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| | Mark’s practice focuses on financial and commercial law matters, with special emphasis on issues involving payment systems, secured lending and regulatory compliance. He frequently speaks on these topics at regional and national programs, and he has authored several topic-related books. |
Practice Emphasis | Banking and Financial Services
Commercial Lending
Financial Institutions Regulation & Compliance
Financial Institutions M&A
Financing & Securities Law Compliance
General Business |
Education | Drake University, J.D., 1987
Drake University, B.S., 1984 |
Relevant Experience |
- Payment Systems: Advises financial institutions on all aspects of bank deposits, collections and other paper-based payment systems, as well as wire transfers, ACH, stored value and other electronic payment systems, domestic and global. Experience includes product design and development, strategic aspects of documentation, transaction structures and other “front-end” efforts, as well as loss-shifting techniques and other “back-end” tactics.
- Lending/Financing Transactions: Advises both lenders and borrowers with respect to a wide range of financing techniques, including asset-based loans, syndicated loans and securitization transactions. Experience includes structuring and documenting credit agreements, guaranties, intercreditor agreements and ancillary loan documents as well as obtaining and perfecting security interests in a wide range of collateral. Also experienced in documenting accounts receivable and other securitizations as well as various swaps and other financial derivatives.
- Regulatory/Compliance: Advises financial institutions on corporate governance issues, mergers and acquisitions and regulatory compliance matters. Experience includes routine counseling on common issues of corporate law, assisting officers and directors in understanding their rights and duties as corporate fiduciaries, and structuring and obtaining regulatory approvals in connection with change of control transactions, bank mergers and bank holding company formations. Also experienced in counseling financial institutions and other consumer lenders in successfully navigating the byzantine maze of organizational, structural and substantive regulations they face on a daily basis, including preventative planning as well as resolving disputes with regulators and private litigants.
- Commercial/UCC Matters: Provides guidance to a wide range of clients on various commercial law and UCC matters. Experience includes drafting and reviewing sales contracts, product warranties, equipment leases, deposit agreements, letters of credit and a variety of documents relating to secured transactions. Also experienced in advising clients on their rights and obligations in connection with various commercial law disputes as well as ways of efficiently resolving those disputes.
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Community Involvement |
- Kansas City Tomorrow and Kansas City Tomorrow Alumni Association
- Drake University Law School Board of Counselors
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Bar Admissions | |
Speeches | "Fraudulent Cashier's Checks," Midwest Independent Bank Operations Conference, May 8, 2009.
“The Impact of Image Exchange, Check 21 and Remote Deposit Capture on Check Law,” Electronic Payments Law Summit, September 4, 2008. |
Articles |
- “UCC Article 4–Bank Deposits and Collections,” Chapter 3, Missouri Commercial Law, 2007
- “Compliance Guide to Payment Systems,” Law and Regulation; 2001
- Co-authored, “A Practitioner’s Guide to Secured Lending Under Revised Article 8: Everything Is Under Control,” Annual Review of Banking Law, Boston University School of Law, Vol. 16, Page 397; 1997
- “Liability of a Depository Bank for Negligence in Opening a Deposit Account,” Commercial Law Annual; 1995
- “Truth in Savings: Legal Analysis and Compliance Strategies,” Warren, Gorham & Lamont, Inc.; 1992
- “National Banks: Branching Where No Bank Has Branched Before,” 39 Drake Law Review 383; 1990
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