Overview

Mark represents financial institutions in virtually every aspect of structuring and restructuring secured credit facilities and structured finance transactions. Working with large national banks, insurance companies, Iowa-based community banks, and other equity and credit providers, his work has involved the entire lending process, including loan evaluation, documentation, workouts, collection actions in state and federal courts and in bankruptcy proceedings involving complex commercial reorganizations, agricultural insolvencies, and small business cases.

Mark also provides legal advice on transactions and corporate matters to middle market companies and closely held businesses in a wide range of industries—from diversified construction companies, technology, real estate, and health care companies, among other areas. His extensive experience includes business formations, shareholder/owner agreements, mergers and acquisitions, sales and purchase of equity interests, asset purchase and sale transactions, share exchanges, and financing of all types.

One factor that separates Mark from others is his hands-on approach to matters. Recognized by Chambers USA for his legal excellence, Mark was named 2017 Lawyer of the Year in Des Moines by Best Lawyers in America in the area of Business Organizations (including LLCs and Partnerships). He is AV Preeminent Peer Review Rating by Martindale Hubbell. He also worked with the deal team for the seller that subsequently received the 2011 10th Annual M&A Advisor Lower Middle-Market Deal of the Year Award.

A member of the firm's Business and Bank Practice group, Mark has served on the Business Law Section and the Commercial and Bankruptcy Law Section of the Iowa State Bar Association as well as the Federal Bar Association. He was also a longtime member and chair of the firm's Executive Committee.

Mark has been involved in the Des Moines community for years in a wide variety of activities including the Board of Education for St. Augustin school and a board member for the Red Cross of Central Iowa among others.

Experience

Experience

Notable Work

Creditors’ Rights, Restructuring, and Bankruptcy

  • Represented lenders in commercial and agricultural distressed credit restructures, receiverships, and foreclosure actions.
  • Assisted the primary lender in the liquidation of  Iowa based mortgage company.
  • Represented lender in multi-state fraudulent transfer scheme by borrower.
  • Represented lenders  in  Chapter 11  cash collateral objections, Section 363 sales, and plan confirmation disputes.
  • Represented creditor in a lien priority dispute concerning Iowa’s agricultural supply dealer’s lien.

Financial Institutions- Transactional Representation

  • Represented the lender in connection with an $8.7 million credit facility for the acquisition of an equipment supplier.
  • Represented the lender in connection with a $7 million floor plan financing for a regional trailer dealership.
  • Represented the lender in a $10 million dollar bond funding transaction for a rural hospital in Iowa.
  • Represented the lender in a $6.9 million term facility for construction of a hotel property.
  • Represented a national real estate investment company in connection with a negotiation and acquisition of a commercial office property in Des Moines in lieu of foreclosure.

Business Organizations

  • Represented  the shareholders of a consulting firm in the sale of their company and subsequent employment agreements with the acquirer.
  • Represented regional aggregate products company in a $43 million sale of quarry properties and subsequent $25 million acquisition of quarry operations.
  • Ongoing representation of a regional healthcare holding company with acquisitions of pharmacies and related business ventures in the upper Midwest.
  • Represented regional owners in a $19 million sale of stock in a regional entertainment facility.

Speaking Engagements

  • Presenter, "Protecting the Attorney-Client Privilege," Iowa State Bar Association Corporate Counsel Institute, November 2017
  • Presenter, "Protecting the Attorney-Client Privilege: Strategies for Corporate Counsel to Maximize Privilege Protections While Maintaining Ethical Standards," Association of Corporate Counsel Iowa Chapter Seminar, June 2017
  • Presenter with Matthew D. Jacobson, "Negotiating Tactics: Opportunities and Challenges," Association of Corporate Counsel Iowa Chapter Seminar, June 2016

