As leader of Lindquist & Vennum’s international practice and a senior member of the firm’s mergers and acquisitions practice group, Mark advises businesses in the fields of international transactions (including licenses, sales, leases, purchases, franchises, and relevant government regulations) and structures (including branch offices, subsidiaries, joint ventures, agency relationships, and distributorships). He also works with clients from abroad who wish to establish business in or with any part of the United States.
Prior to joining Lindquist & Vennum, mark spent seven years on the legal staff of Medtronic, Inc., and 10 years at Cray Research, Inc., where he worked in legal aspects of international licensing, distribution, sales, leasing, and planning and revising corporate structures. He has negotiated contracts with parties in Japan, Korea, China, Western Europe, Russia, Brazil, Mexico, and the Pacific Rim and has assisted clients with transactions in numerous other countries. He speaks and reads German and French, has negotiated in Japanese, and has a working knowledge of Spanish and Italian, and he is active in international business groups.
Representative Experience
- Represented Minnesota companies in forming manufacturing and sales joint ventures in China
- Represented a Wisconsin company in establishing an international distribution network and protecting its trademark outside the United States
- Assisted a Chinese company in restructuring its presence in the U.S. through acquisition and reorganization
- Assisted a Minnesota corporation in creating companies for manufacture in Singapore and China
- Assisted an Italian company in its acquisitions of two U.S. companies
- Advised and assisted a U.S. company in recovering over $1,000,000 of improperly charged duties in the Netherlands
- Assisted U.S. companies in acquiring and divesting themselves of companies in China, Canada, Latin America and elsewhere, and assisted companies outside the U.S. with acquisitions, incorporation, or investment inside and outside the U.S.
- Assisted a company in creating a licensing plan for its software outside the United States
- Represented a Minnesota manufacturer in actions with U.S. Customs and the Office of Foreign Assets Control (OFAC) to remove improperly applied U.S. import duties and reverse a seizure by Customs
- Represented a Minnesota-based national producer of consumer goods establish manufacturing arrangements and domestic and foreign sales, while protecting its designs and trademarks.
- Represented a Minnesota company in its entry into the Canadian and European markets
- Assisted a Minnesota company in creating a Joint Venture in Japan
- Assisted a commercial products company in entering the South American market
- Assisted a high-tech manufacturer in establishing an import/export compliance program
- Advised numerous companies on establishment of compliance programs for the Foreign Corrupt Practices Act and U.S. antiboycott laws
- Represented a manufacturer of scientific laboratory equipment in developing a manufacturing and sales joint venture with a Chinese producer and distributor
- Represented a U.S. company in establishing and implementing letter of credit requirements for payments from potentially unreliable buyers
- Represented a Midwest engineering company in providing services for establishment of a processing plant in Ukraine
- Represented a U.S. company in the sale of high-tech products and backup services to Russia, China, Poland, Germany, Japan, Taiwan, and other countries, including planning and compliance issues and contractual matters for local subsidiaries and trading partners
Publications and Presentations
- A Guide to Biotechnology Finance - 2009 Supplement, Lindquist & Vennum, 2009
- A Guide to Biotechnology Finance, Lindquist & Vennum, 2005
- “Foreign Corrupt Practices Act,” moderator, International Business Law Institute
- “Felonious but Unexpected Violations: ‘Domestic Exports’ of Technology Related to and Separate from the I-129 Certifications,” Continuing Legal Education Seminars
- “The Intersection of Export Laws and Immigration Laws,” American Immigration Lawyers Association
- “Doing Business with Japan,” World Trader
- “European Union Imposes High Duties on Biodiesel,” Biodiesel Magazine, May 2009
- “Problems of Minnesota Companies In International Business,” Minnesota World Trade Association
- “Legal Aspects of Finding and Motivating a Foreign Partner,” with Minnesota Trade Office, St. Cloud and Minneapolis
- “Legal Issues for International Distribution – Intellectual Property,” with Minnesota Trade Office, Minneapolis
- “Five Steps in Forming a Business Entity in China,” Seminar, Beijing
- Matthew Bender Guide to Doing Business in Japan, Kitagawa, ed.; first editorial assistant
Professional and Civic Activities
- Ramsey County Court Pro Bono Project
- Immigrant Law Center of Minnesota Pro Bono Program
- Minnesota World Trade Association (now Midwest Global Trade Association), past president and current pro bono advisor
- German American Chamber of Commerce, director and immediate past president
- French-American Chamber of Commerce, past director and current member
- Norwegian-American Chamber of Commerce
- Swedish-American Chamber of Commerce
- Japan-America Society of Minnesota
- Assisted in formation of Italian American Chamber of Commerce
- Minnesota International Center
- International Bar Association
- American Intellectual Property Association
- Computer Law Association
- International Business Law Section of Minnesota State Bar Association, current council member and past chair
- Annual International Business Law Institute, organizing board member, 20+ years of service
- International Law, instructor (multiple courses):
William Mitchell College of Law
University of St. Thomas (graduate school)
St. Mary’s University (graduate school classes)