Mark R. Kaster
PEOPLE

Mark R. Kaster

Partner
kaster.mark@dorsey.com

Overview

MARK IS A NATIONALLY RECOGNIZED LAWYER WITH OVER THIRTY-FIVE YEARS OF EXPERIENCE HELPING CLIENTS RESOLVE REGULATORY COMPLIANCE MATTERS IN LITIGATION, ADMINISTRATIVE ACTIONS, ENFORCEMENT PROCEEDINGS AND COMPLEX NEGOTIATIONS.

Mark has represented clients before federal, state and local regulatory bodies in complex matters involving the regulation of business operations and enterprise risk management.  Mark approaches these complex relationships to find creative solutions to help clients meet their business objectives and regulatory obligations.

Mark’s national expertise includes strategic advice and planning involving all aspects of administrative and regulatory law.  He works closely with clients on project acquisition and diligence, project permitting, environmental, health and safety requirements, workplace/mine safety regulations, toxic tort laws, chemical regulations, corporate social responsibility, product stewardship and sustainability, product labeling and marketing claims, administrative and regulatory proceeding and complex civil litigation. 

Mark is a partner in Dorsey’s Regulatory Affairs Group.  He also is an active participant in Dorsey’s Natural Resources Industry Group, Mergers & Acquisition Group, Development and Infrastructure Group and Food, Beverage and Agribusiness Industry Group.  He obtained a Master’s Degree from the University of Minnesota School of Public Health while also attending law school.  He worked as a water chemist prior to law school and understands the science and the law in helping clients respond to environmental, health and safety risks.

Education & Admissions

William Mitchell College of Law (J.D., 1984), Law Journal, Torts and Insurance Law Section

University of Exeter (U.K.) (Law Program, 1982), College of William and Mary International Law Program

University of Minnesota (M.S., 1982), School of Public Health

University of Minnesota (B.S., 1979), College of Biological Sciences

Admissions

  • Minnesota
  • U.S. District Courts for Minnesota
  • Minnesota State Courts
  • Eighth Circuit U.S. Court of Appeals
  • Ninth Circuit U.S. Court of Appeals
  • D.C. Court of Appeals

Experience

Representative Experience

  • Represented client selling CBD products and advised on health claims, clinical study programs and related FDA and FTC guidance on product claims.
  • Advised large Fortune 500 company on testing of products involving CBD ingredients, including cross border issues.
  • Advised client regarding the infusion of CBD in beverage products.
  • Advised client regarding the use of CBD in food products.
  • Advised clients on psychedelic substances, compliance with the Controlled Substances Act, clinical trials, FDA and DEA controls.
  • Prepared financing opinions for transactions involving psychedelic products.
  • Advised on compliance with state laws regarding both CBD and cannabis products as well as psychedelics.
  • Advised clients on CBD product labeling, including edible and tincture products.
  • On the defense team in one of the first national Superfund cases (U.S. v. Reilly Tar and Chemical Co.) that defined the boundaries of Superfund and toxic tort liability in the United States.
  • Represents companies on large project development, NEPA review and permitting.
  • Represents a large copper, nickel and PGM mining company in project development, permitting and environmental review for a proposed underground mine in Northern Minnesota.
  • Established the Dorsey DEEP program for diligence reviews to help clients audit and evaluate environmental, health and safety risks in their business transactions and operations.
  • Developed and has help clients implement programs for corporate social responsibility.
  • Defends clients on permit compliance, notices of violations and agency enforcement actions.
  • Advised clients on workplace and mine safety, workplace accidents and fatalities for clients nationwide.
  • Represents manufacturers in product safety recall matters and agency investigations.
  • Represents manufacturers in third-party claims and insurance coverage disputes.
  • Has advised foreign government agencies and foreign companies on U.S. environmental, health and safety laws and liabilities.
  • Advises clients on California Proposition 65 claims.
  • Advises clients on green chemistry initiatives.
  • Regularly counsels an international standard setting organization in their legal risk analysis.
  • Advises companies responding to enterprise risk management issues and risk management strategies.

