Mark specializes in providing labor and employment advice, counseling and litigation services to local governments and other employers, including day-to-day advice on employment-related matters, labor contract negotiations and other union issues, employee discipline, discharge and grievances, employment investigations and representation of employers in state and federal court and before administrative agencies. His practice also emphasizes general municipal and public entity law and civil rights, tort defense and general litigation. Mark has practiced law for more than 20 years in Oregon and California, providing advice to clients regarding and litigating a variety of employment, business, contract, tort and complex litigation matters.

Memberships/Affiliations

Mark is an active member of the Oregon and California state bars. He is admitted to practice in the United States District Courts for Oregon, the Northern, Eastern and Central Districts of California, the Ninth Circuit Court of Appeals and the Tribal Court of the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians of Oregon. Mark is a member of the Oregon Association of Defense Counsel and the Oregon City Attorneys Association.

Mark is a member of the Mt. Bachelor National Ski Patrol. He formerly served on the Board of Directors for Ronald McDonald House Charities of Central Oregon, the Board of Directors for the Deschutes County Chapter of the American Red Cross, the R.E. Jewell Elementary School Site Council, and coached the Bend Surge, a premier level girls' soccer team.

Education

Received JD, with honors, from the University of the Pacific, McGeorge School of Law, in 1986. Received a BS in Political Economy of Natural Resources from the University of California at Berkeley.

Presentations

"Injuries, Illnesses and Disabilities: An Overview of the ADA, Leave Laws and Workers' Compensation and How They Interact," CUPA-HR Annual Meeting, Oregon Chapter, October 23, 2008

"Employment Law Issues," Oregon Academy of Audiology Annual Meeting, September 27, 2008

SAIF 2008 Workers’ Compensation Seminar; "Managing Work-Related Injuries, Illnesses, and Disabilities: Interplay Between Workers’ Compensation, ADA, and Leave Laws ," April 16, 2008

"Employment Law A-Z Seminar," Lorman Seminars (Conducting Workplace Investigations; A Primer on Avoiding Defamation Claims), March 18, 2008

"Family and Medical Leave Laws," Lane County Bar Association, Parent Section, December 18, 2007

"BOLI Basics and Update on 2007 Labor and Employment Legisltation," Oregon Association of County Counsels Annual Conference, November 18, 2007

“Agency and the Public Sector,” Oregon State Bar Government Law Section Annual Conference, February 25, 2005

“Defense and Indemnity Obligations of Public Entities,” Oregon Association of County Counsels Annual Conference, November 19, 2004

“Defamation – An Insidious Tort,” Oregon Association of County Counsels Annual Conference, November 21, 2002

“Civil Rights and Civil Liability,” Central Oregon Reserve Law Enforcement Academy, 1999 – 2006

Various in-house trainings for supervisors, managers and employees.

Appellate Court Decisions

Western Continental Operating Co. v. Natural Gas Corp., (1999) 212 Cal.App.3d 752, 261 Cal. Rptr. 100
Defined rules in California related to conflicts of interest for attorneys when representing interests adverse to former client in matters substantially related to prior representation.

Johnson v. Brown, 193 Or. App. 375, 91 P. 3d 741 (2004), adhered to on reconsideration, 194 OR. App. 486, 95 P. 3d 235 (2004); Johnson v. Morgan, 193 Or. App. 483, 89 P. 3d 1286 (2004), adhered to on reconsideration, 194 Or. App. 495, 95 P. 3d 731 (2004)
Clarified application of executive privilege to statements made by public entity employees during the course and scope of their public duties

Johnson v. Employment Dept., 177 Or. App. 464, 34 P. 3d 716 (2001); 189 Or. App. 243, 74 P.3d 1159, adhered to as modified on reconsideration, 191 Or. App. 222, 81 P.3d 730 (2003)
Clarified what constitutes “isolated instance of misconduct” for purposes of determining qualification for unemployment benefits

Genesis Indem. Ins. Co. v. Deschutes County, 194 Or. App. 446, 95 P.3d 748 (2004)
Clarified obligations of public entities to defend and indemnify their officers, employees and agents, particularly when third party insurance coverage is available

Olsen v. Deschutes County, 204 Or. App. 7, 127 P. 3d 655 (2006), rev. den., 341 Or. 80, 136 P. 3d 1123 (2006)
Clarified issues related to workers’compensation exclusive remedy, tort liability for assault by third party and public employee whistleblower claims

Bowman v. Dozier, 73 Fed. Appx. 219 C.A.9 (Or.) (2003)
Upheld summary dismissal of claims against law enforcement officer on the basis of qualified immunity (unpublished decision)