Mark is a founder and managing member of Weiner Brodsky Sidman Kider PC. Mark is the head of the firm's transportation practice, which represents clients that have an interest in the railroad and truck manufacturing industries.
Mark's practice focuses on advising clients on corporate, commercial and regulatory matters, with emphasis on the purchase and sale of short line and regional railroads. Mark is also nationally recognized for his experience advising truck manufacturers with respect to federal excise tax. Mark practices before numerous federal agencies, including the Surface Transportation Board, Federal Railroad Administration, Internal Revenue Service and the National Highway Traffic Safety Administration. Representative clients include railroads, shippers, truck manufacturers, investment bankers, trade associations and others involved in the transportation industry.
Recent Matters
- Served as neutral arbitrator in an arbitration of a multi-million dollar commercial dispute between two Class I railroads.
- Represented a short line railroad group in the sale of three railroads to a publicly traded holding company.
- Structured a contract rail carriage plan for an industrial park. Negotiated construction agreements, service agreements with tenants and operational agreements with a Class I railroad.
- Negotiated a settlement agreement for a small railroad that would be adversely affected by a control transaction proposed by a Class I carrier.
- Advised a short line railroad on the acquisition of 100 covered hopper cars.
- Represented a Class III carrier in an arbitration of disputes arising out of the sale of a rail line.
- Represented a national trade association in structuring a products liability insurance program for its members.
- Assisted a digger derrick manufacturer in defending against an IRS assessment of federal excise tax.
- Advised a dump body manufacturer in a NHTSA safety defect investigation.
Publications
- Co-Editor, Excise Tax Quarterly (National Truck Equipment Association).
- Small Railroads and the Handling of Extremely Dangerous Commodities, Association of Transportation Law Professionals, paper presented June 2006 (Seattle, WA).
- Transportation Contracts: Small Railroad Perspective, Association of Transportation Law Professionals, paper presented June 2003 (Newport, RI).