Mark O’Donnell
Mark P. O’Donnell has been practicing law in Oregon since 1968. Mark spent the first 14 years of his career as a trial lawyer. This experience as a trial lawyer gives Mark a unique perspective as a business lawyer in that he can see the whole picture when working with the client. He has acquired a vast reservoir of practical insights in assisting clients with the selection of business entities, the acquisition and sale of businesses, general economic development, and all aspects of real estate development and finance. He formulates recommendations to his clients in these areas with respect to capitalization/financing, taxation, risk management and asset protection planning, succession planning for the family-owned and nonfamily-owned business and real estate acquisition, development and financing. His knowledge of liability and property insurance and experience with adverse insurers allows him to advise clients in this very important area when formulating recommendations as a business lawyer.
Mark’s background as a land use lawyer and litigator of land use cases, coupled with his experience as a real estate lawyer in projects ranging from $25,000 to $35 million, allow him to help his clients effectuate their business goals timely and efficiently. Mark has substantial experience in the closing of sale and purchases of real estate, preparing opinions as seller’s counsel and title insurance matters. Mark has the highest legal and ethical rating (AV) determined by Martindale-Hubbell ®. This rating gives him substantial credibility with counsel for lenders when he is rendering opinions as borrower’s counsel.
One focus of Mark’s practice has been the advising charitable entities and tax-exempt trade associations in the areas of tax-exempt status, unrelated business income tax, joint ventures, formation of subsidiaries, political contributions and campaign finance, and risk management, including association professional liability insurance (director’s and officers’ liability insurance.) Mark is the author of numerous articles on the duty of directors of nonprofit corporations, director’s and officers’ liability insurance and tax-exempt status compliance. He is also the author of “A Wake-Up Call for Executive Directors, Nonprofit Directors and Nonprofits After the Sarbanes-Oxley Act.”
Mark is a veteran of four recessions. He has achieved a wealth of practical experience and knowledge in assisting his clients in loan modifications and workout agreements with secured lenders. Mark’s “downside” experience has enabled him to assist his clients in difficult times with difficult lenders.
Mark has substantial experience in using Chapter 11 of the Bankruptcy Code to assist his clients in times of liquidity/cash flow crisis, which have been compounded by shortsighted lenders. He has successfully helped clients restructure and modify loan terms with both secured and unsecured creditors. His knowledge of regulatory requirements for lenders has helped him achieve loan modifications in significant dollar amounts by knowing what a regulated lender can do and cannot do. While Mark has successfully quarterbacked five reorganizations under the Bankruptcy Code for his clients, he has more often used Chapter 11 of the Bankruptcy Code as a “tool” to achieve what he refers to as a “private reorganization,” as opposed to a filing under Chapter 11.
Mark is a member of the Oregon State Bar and the Multnomah Bar Association. As a member of the American Bar Association, he has been appointed to the ABA Committees on Dispute Resolution, Nonprofit Corporations and Small Business, Corporate Governance and Codes, Trade Associations, and Closely Held Business Entities. He is also a charter member of the Legal Section of the American Society of Association Executives and the Manufactured Housing Attorney Network. He is the first Oregon lawyer to be invited to join the Academy of Hospitality Industry Attorneys.