News & Resources

Articles

The Hammer Revealed: Mandatory Recall Authority Under The Food Safety Modernization Act
WARNING: The Prop 65 Transition Period is Over!
Prop 65 Developments Relevant to the Food & Beverage Industry: Changes On Three Important Fronts
FDA Issues Three New Rules Under the Food Safety Modernization Act
OSHA Reporting and Recordkeeping Rule-Practical Law Journal
OSHA Updates Reporting and Recordkeeping Rules
Enterprise Risk Management: Ways to Prepare for and What to Do During a Recall
Do Your Paper Products Comply With The Lacey Act?
Consumer Product Safety: A New Wave of Regulation May Lead to Increased Product Liability
Playback: Navigating the Consumer Product Safety Improvement Act (CPSIA)
Consumer Product Safety Improvement Act of 2008

News & Press Mentions

200 Dorsey Lawyers Selected for Inclusion in 2024 Best Lawyers in America, Lawyers of the Year, and Ones to Watch
Dorsey Partner Mark Kaster Discusses OSHA Electronic Record Keeping Rules
51 Dorsey Lawyers in Minneapolis Selected for Inclusion in The Best Lawyers in America 2018 and 2018 Lawyers of the Year
48 Dorsey Lawyers in Minneapolis and Fargo Selected for Inclusion in The Best Lawyers in America 2017 and 2017 Lawyers of the Year
Dorsey Partner Mark Kaster quoted in Financial Times on safety compliance and how corporate boards should respond
45 Dorsey Lawyers in Minneapolis and Fargo Selected for Inclusion in "The Best Lawyers in America®" 2016 and "Best Lawyers of the Year"
Dorsey’s Minneapolis Office Named - Complex Civil Litigation Law Firm of the Year in Minnesota
Dorsey Parter Mark Kaster Discusses Prop 65 in Baby Food Case
Dorsey & Whitney Represents Tri-State in $1.59 billion Debt Refinancing

Events & Speaking Engagements

Webinar Playback: 5th Annual Food Summit
Webinar Playback: 3rd Annual Food Summit
Agricultural Utilization Research Institute (AURI) Conference Speaker
Food Risk Summit
Seminar Playback: Food Risk Summit
Growing Construction & Engineering Companies Through Merger, Acquisition or Combination
Seminar Playback: Growing Construction & Engineering Companies Through Merger, Acquisition or Combination
Invited speaker for presentation on Corporate Social Responsibility for the China National Mining program in Beijing, China
Webinar: Navigating the CPSIA: What All Participants in the Consumer Products Industry Need to Know

Legal Writings

  • Dorsey & Whitney LLP ConsumerProductsLaw Blog
  • Midwest Center for Occupational Health Symposium
  • EDR Due Diligence at Dawn
  • NBI OSHA Compliance Update
  • Minnesota Air Quality Handbook
  • Government Institute's Environmental Law Handbook

Select Presentations

  • Government Institute's Symposium 
  • EDR Due Diligence at Dawn Seminars
  • OSHA Symposium, National Business Law Institute 
  • National Auditing Roundtable Conference
  • Minnesota State Bar Association Real Estate Conference 
  • Minnesota State Bar Association Symposium
  • Webinar on CPSIA Consumer Product Safety Law 
  • Strafford Consumer Product Safety Teleconference

Industries & Practices

Government Solutions & Investigations
Environmental, Social, Governance (ESG)
  • Development & Infrastructure
  • Energy & Natural Resources
  • Environmental
  • Environmental, Social, Governance (ESG)
  • Food, Beverage & Agribusiness
  • Government Solutions & Investigations
  • Hospitality
  • Insurance Law
  • Israel
  • Labor & Employment
  • Mergers & Acquisitions
  • Mining
  • Products Liability
  • Real Estate & Land Use
  • Sustainability

Professional & Civic

Professional Achievements

  • Government Institute's Symposium 
  • EDR Due Diligence at Dawn Seminars
  • OSHA Symposium, National Business Law Institute 
  • National Auditing Roundtable Conference
  • Minnesota State Bar Association Real Estate Conference 
  • Minnesota State Bar Association Symposium

Community Involvement

  • Participates in Dorsey’s pro bono challenge and has dedicated time and resources to pro bono activities, including work on expungement matters and immigration matters.

Accolades

  • Listed in Best Lawyers in America© for Administrative/Regulatory Law, 2010-2024

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Mark R. Kaster