Mark Arnold

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A litigator for 40 years, Mark is a seasoned debater who is energized by outsmarting his opposition. His practice focuses on antitrust, securities pension and welfare, toxic tort and product liability matters. He also handles appeals of major cases, interpreting complex federal statutes such as the Employee Retirement Income Security Act (ERISA) and the Racketeer Influenced and Corrupt Organizations Act (RICO).

Latest Articles

Like most states, Minnesota has a three-tier system for distributing alcoholic beverages – the manufacturer sells to a wholesaler who sells to a retailer. Minnesota allows local wineries to apply for a farm winery license, which permits the holder to sell direct to both retailers and consumers.  The catch is that the winery must use more than 50% of its grape juice from grapes produced in Minnesota.  A winery may obtain a one-year dispensation from…
On several occasions, the latest being March 27, 2019, we blogged about the Iowa “ag gag” law, which made it a criminal offense for persons to use false representations to gain access to farms and ranches for the purpose of exposing animal rights abuses. The District Court in Iowa held that the statute violated the First Amendment. The Iowa legislature has now amended the statute in an effort to avoid the constitutional issue. The…
On September 28, 2018 and December 27, 2018, we blogged about the challenge to Missouri’s meatless meat statute. The statute purports to prohibit designating a product as meat unless it has been obtained from harvested livestock or poultry.  The target of the statute is newly developed technology that can produce from either laboratory or plants a product that looks and tastes very much like meat.  The plaintiffs argue that the statute violates their first…
Wisconsin is one of the few states that ban the sale of ungraded butter and the only one that enforces the ban. The state allows for four categories of grade: AA, A, B, and Ungraded. To grade butter, an examiner must be licensed by the state or the federal government. The grade depends on each examiner’s subjective application of no less than 32 characteristics involving flavor, color, body and salt. These characteristics are further qualified…
We blogged on March 12, 2018, about the State of Iowa’s appeal of a District Court order finding that its so-called “ag-gag” statute violated the First Amendment.  The statute made it a criminal offense to gain access to farm facilities by false pretenses or to make a knowingly false statement in an employment application.  The purpose is to make it harder for undercover investigations to uncover animal abuse.…
We blogged most recently on December 27, 2018, about several states’ challenges in the Supreme Court to animal welfare laws enacted by both California and Massachusetts. The states sought permission to file suit in the Supreme Court under the Court’s original jurisdiction. On January 7, 2019, the Court denied leave to file. The Solicitor General had strongly recommended that the Court not exercise its original jurisdiction, asserting that a suit in federal district court…
The 1921 Packers & Stockyards Act (PSA), among other things, prohibits packers, swine contractors and poultry dealers from using any “unfair, unjustly discriminatory, or deceptive practice.” It also prohibits them from giving any “undue or unreasonable preference or advantage” to any person.  For decades, federal courts have held that these provisions only apply to conduct that is intended to or does have an actual or potential adverse effect on competition.  During that time, Congress amended…