Mark is a partner and heads up the Real Estate and Land Use Group. He practices in all aspects of real property law, principally on transactions involving the acquisition, development, construction, financing, sale or leasing of commercial real estate, including office, mixed-use, retail, hotel and hospitality, industrial, health care, assisted living and multi-family (including common interest communities).
Mark also supports other groups with matters affecting real estate, including mergers and acquisitions, infrastructure and project development.
Mark is a Real Property Specialist, certified by the Real Property Section of the Minnesota State Bar Association.
- Assisted a client in the negotiation of an air rights lease and the development of a luxury hotel integrated into an expansion of the Mall of America.
- Assisted a publicly-traded REIT in the sale of a downtown Minneapolis office and retail complex.
- Assisted a Fortune 500 company in a build-to-suit lease transaction for a high tech facility in Puerto Rico.
- Assisted a public utility corporation in the acquisition of water and gas assets in California.
- Assisted an energy company in the development of power plants in Arizona and Kansas.
- Led a team assisting a Fortune 500 company in acquiring more than 1,400 grocery-related properties located throughout much of the United States.
- Assisted a developer in the acquisition, redevelopment and sale of an upscale downtown Minneapolis hotel.
- Assisted a health care organization in the development of a 200-acre health care and technology campus, including an integrated hospital and clinic.
- Assisted a developer in the acquisition, redevelopment and sale of a 200+ room, downtown hotel.
Real Estate Securities
- Assisted a multi-national corporation with a $100,000,000 purchase of mortgaged-backed securities involving 21 shopping centers owned by a REIT.
- Assisted a Wall Street underwriter with a $500,000,000 private placement of mortgage-backed securities involving the department stores of a major national retailer.
- Assisted an energy cooperative in the acquisition of ground lease and easement parcels and the development of a $750,000,000 power plant.
- Assisted a major airline in the $270,000,000 public offering of bonds secured by real property and other assets.
- Assisted a health care organization in the acquisition of the health care assets of a major university.
- Assisted a United States subsidiary of a foreign-based automobile manufacturer in the acquisition of a long-term ground lease and fee parcel for the construction of import facilities and the establishment of Foreign Trade Zones adjacent to two United States airports.
- Assisted a new business venture in the acquisition, financing, construction and equipping of an ethanol manufacturing plant, including an FmHA loan guaranty and a Community Development Block Grant.
News & Resources
- Co-Author and Co-Editor, "Minnesota Real Estate Purchase and Sale Deskbook," Second Edition, Minnesota CLE, 2015
Select Client Presentations
- “Purchase Agreements and Contingencies,” The Minnesota Real Estate Purchase and Sale Deskbook, Minnesota CLE, April 2015.
- “Case Study: Development of JW Marriott Mixed-Use Expansion at Mall of America,” Minnesota CLE Real Estate Institute, November 2014
- “Drafting Remedy Provisions for Commercial Landlords and Sellers,” Minnesota CLE Real Estate Institute, November 2013.
- “Navigating the Wetlands Quagmire: Swamps, Bogs, Fens, Marshes, and Other Sticky Situations,” Minnesota CLE Real Estate Institute, November 2012.
- “Landlord’s Remedies Upon Tenant’s Default,” Minnesota CLE Real Estate Institute, November 2011.
- “6 Important Commercial Lease Provisions – Understanding Them and Drafting Them Right,” Minnesota CLE Real Estate Institute, (November 2010) (March 2011).
- “Purchase Agreement and Contingencies,” Minnesota CLE, April 2010.
- “Tenant’s Remedies,” Minnesota CLE Real Estate Institute, November 2009.
- "Sources of Real Estate Funding - Creative Approaches in Difficult Times," Minnesota CLE Webcast Seminars, April 2009.
- "Negotiating Commercial Leases," Sterling Education Services, Inc., December 2008.
- "Ground Leases," a part of the Minnesota CLE Real Estate Institute, November 2007.
