Overview
Mark Koerner focuses his practice in two niche areas -- Transit Authority Law and Environmental Law. As he has from the start of his legal career, he also counsels and represents a range of other clients on litigation, business law, and information technology matters.
Regardless of the legal area, Mark strives to find practical solutions that keep clients moving forward. His experience includes the following:
- Transit: Having started with one transit authority in 2012, Mark now functions as outside General Counsel for more than 20 transit authorities. His transit work includes advising on a wide range of general operations matters as well as contract and policy drafting and review; negotiations; public financing; construction of new transit facilities; and compliance with state and federal laws.
- negotiation and drafting of collective bargaining agreements
- grievance defense
- mediation and arbitration
- advising on employment practices
- drafting employment policy and procedure manuals
- contract review
- Environmental: Mark’s environmental work includes: environmental litigation; air, water, waste, natural resource permitting and approval; air, water, soil, ground water, surface water, natural resource, negotiation of contracts, insurance, review of due diligence for transactions, investigation and cleanup of contaminated sites, sewer authorities, and recycling.
- General and Commercial Litigation: Mark has handled litigation for businesses, other entities, and individuals since his first year as a lawyer. Regardless of the kind or size of case, he takes a practical, strategic approach to pursuing, defending against, and resolving litigation. His approach starts with asking about the client’s goals. It includes balancing risk and being ever mindful of providing cost-effective representation and clear, timely communication. Mark has experience in all levels of state courts in Michigan.
- Business and Information Technology: Many businesses have found Mark’s knowledge of information technology and privacy law instrumental in helping them keep their assets secure. He has helped businesses with: electronic discovery, e-commerce, software licensing, IT document drafting, health information privacy, start-up entity formation, corporate governance, contracts and negotiations, leases, other business matters
- Drain: Mark has significant legal experience advising public entities on county and inter-county drain issues and flooding and lake level matters. He also represents businesses and other private property owners on drain-related matters.
Honors & Recognitions
Best Lawyers in America® - Municipal Law, 2025
Affiliations
Memberships & Affiliations
Legal Affiliations:
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Ingham County Bar Association
-
State Bar of Michigan
-
State Bar of Illinois
Community Affiliations:
- Sparrow Foundation
- Dapper Dad Campaign
- 2019, 2021, 2022
- Dapper Dad Campaign
Experience
Representative Matters
Transit
- Contract Drafting/Review/Negotiation; Reviews and revises various contracts, including, but not limited to: Interagency Agreements, facilities repair and maintenance agreements, purchase of service agreements, MDOT and FTA agreements;
- Defense of FTA Complaints: Successfully defended an FTA complaint from a private charter operator as well as successfully defended an FTA complaint that a transit agency was providing school bus service in violation of the federal law;
- Public financing for construction of new transit facilities;
- Contract review and development related to the construction of new transit facilities;
- Contract development for various transit-related issues including bus procurement, facilities repair, master plan development and vehicle service.
Municipal
- Issuing Legal Opinions: Regularly issues legal opinions on various issues including use of public funds, disposal of public property, weapons and the right to carry, and issues surrounding millages;
- Legislative Updates and Review: Provides general legislative updates on a regular basis;
- Freedom of Information Act Requests and Compliance: Regularly assists in responding to FOIA requests;
- Open Meetings Act Compliance: Answers questions and assists with Open Meetings Act Compliance on a regular basis; and
- Millage Issues: Regularly provides legal guidance concerning millages including drafting Board resolutions and millage language for ballots.
Drain
- Petitions drain projects pursuant to the Michigan Drain Code of 1956 as amended;
- Establishes Lake Levels;
- Defense of flooding litigation; and
- Public financing for public Drain projects pursuant to the Michigan Drain Code of 1956 as amended.
Employment
- Labor/Employment Law: Handled grievances on behalf of a Charter Township; provided counseling during negotiations of a renewed collective bargaining agreement; negotiated and drafted new collective bargaining agreement for transit authority; Currently counsels with day-to-day employment issues for various transportation authority clients; and
- Policy Drafting and Review: Review and revise employee policy manuals, operations and managerial procedures manuals and employment/job descriptions for various transit authorities.
General Litigation
- Provides General Corporate Counsel including business formation, contracts, mergers and acquisitions and real estate matters;
- Litigation Avoidance Through Best Practices; and
- Litigation/Alternative Dispute Resolution.
Business
- Provide General Counsel; and
- Counsel on data security.
Communications
Recent Blog Posts
Michigan Labor & Employment Law Blog
Publications
- Michigan Employers Alert: Major Changes to Sick Leave & Minimum Wage Effective Feb 2025!, Labor & Employment Law News E-blast, July 31, 2024
- Compliance and Regulation Issues of the Family Medical Leave Act: A 2023 Update, Foster Swift Labor & Employment Law News, February 16, 2023
- Court of Appeals Ruling Halts Pending Minimum Wage Increase and New Earned Sick Time Act – For Now, Labor & Employment Law News E-blast, January 27, 2023
- Don't Forget! Michigan's Minimum Wage Increases on January 1, Additional Hike Expected, Foster Swift Labor & Employment Law News E-blast, December 28, 2022
- Litigation 101 - What Happens in a Lawsuit?, Foster Swift Business & Tax Law News, June 3, 2022
News & Events
Speaking Engagements
- 2024 Virtual Labor & Employment Law Update, Foster Swift Webinars, September 18, 2024
- Substance Use Policies and Your Township, Michigan Township Association (MTA) Conference 2024, April 23, 2024
- Employee Drug Testing, Fall 2023 Labor & Employment Law Update Webinar, October 12, 2023
- Fall 2023 Labor & Employment Law Update, Foster Swift Going Forward Webinars, October 12, 2023
- ADA and FMLA Compliance and Regulation Issues, Fall 2022 Labor & Employment Law Update Webinar, October 12, 2022
- What Employers Need to Prepare for in 2023, Foster Swift Going Forward Webinars, October 12, 2022
News
- Foster Swift Attorneys Named 2025 Best Lawyers in America, Best Lawyers in America, August 15, 2024
- Koerner Named to Best Lawyers in America 2025, Best Lawyers in America, August 15, 2024
- Koerner Discusses Dapper Dads on Michigan Business Network, Michigan Business Network, August 19, 2021
- Attorney Joins 2021 Dapper Dads for Good Cause, July 15, 2021
- Foster Swift Elects Six Shareholders in 2021, January 13, 2021
- Municipal Attorney Joins Dapper Dads, April 24, 2019
- Mark Koerner Joins Foster Swift, August 1, 2018
Media
Practice Areas
Education
John Marshall Law School, J.D., 2000
John Marshall Law School, LL.M., 2000, Information Technology Law
Michigan State University, B.A., 1996
Bar and Court Admissions
Illinois
Michigan
U.S. District Court for the Western District of Michigan
U.S. District Court for the Eastern District of Michigan