MJohnson@GreeneEspel.comDownload vCard
Education
- J.D., University of Chicago Law School, with honors (2003); Articles Editor, University of Chicago Legal Forum
- M.A., Purdue University, Philosophy (2000)
- B.A., Purdue University, with distinction, Philosophy (1998)
- Visiting Student, Oxford University, Mansfield College (1996-1997)
Experience
- Kirkland & Ellis LLP, Associate (2004-2005)
- United States Court of Appeals for the Eighth Circuit, The Honorable Diana E. Murphy, Law Clerk (2003-2004)
Mark Johnson is lead counsel in complex commercial litigation and arbitration matters for several Fortune 1000 corporations and sophisticated individuals. Mark regularly brings and defends lawsuits involving trade secrets and other intellectual property, professional liability, the enforcement of contractual and fiduciary duties, and international business disputes.
Before becoming an attorney, Mark taught philosophy to undergraduates at Purdue University. He learned to explain complicated material in a clear, concise, and entertaining manner. He brings those skills to bear every time he represents a client in court or before an arbitration panel.
When he is not assisting clients, Mark can often be found rowing on the Mississippi River, flying small airplanes, or spending time with his family.
REPRESENTATIVE CASES
Lead Counsel in Multiple Trade Secret and Non-Solicitation Matters. Mark Johnson regularly represents a Fortune 100 company in a matters seeking to protect the client’s intellectual property, its customer and vendor relationships, and its rights under various commercial contracts.
Lead Counsel in Arbitration Seeking $4 million in Contract Damages (2011). Mark Johnson represented a Fortune 1000 company in arbitration seeking damages for breach of a contract that obligated the defendant to develop a new software platform for the banking industry and to jointly market the plaintiff’s products alongside the defendant’s. The matter was resolved shortly before the arbitration hearing.
Shareholder Litigation. Mark Johnson regularly represents clients in shareholder class action lawsuits challenging significant corporate mergers and acquisitions.
In Re Arrowhead Capital Management LLC Class Action, 712 F. Supp 924 (D. Minn. May 17, 2010). Mark Johnson, Larry Shapiro, and attorneys from a New York firm defended a Bermuda accounting firm in a case alleging that professional negligence and other torts led to the collapse of a Bermuda investment fund that invested in Petters enterprises. The Court held that it lacked federal subject matter jurisdiction over the case because the plaintiffs were foreign companies that were suing (among others) foreign defendants.
Randall v. Bondex International, Inc., et al, Case No. 62-CV-09-096373 (Ramsey Cty. Minn. Dec. 18, 2009, amended Jan. 22, 2010). Mark Johnson and Larry Shapiro defended a distributor of construction equipment when a plaintiff claimed the company’s equipment exposed him to asbestos in the 1960s. At the plaintiff’s deposition, they obtained favorable admissions regarding the extent of the plaintiff’s exposure to the equipment in question. The plaintiff also unequivocally identified the manufacturers of the equipment. With that information, we expeditiously moved for summary judgment, and the district court dismissed all claims against our client.
Eastling and EFP, LLC v. BP Products North America, Inc., 0:07-CV-03691 (D. Minn. Oct. 8, 2008). Granting BP’s motion for summary judgment in case involving enforceability of restrictive covenant limiting the permissible uses of gasoline station property. The Eighth Circuit affirmed summary judgment, at 578 F.3rd 831 (8th Cir. 2009).
Vistar Corporation v. Bix Produce Company, LLC, 62-CX-07-2605 (Ramsey Cty. Minn. September 9, 2008).Dismissing product liability claims asserted against distributor on grounds that it was a “passive seller” of the goods in question, not a manufacturer, and granting summary judgment on claims for indemnity from upstream supplier of those goods.
Represented plaintiffs in LaRae Fjellman and Associated Bodywork and Massage Professionals v. Dr. Sanne Magnan and Diane Mandernach (Ramsey County District Court), challenging constitutionality of state law prohibiting massage therapist from having sex and marrying a former client within two years of ending the professional relationship. Robin Wolpert and Mark Johnson each testified in the Minnesota legislature and, ultimately, the governor signed a bill to change the law. The case was named one of the Lawsuits of the Year by Minnesota Law & Politics.
BAR ADMISSIONS
State Bar of Minnesota
State Bar of Illinois
Eighth Circuit Court of Appeals
Fifth Circuit Court of Appeals
U.S. District Court for the District of Minnesota
U.S. District Court for the Northern District of Illinois
PUBLICATIONS
“Legislate First, Ask Questions Later: Post-Enactment Evidence in Minority Set-Aside Litigation,” 2002 U. Chi. Legal Forum 303
“Judge Diana E. Murphy: Memories from the District Court,” Minnesota Chapter of the Federal Bar Association: Bar Talk, Vol. II, Issue 4, (May 19, 2009) (with Laura Provinzino)
AWARDS AND RECOGNITIONS
- Rising Star, Minnesota Super Lawyers (2011, 2012)
- Up and Coming Attorney, Minnesota Lawyer (2011)
COMMUNITY INVOLVEMENT AND PERSONAL INTERESTS
Minneapolis Rowing Club, President (2010 to present)
Minneapolis Rowing Club, Board of Governors (2008-2010)
FAA Certificated Private Pilot