE: The Complete Real Estate Lawyer, July 23, 2020

Presenter, “Minnesota Workouts and Foreclosures,” Fredrikson & Byron Webinar, June 23, 2020

Presenter, “Minnesota Workouts and Foreclosures,” Hennepin County Bar Association Webinar, May 14, 2020

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, March 20, 2018, March 12, 2019 and March 19, 2020

Co-Presenter, “Construction Defects & Disputes – Warranties, Right to Inspect & Repair, and Preserving Evidence,” Minnesota CLE, October 31, 2019

Presenter, “Do Good Fences Make Good Neighbors? Fences and Boundary Issues,” Minnesota CLE, June 6, 2019

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

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