Mark R. Kaster

Mark R. Kaster




Mark’s practice emphasizes complex matters involving federal, state and local regulatory agencies.  The increasing body of rules and regulations present enterprise risk management concerns to business.  Mark works with clients and regulatory agencies to find solutions to critical regulatory business challenges.  Mark approaches these complex relationships to find creative solutions that help clients meet their business objectives and regulatory obligations.

Mark has national expertise in handling enterprise risk management, including, FDA food safety and FSMA matters, food product recalls, federal and state product safety, toxic tort laws, chemical regulations, product stewardship and sustainability, product labeling claims and marketing. 

Mark is a partner in Dorsey’s Regulatory Affairs Group and Dorsey’s Food and Beverage Industries Group.  He obtained a Master’s Degree from the University of Minnesota School of Public Health while also attending law school.  He understands the science and the law in helping clients respond to food product safety concerns and regulatory compliance. 

Education & Admissions

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

University of Exeter (U.K.) (Law Program, 1982)

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

University of Minnesota (B.S., 1979), College of Biological Sciences; Student Service and Leadership Award


  • Minnesota
  • US Federal Courts, District of MN
  • Eighth Circuit US Court of Appeals


Representative Experience

  • Has represented food manufacturers, including in the dairy and cheese industry, in product recall matters, FDA investigations and Class I recalls involving microbial pathogens
  • Has represented food manufacturing companies in Class I recalls involving the alleged introduction of foreign materials in food products
  • Has represented food packaging manufacturers in product recall claims
  • Has represented food manufacturers in third-party claims and insurance coverage matters
  • Has represented raw agricultural product companies in food product recalls and advised on FDA and FSMA compliance
  • Has represented food companies on animal feed and pet food recall matters
  • Has advised companies on food product nutritional statements and allergen recall matters
  • Has advised a national airline on food safety in flight operations
  • Has helped advise foreign government agencies in Asia on U.S. environmental, health and safety risks and liabilities
  • Has worked with large Ag co-ops in response to product contamination matters, and has advised companies on numerous product recalls and related claims
  • Has advised a large Ag co-op on Federal Seed Law
  • Has advised clients on California Proposition 65 claims as well as green chemistry initiatives and product contamination claims
  • Established the DEEP program to help clients evaluate environmental, health and safety risks in their business transactions and operations
  • On the defense team in one of the first national Superfund cases (U.S. v. Reilly Tar and Chemical Co.) that helped define the boundaries of Superfund liability and toxic tort liability
  • Has worked on challenges to product organic certifications
  • Has handled product packaging litigation involving specialty baby food products
  • Has handled matters involving cGMPs, product testing, and whole genome sequencing
  • Has advised companies on workplace safety and response to governmental enforcement actions
  • Has helped companies respond to enterprise risk management issues and developed risk management strategies
  • Has help companies establish mock recall programs and auditing of corporate policies and procedures
  • Has developed audit and gap analysis plans for company food safety programs
  • Defended numerous companies in administrative matters before federal and state safety agencies
  • Has been a principal adviser to Fortune 500 companies nationwide
  • Has counseled clients in food color additive and GRAS petitions
  • Has counseled clients on food labeling and FDA Part 21 regulations
  • Regularly counsels an international standard setting organization in their legal risk analysis


News & Resources


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

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

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 Enforcement & Corporate Investigations
  • Development & Infrastructure
  • Energy & Natural Resources
  • Environmental
  • Food, Beverage & Agribusiness
  • Government Enforcement & Corporate Investigations
  • Hospitality
  • Insurance Law
  • Israel
  • Labor & Employment
  • Mergers & Acquisitions
  • Mining
  • Products Liability
  • Project Development & Finance
  • Real Estate & Land Use
  • Sustainability

Professional & Civic

Professional Achievements

  • Minnesota State Bar Association and Hennepin County Bar Associations
  • Rocky Mountain Mineral Law Foundation Member
  • Certified Civil Arbitration Training and Registered Third Party Neutral
  • American Bar Association Member
  • National Auditing Roundtable
  • Faculty, Minnesota Institute of Legal Education and the Midwest Center for Occupational Health and Safety
  • Adjunct Professor, Hamline University

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.


  • Listed in Best Lawyers in America© for Administrative Law, 2010-2019

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Mark R. Kaster