Mark works extensively with business owners and high-net-worth individuals on the many diverse legal matters that arise during the course of their careers and lives, including contractual agreements, dispute avoidance and resolution, business ownership succession, and estate, trust, tax planning, and settlement matters.
Mark’s extensive experience gives him unique perspective to guide clients through all stages of their working careers, including helping business owners sell their companies. With these transactions, Mark often begins years before a sale by designing and implementing incentive compensation arrangements for key employees that ensure continuity and support enforcement of restrictive covenants. Such “golden-handcuff” arrangements can result in the sale of the business to insiders who contributed to the growth of the business and who receive commensurate compensation to be used in the purchase, without which the additional necessary financing would be difficult.
If a company or its assets are to be sold to a third party, Mark works with clients to explore options for marketing the company, then provides input and expertise on negotiating a letter of intent, responding to due diligence requests, managing post-closing risk to the seller, and negotiating and drafting purchase agreements and related transaction documents. Mark’s understanding of the challenges and goals of all parties in a transaction allows for a smooth process that anticipates and avoids pitfalls.
Mark’s practice includes planning and implementing company sale and financing transactions involving employee stock ownership plans (ESOPs). While ESOPs represent a tremendous financial tool and maintain company culture and reward employees, they can also be complex. Mark and his contacts that serve as ESOP trustees, lenders, and administrative consultants work with clients to navigate applicable IRS and ERISA compliance complexities. Mark’s background working with qualified retirement, health, and other welfare plans makes him a valuable resource for all MPS clients.
Mark’s clients particularly value his ability to assist with their estate planning and the settlement of estates and trusts upon the death of a loved one. The multi-dimensional knowledge and input that Mark provides to his clients differentiates him in a legal landscape in which clients increasingly have to deal with multiple lawyers or firms.