- "Boundary Disputes in Minnesota," a part of the Minnesota CLE Real Estate Institute, November 2006.
- "Productivity, Profitability and Paralegals in Your Real Estate Practice," a part of the Minnesota CLE Real Estate Institute, November 2005.
- Mixed Up About Mixed Use? Understanding Land Use and Other Concepts in Mixed Use Developments,” a part of the Minnesota CLE Real Estate Institute, November 2004.
- "Developing Old McDonald's Farm - 23 Pitfalls to Remember," a part of the Minnesota CLE Real Estate Institute, November, 2003.
- "Minimizing Tenants' and Buyers' Risks in Commercial Real Estate Transactions," presentation to Minnesota Commercial Association of Realtors and Society of Industrial and Office Realtors, September 2003.
- "Creating Maximum Lease Flexibility," joint presentation with United Properties and Ellerbe Becket, November 2002.
- Open Forum on Commercial Leasing, Minnesota CLE Real Estate Institute, November 2001.
- Open Forum on Attorney Opinion Letters, Minnesota CLE Real Estate Institute, November 2000.
- "Commercial Landlord/Tenant Law," a part of Real Estate Law in Minnesota (preparation course for the Real Estate Property Certification Examination), Minnesota CLE, (February 2000) (February 2002) (January 2004) (January 2006) (January 2008) (January 2010) (January 2012).
- Open Forum on Commercial Purchase, Sale and Development, Minnesota CLE Real Estate Institute, November 1999.
- Open Forum on Commercial Leasing, Minnesota CLE Real Estate Institute, November 1999.
- "The Anatomy of a Real Estate Development," Law & Politics, April 1996 (Also course chair).
- "From Purchase Agreement to Closing: Negotiating and Resolving Title Issues," NACORE International Association of Corporate Real Estate Executives, March 1995.
- "The Critical Issues: Economics of the Lease" and "Leasing from A Lender's Perspective," National Business Institute, Inc., December 1992.
- "Getting the Most Out of Your Real Estate," Dorsey & Whitney General Counsel Symposium, October 1990.
- "Commercial Lease Update," Minnesota Institute of Legal Education, October 1989.
- "Using Title Insurance in New Construction," Minnesota CLE, January 1988.
- "Establishing a Commercial Condominium," Advanced Legal Education, Hamline School of Law, April 1985.
- "Business Condominiums," Hennepin County Bar Association, April 1984.
Industries & Practices
- Health Care
- Mergers & Acquisitions
- Mining & Natural Resources
- Public-Private Project Development
- Real Estate & Land Use
Professional & Civic
- Chair of the Board, Accessible Space Inc., 1991-present (a non-profit corporation which provides accessible, affordable, independent and supportive living opportunities for persons with physical disabilities and brain injuries, as well as seniors, serving 2,985 people in 22 states (as of April, 2014)).
- Fellow, American College of Real Estate Lawyers
- Co-Chair, Homelessness Implementation Committee under the Minneapolis Downtown Council’s 2025 Plan
- Member, Lambda Alpha International (international land economics fraternity)
- Member, NAIOP
- Member, Minnesota State Bar Association
- Member, Hennepin County Bar Association, Real Property Section
- Former Member, Executive Committee of the Minneapolis Downtown Council
- Former Member, Board of Directors of the Minneapolis Downtown Improvement District (governance and finance committees)
- Fellow, American College of Real Estate Lawyers
- Named one of “America’s Leading Business Lawyers” (Star Individual) by Chambers USA (Real Estate), 2007-2015
- Listed as a Minnesota Super Lawyer, 2003-2015
- Named Best Lawyers Minneapolis Real Estate Lawyer of the Year, 2015
- Listed in Best Lawyers in America©, 1995-2016
- MSBA North Star Lawyer, 2014
- Who's Who in American Law
- Guide to Leading American Attorneys