Mark Konrad's Arizona, Colorado and Nevada practice is concentrated in commercial litigation with significant experience in financial services, corporate governance, technology matters and real property and construction disputes. His financial services experience includes complex contract disputes, commercial loan defaults, guarantor litigation, fraud, receiverships, and adversary and related litigation arising from complex commercial bankruptcies. Mark’s corporate governance experience includes shareholder disputes, corporate buyouts, breach of fiduciary duty claims, and LLC governance and dissolution. Mark's technology experience includes fintech and blockchain technology issues as well as technology company-related litigation. Mark’s real property and construction experience includes commercial lease disputes, development agreements and related litigation, boundary disputes, governmental procurement of construction and construction project litigation.
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- Lead litigation attorney for approximately 100-150 state court receivership actions for numerous types of clients and disputes, including those involving national banks, special servicers, real estate developers, investors, LLCs and others in both federal and state courts.
- Represented a trucking and logistics service provider in a shareholder dispute relating to meaning and intent of a disputed management and buyout agreement.
- Lead trial attorney for court appointed receiver in three week trial involving declaratory judgment, water, development, contract, and real property issues relating to for nine-figure loan for a four-star, 575 room resort hotel.
- Litigation counsel for publicly traded hardware and professional services company in nine-figure contract dispute in Federal District Court in Nevada.
- Lead litigation attorney for national special servicer in several guaranty litigation matters in Arizona and Nevada.
- Trial counsel for Chapter 11 plan confirmations trials for defaulted commercial loans in U.S. Bankruptcy Courts in Arizona and Nevada.
- Lead trial and appellate attorney for national bank on tax lien priority dispute before Nevada Supreme Court.
- Outside counsel to technology and professional services companies regarding various contracting matters.
- Outside counsel to airports, including construction litigation, development of appropriate policies and procedures for procurement of construction and related contracting, and other general litigation matters.
- Litigation counsel for large public accounting firm in professional malpractice litigation relating to auditing of publically traded surety bond company.
- Represented shareholders of related real estate investment and property management companies in the buyout of minority shareholders, the division of liabilities and the transfer of real estate assets arising from a dispute in management, accounting issues and the intent and meaning of corporate governance agreements.
- University of Arizona, James E. Rogers College of Law (J.D., magna cum laude, 1991)
- University of Arizona (B.S., 1988)
Professional Memberships and Activities
- American Bar Association
- Co-Chair Business Law Section - Financial Services Litigation Subcommittee (2018)
- American Inn of Courts, Tucson Chapter
- Master (2008)
- Arizona Builders Alliance, Tucson Chapter
- Legal Committee, Chairman (2004-2006)
- Federal Bar Association, Tucson Chapter
- President (2005-2006)
- Executive Committee (2001-2007)
Representative Presentations and Publications
- "Emerging Trends in the Regulation of Fintech and Blockchain Technology: An Update on the National Fintech Charter," Author, appearing in JD Supra (September 2018)
- "Emerging Trends in the Regulation of Fintech and Blockchain Technology: An Update on Regulatory Sandboxes," Author, appearing in JD Supra (September 2018)
- "Cryptocurrency and Taxes - An Introduction and Discussion," Co-Presenter, Tucson Tax Study Group (June 15, 2018)
- "Blockchain and Digital Currencies: A Look at the Legal Issues," Co-Presenter, Snell & Wilmer Presentation (May 9, 2018)
- "Fintech Regulatory Cases," § 24.4 of Recent Developments in Business and Corporate Litigation, Author, American Bar Association, Business and Corporate Litigation Committee (2018)
- Blockchain Technology and Digital Currencies - Where We Are and Where We May Be Going," Presenter, Snell & Wilmer Presentation (April 29, 2018)
- "Commercial Operation of Drones - What Construction Stakeholders Should Know," Co-Author, Under Construction (March 2018)
- ADPM Legislation Overview," Procurement & Selection Process for Public Projects, Presenter, Alliance for Construction Excellence (December 13, 2016)
Professional Recognition and Awards
- Outstanding Pro Bono Attorney, Volunteer Lawyers Program (May 2003)
- Volunteer Lawyers Program
Other Professional Experience
- Jolley, Urga, Wirth and Woodbury, Attorney, Las Vegas, Nevada (1993-1995)
- United States District Court, District of Nevada, Judicial Law Clerk to Judge Philip M. Pro (1991-1993)
- Supreme Court of Arizona
- Supreme Court of Colorado
- Supreme Court of Nevada
- United States District Court, District of Arizona
- United States District Court, District of Nevada
- United States Court of Appeals, Ninth Circuit