Mark F. Rising

Professional Experience

The first fifteen years of Mark Rising’s practice focused on litigating a wide variety of business disputes, including breach of contract, unfair business practices, violation of intellectual property rights, theft of trade secrets, release of hazardous waste, commercial product liability, insurance and business dissolution disputes. See, Business Litigation Background, below.

Using the knowledge and experience he gained litigating business disputes, the last fifteen years of Mark’s practice has focused on the confidential negotiation of business and real estate agreements to avoid disputes and litigation.

Business and Aviation Law

Mark represents clients in the organization and governance of business entities, as well as in the purchase and sale of business entities. He has also drafted contracts for the purchase, sale or assignment of various business assets, including equipment, leases, supply contracts, intellectual property, non-competition and non-disclosure agreements.

Mark’s practice also includes drafting a wide spectrum of business operations contracts, including employment agreements, independent contractor agreements, dealer supply contracts, manufacturer’s representative agreements, intellectual property licenses, professional services contracts, equipment and fixture lease agreements, and long-term purchase and supply contracts.

Mark’s aviation law practice includes the purchase and sale of aircraft, fixed-base operator contracts, and hangar lease and management agreements.

Real Estate and Construction Contracts

Mark regularly represents individuals and businesses in the purchase and sale of real estate, as well both lessors and lessees in connection with commercial leases of real estate. Mark represents owners in the negotiation of professional services contracts related to development of real estate, the negotiation of construction contracts, and the negotiation of property management agreements.

Business Litigation Background

Mark represented a large Korean company in a commercial dispute arising from an international joint venture. The matter was prosecuted through the International Chamber of Commerce Court of Arbitration, which, after a 3-week arbitration in Seoul, Korea, awarded Mark’s client $6.5 million.1 In subsequent federal court litigation, Mark obtained for his client a $4.5 million judgment for fraud against the owner of the joint venture partner and $7.7 million judgments against two other companies.2 In another federal court case, Mark defended boxing promoters from claims asserted by a Chinese company concerning promotion of the first professional boxing match held in China.3 Mark has also represented a Native Alaskan corporation in disputes arising out of the piracy of a vessel the company had chartered in Canada, and an American company in litigation with an Indian company concerning cast metal parts imported from India.

Mark represented a Northwest software company and its president in a computer trade secret and antitrust case against a major computer manufacturer.4 In another case, Mark defended three Northwest steel manufacturers in a multimillion-dollar hazardous waste case involving a Superfund site.5 Mark has also represented a Northwest seafood processor and a major petroleum products company in a number of Clean Water Act civil enforcement actions brought by the EPA and the Washington State Department of Ecology. Mark defended a former Hanford Nuclear Reservation contractor in three separate actions filed by a high profile Hanford “whistle blower.”6 Mark’s client was awarded judgments dismissing each of the lawsuits. Mark also defended the contractor in a $200 million product liability suit arising from the leak of a radiation source that contaminated a manufacturing plant in Georgia.7 The contractor had manufactured the radiation source using byproducts of plutonium production at Hanford. Mark’s client was awarded a judgment dismissing the lawsuit at the start of the trial.

Mark represented more than 16,000 Washington residents in a class action lawsuit against an insurance company that attempted to terminate their health insurance coverage.8 A large number of the class members suffered from cancer or HIV/AIDS. Mark’s clients were granted a preliminary injunction that prevented the company from terminating their health insurance. The court then awarded Mark’s clients a summary judgment, deciding that the attempted termination breached the insurer’s contracts of insurance with the class members. Mark then negotiated a settlement under which chronically ill class members received premium health insurance coverage for five (5) years.

Mark has also represented parties in the confidential resolution of marital dissolution cases involving business assets, including disputes involving ownership and control of businesses, characterization of property as separate or community, and violation of fiduciary duties owed to businesses. Mark has counseled parties to divorce cases involving businesses worth hundreds of millions of dollars.

1. Hyundai Wood Ind. Co., Ltd. v. Muscanto, Inc., International Chamber of Commerce No. 5289/RP/BGD.
   
   
2. Hyundai Wood Ind. Co., Ltd. v. Muscanto, Inc., et al., United States District Court, Western District of Washington No. C90-888R; American Resources, Inc. v. Muscanto Inc., et al., United States District Court, Western District of Washington No. C90-1299R.
   
   
3. Beijing Xinghua Ind. (Group), Inc. v. William Wheeler, et al., United States District Court, Western District of Washington No. C92-1506Z; Top Rank, Inc. v. Beijing Xinghua Ind. (Group), Inc., et al., United States District Court, Western District of Washington No. C92-1572Z.
   
   
4. Hewlett-Packard Company v. Robert S. Apgood and Strategic Systems, Inc., United States District Court, Northern District of California No. 5:89 cv20522.
   
   
5. Standard Equipment, Inc., et al. v. The Boeing Company, et al., United States District Court, Western District of Washington No. C-84-1129D.
   
   
6. Edwin L. Bricker and Cynthia Bricker v. Rockwell International Corporation, et al., United States District Court, Eastern District of Washington No. CV-90-3090-AAM, decision affirming judgment on appeal, 10 F.3d 598 (9th Cir. 1993); Edwin L. Bricker v. Rockwell International Corporation, et al., United States District Court, Eastern District of Washington No. CS-92-0126-WFN; Edwin L. Bricker and Cynthia Bricker v. Rockwell International Corporation, et al., Superior Court of Washington for Thurston County No. 92-2-00093-5.
   
   
7. Iotech, Inc. v. United States of America, et al., United States District Court, Eastern District of Washington No. CY-91-0154-AAM; Radiation Sterilizers, Inc. v. United States of America, et al.; United States District Court, Eastern District of Washington No. CY-91-0155-AAM.
   
   
8. Dwight Bowen, et al. v. Principal Mutual Life Insurance Company, et al., Superior Court of Washington for King County No. 95-2-27104-9.