Seminars Recently Attended

  • Real Estate Transactions CLE, Des Moines, IA, March 2018
  • All-Iowa Bankruptcy Conference, Iowa Chapter of the Federal Bar Association, November 2017
  • ALFA International Annual Business Meeting, October 2017
  • American Bar Association 10th Annual Arbitration Training Institute, June 2017
  • American Bar Association 2017 Business Law Spring Meeting, April 2017
  • 29th Annual Winter Leadership Conference, American Bankruptcy Institute, December 2016
  • Iowa State Bar Association Commercial and Bankruptcy Law Seminar, April 22, 2016
  • 27th Annual Winter Leadership Conference, American Bankruptcy Institute, December 2015
  • 45th Annual Iowa Bankruptcy Seminar July 2015, Dubuque, Iowa
  • American Bar Association 2015 Business Law Spring Meeting, San Francisco, California, April 2015

Published Cases

  • In re Civic Partners Sioux City, LLC, 2011 WL 60013847; 2012 WL 761361; 2013 WL 5534743; 2013 WL 55640; 2015 WL 4127160 ; 553 B.R. 355, (BAP 8th Cir 2016); and 2017 WL 1155686
  • In re Highside Pork L.L.C.; Wells Fargo Bank, N.A. v. Innovative Ag Service Company et. al. 450 B.R. 173 (Bkrtcy N.D.Iowa 2011)
  • In re Shulista; Wells Fargo Bank, N.A. v. Tama Benton Cooperative et al. 451 B.R. 867 (Bkrtcy N.D.Iowa 2011)
  • Wells Fargo Bank Minnesota, N.A. v. Robex, Inc., 711 N.W.2d 732 (Iowa App. 2006)
  • Agriliance L.L.C. v. Runnells Grain Elevator Inc., 272 F. Supp. 800 (S.D. Iowa 2003)
  • Agriliance L.L.C. v. Farmpro Services, 52 UCC Rep., Serv. 2d 36 (S.D. Iowa 2003)
  • Fox v. Polk County Board of Supervisors, 569 N.W.2d 563 (Iowa 1997)
  • In the Matter of the Receivership of the First National Bank in Humboldt, Iowa and FDIC as Receiver, FDIC v. Iowa Growthland Financial Corp and Joe Dodgen, 523 NW2d 591, (Iowa 1994)
  • FDIC v. Prusia, 18 F.3d 637 (8th Cir. 1994)
  • In Re Grimm, 145 BR 994 (Bkrtcy S.D. 1992)
  • FDIC v. Krause, 904 F.2d 463 (8th Cir. 1990)
  • FDIC v. Hartwig, 463 N.W.2d 2 (Iowa 1990)
  • Matter of Estate of Thies, 463 N.W.2d 40 (Iowa 1990)
  • In Re Colsden, 105 BR 500 (N.D. Iowa 1988)
  • Matter of Halls, 79 BR 417 (Bkrtcy S.D. Iowa 1987)
  • In Re Waldo, 70 BR 16 (Bkrtcy N.D. Iowa 1986)
  • Federal Land Bank v. Wolff, 393 N.W.2d 329 (Iowa 1986)

News & Events

Affiliations

Affiliations

  • American Bankruptcy Institute
  • Iowa State Bar Association (Sections: Business Law; Commercial & Bankruptcy Law; Real Estate & Title Law; past member, Insurance Plans Committee; past contributor: Commercial & Bankruptcy Law Section Newsletter; past member, Annual Meeting Committee; past chair: Real Estate & Title Section; past member and chair: Business Law Section Legislative Subcommittee)
  • American Bar Association (Sections: Business Law and Real Property)
  • Federal Bar Association
  • Polk County Bar Association (Past member; CLE Committee; Real Estate Title Committee)
  • Phi Alpha Delta International Law Fraternity
  • Nebraska Bar Association
  • Inns of Mediation, Board Member

Honors & Recognitions

Honors & Recognitions

  • AV rated by Martindale-Hubbell
  • Chambers USA
  • Best Lawyers in America
  • Great Plains Super Lawyers

Education

Creighton University School of Law, J.D., 1982

  • Moot Court Board, 1980—1982

University of South Dakota, B.A., 1978

Admissions

  • Iowa
  • Nebraska
  • U.S. District Court – Southern District of Iowa
  • U.S. District Court – Northern District of Iowa
  • U.S. District Court – Central District of Illinois
  • U.S. Court of Appeals – Eighth Circuit
  • U.S. District Court – District of Nebraska
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