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As leader of the firm's Technology, Entrepreneurial and Commercial Client Service Group, Mark serves as strategic counsel to businesses of all sizes, from early-stage and growing technology companies, to mature companies. As a surrogate "in-house counsel,” his representation of clients focuses on complex transactional and business counseling in areas such as venture finance, strategic planning, mergers and acquisitions, securities, corporate governance, divestitures, business deals and contracts. Mark frequently represents venture capital and other investors in their portfolio company investments.

Mark is also co-leader of the firm's private funds practice.  He has substantial experience advising sponsors and managers on the formation and operation of U.S. and offshore private investment funds, including hedge funds, private equity funds, venture capital funds, real estate funds, and other pooled investment vehicles.  Beginning his work with hedge fund formations in 1988, Mark has helped structure, form and advise more than 210 onshore and offshore private investment vehicles.  He advises on fund structuring issues and prepares fund formation documents such as offering memoranda, limited partnership or limited liability company agreements and subscription documents.  Mark's work extends to operational matters such as investment advisor regulatory compliance, negotiations with lead investors, investment manager compensation, fund governance, side letter negotiations, as well as other regulatory matters impacting private fund operations including laws and regulations governing investment companies and broker-dealers.

Civic Involvement & Honors

    • Hedge Funds Care, Colorado Steering Committee, 2006–present
    • Rockies Venture Club, Board of Directors, 2008–2010
    • Boulder Software Club, Board of Directors, 2006–2009
    • Colorado Capital Conference, Chair, 2009-2010
    • Esprit Entrepreneur, Chair, 2007; Awards Committee, 2004–2007, 2010
    • Chambers USA, Corporate/M&A, 2014-2016
    • Best Lawyers in America, Corporate Law, 2016 and 2017
    • Colorado Super Lawyers, Business/Corporate Law, 2011–2013, 2016-2017
    • Martindale-Hubbell AV® Peer Rating
    • Rotary Fellowship (University of Edinburgh, Scotland)
    • Leadership Tomorrow – Seattle, Washington (Class of 2000)
    • Esprit Entrepreneur, Chair, 2007; Awards Committee, 2004–2007, 2010
    • Chambers USA, Corporate/M&A, 2014-2016
    • Best Lawyers in America, Corporate Law, 2016 and 2017
    • Colorado Super Lawyers, Business/Corporate Law, 2011–2013, 2016-2017
    • Martindale-Hubbell AV® Peer Rating
    • Rotary Fellowship (University of Edinburgh, Scotland)
    • Leadership Tomorrow – Seattle, Washington (Class of 2000)
    • Martindale-Hubbell AV® Peer Rating
    • Rotary Fellowship (University of Edinburgh, Scotland)
    • Leadership Tomorrow – Seattle, Washington (Class of 2000)
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Professional Affiliations

    • The Boulder County Business Report, Green Summit Steering Committee, 2009–2011
    • Colorado Bar Association
    • Washington State Bar Association
    • Colorado Bar Association
    • Washington State Bar Association
    • Washington State Bar Association
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Representative Experience

Mark has successfully handled numerous merger and acquisition deals and securities financings. Representative recent transactions include the following:

  • Lead counsel to NexGen Storage from its formation through venture financings and ultimate sale to Fusion-io for approximately $120,000,000
  • Lead counsel to LineRate Systems in its sale to F5 Networks for $125,000,000
  • Corporate counsel to LeftHand Networks from its formation with five founders, through its growth to 225+ employees with $85,000,000 in venture financing, and ultimate sale to Hewlett-Packard for $360,000,000
  • Corporate counsel to FTEN from its formation with three founders through its growth to 85+ employees and ultimate sale to NASDAQ OMX Group for $115,000,000
  • Lead counsel for I-Behavior in a complex reorganization and divestiture transaction of its wholly owned subsidiary aCerno, sold to Akamai Technologies for $100,000,000
  • Lead counsel for I-Behavior in its sale to WPP Group (a London Stock Exchange-listed company) for $100,000,000
  • Team lead for a closely-held Colorado health care services company in its sale to a public company in excess of $100,000,000
  • Fund counsel to Capital Alliance Private Equity III Limited, London-based private equity fund in its formation and $300,000,000+ capital raise
  • Lead counsel to CeltixConnect Equity Investors, a special purpose private equity fund in its formation, equity raise and majority equity investment in a Dublin-based underseas telecommunications cable company; led team of HRO corporate, tax and debt finance attorneys from its Denver, Dublin and London offices
  • Fund formation counsel to Stone-Goff Partners, a lower middle-market private equity fund
  • Fund formation counsel to Fraser McCombs Ventures Funds I and II, venture capital funds investing in automotive-focused technology companies
  • Fund formation counsel to Blue Note Ventures, a venture capital fund investing in early-state technology companies
  • Fund formation counsel to Arenda Capital Partners III, a real estate investment fund
  • Fund formation counsel to Tamarack Global Healthcare Funds, a family of onshore and offshore hedge funds
  • Fund formation counsel to ARC Club II, a real estate investment fund
  • Fund formation counsel to Satori Alpha, a hedge fund-of-funds
  • Fund formation counsel to New Ground Ventures and NGV Co-Investment Fund, venture capital funds investing in early stage impact companies
  • Fund formation counsel to Bigr Ventures, a venture capital fund investing in early stage natural and organic food & beverage companies
  • Fund formation counsel to Pearl Street Technology Finance, a family of onshore and offshore private funds investing in loans to venture-backed companies

Speaking Engagements

  • The Corporate Sustainability Movement: The Flood of Data, Moderator, Fordham University, New York, New York, May 2017
  • “Investment Advisers and Private Funds: Hot Topics and Current Issues,” 49th Annual Rocky Mountains Securities Conference, Denver, Colorado, May 2017
  • Rocky Mountain Private Fund Advisers Summit, Denver, Colorado, November 2016
  • Private Fund Advisers Roundtables, Denver, Colorado, June 2016 and June 2015
  • "Investment Adviser Rules for Private Equity Funds," Colorado Alternative Investment Fund Roundtable. June 16, 2011
  • "The Newly-Revised International Limited Partner Association Private Equity Principles," National Association of Securities Professionals – Southern California Chapter Annual Conference, Los Angeles, CA, January 20, 2011
  • "What Venture Capitalists Need to Know About Venture Capital Law," ExecSense Webinar, July 27, 2010
  • "Private Investment Funds - 2010 Federal and State Regulatory Update," Colorado Hedge Fund Roundtable, June 21, 2010
  • "The State of Venture Capital Financing in Colorado," Colorado Capital Conference, May 12, 2010
  • "Financing the Emerging Growth Company," American Bar Association Private Equity and Venture Capital Committee, 8th Annual Institute for the Young Business Lawyer, Denver, April 22, 2010
  • "Venture Financing Terms: The Impact of the Capital Markets Downturn," Denver Software Club, September 2009
  • "Trends in Colorado Venture Financing," Colorado Capital Conference, May 2009
  • "Legal Compliance for Investment Manager Marketing and Advertising," National Association of Active Investment Managers, Irvine, California, May 2008
  • "Raising a Private Equity Fund," Private Equity CLE, Denver, September 2007
  • "Navigating the Legal Minefield of Investment Management Marketing," National Association of Active Investment Managers, Denver, October 2006
  • "Marketing and Distribution of Hedge Fund Interests," 5th Annual Hedge Fund Regulations and Compliance Forum, New York, May 2005
  • "Overview of the Structuring Issues Facing Managers Forming Funds," 4th Annual Hedge Fund Regulations and Compliance Forum, New York, November 2004
  • "Distinguishing Your Fund of Funds from the Rest of the Fund of Funds Pack," 3rd Annual Fund of Funds Forum, New York, October 2004
  • "SEC Views on Capital Raising for Hedge Funds, New SEC Asset Custody Rules and NASD New Issues Rules, Denver Hedge Fund Roundtable, Denver, April 2004