Mark’s recent construction-related representations include:

• Defending the City of New York against claims exceeding $1 billion arising from the collapse of 7 World Trade Center on September 11, 2001;
• Counseling a Major League Baseball team in connection with the design and construction of a new stadium, including various construction agreements;
• Representing a major contractor in connection with claims arising out substantial upgrades to subway lines in the City of New York;
• Advising a hospital system in connection with the design and construction agreements for the expansion and modernization of its health care facilities;
• Representing the owner and operator of a new ethanol plant in its dispute with the design-build contractor over design defects, defective workmanship, and cost overruns;
• Advising a food manufacturer in connection with the design and construction agreements for a new manufacturing plant in the Midwest, and expansion of an office and warehouse facility in the Northeast;
• Representing a major owner/developer, who was building a $60 million multi-tenant mall in the New York metropolitan area, against the general contractor and its surety;
• Representing the developers in connection with the design and construction agreements for the modernization and expansion of a major transportation hub in the New York Metropolitan area;
• Advising one of the largest mall developers in the Northeast in construction and design defects litigation against the design-build contractor and its surety; and
• Representing one of the 30 largest architectural and engineering firms in the country in numerous arbitrations and mediations.

In his franchise and distribution practice, Mark regularly advices clients on franchising issues, including:

• The franchisor of corporate training programs throughout the United States and internationally in various transactional and litigations matters involving termination issues, unfair competition, breaches of contract, and intellectual property;
• The franchisee of an automotive product in New York, California, and Nevada in connection in its negotiations and litigation with the franchisor;
• The franchisee of educational services programs;
• Beverage distributors in New York with respect to their franchise and distribution rights under New York Alcoholic Beverage Control Law.

Additionally, prior to joining Arent Fox, Mark was a partner in the construction practice group, as well as the franchise and distribution practice group, in the New York office of a leading regional law firm.