Mediator Resume

Lanak & Hanna, P.C. - Attorney

Attorney

Attorney, Lanak Hanna, P.C., 2020 - Present; Attorney/Principal, Law Offices of Mark Johnson, 2019; Attorney/Partner, Snell & Wilmer L.L.P, 2015 - 2018; Attorney/Partner, Alston & Bird, LLP, 2012 - 2015; Attorney/Partner, Manatt, Phelps & Phillips, LLP, 1999 - 2012; Attorney/Associate, Sheppard, Mullin, Richter & Hampton, 1990 -1999.

Has tried to decision or verdict over 30 jury trials, bench trials and complex arbitrations concerning construction, environmental, land use, oil and gas, real estate, and toxic tort matters, including four in 2021 and two in 2022. Has over 20 years of experience as a Partner at three national law firms: Alston & Bird; Manatt, Phelps & Phillips; and Snell & Wilmer. Is Martindale-Hubbell® AV Preeminent® judicial and peer review rated and was named JD Supra®, Readers’ Choice, Top Construction Author (2017). Selected for recognition in The Best Lawyers in America© 2021 and 2022. Also listed in Americas Most Honored Lawyers-Top 1% 2022. Construction law experience includes representing owners, general contractors, subcontractors, design professionals and sureties in private and public works arbitrations and lawsuits in state and federal courts as well as the federal Civilian Board of Contract Appeals and the California Public Works Contract Arbitration in disputes concerning extra work claims, changed condition claims, acceleration and delay claims, loss of productivity claims, defective work claims, California contractor’s licensing laws, the California False Claims Act, the Federal False Claims Act, Office of Statewide Health Planning and Development regulations and requirements, mechanic’s lien and stop notice claims, payment and performance bond claims, professional liability of architects/engineers and product liability claims. Construction litigation includes a wide array of projects, including airports, assisted living facilities, bridges, commercial, industrial, and office buildings; cogeneration projects, dams, disaster/emergency response projects, environmental remediation projects, grading projects, highways, hospitals, hotels, military facilities, oil and gas distribution terminals and refineries, pipelines, and wells; power plant projects, renewable energy projects, rail roads, residential projects, school projects, sewer projects, skilled nursing facilities, solar projects, tunnels, and waste water treatment plants. Environmental experience includes litigation concerning CERCLA; Proposition 65; petroleum and hazardous substance contamination of soil and groundwater; toxic torts, and insurance coverage issues. Has a B.S. in Petroleum Engineering and, prior to becoming a lawyer, worked as an engineer for the California Geologic Energy Management Division. Recent Experience • Defended the prime contractor and a first-tier subcontractor on a disaster response project for the US Army Corps of Engineers against a lawsuit for extra-compensation filed by a second-tier subcontractor. After obtaining a ruling against the second-tier subcontractor during trial, the second-tier subcontractor dismissed all claims for no compensation. • Represented a subcontractor in a lawsuit seeking additional compensation from a general contractor on a public-school construction project. After the trial court verdict awarded the subcontractor most of the requested compensation and deemed the subcontractor the prevailing party, the contractor agreed to pay the subcontractor the entire verdict amount plus 100 percent of the six-figure amount incurred by the subcontractor for attorneys’ fees and costs. • Obtained a trial verdict awarding a subcontractor on a public works construction project 100% of the amount requested from the general contractor plus prejudgment interest and attorneys’ fees. • Represented a design build contractor in a claim before the Civilian Board of Contract Appeals seeking additional compensation from the DOJ/FBI for a building designed and built by the contractor for the FBI on a US Army base in Alabama. Resolved the claim through a settlement providing the contractor with almost a million dollars of additional compensation.

Has served as a mediator in over 25 matters. The matters have included construction disputes concerning construction defects, extra work, and delay claims. Has also served as a mediator in numerous disputes concerning environmental disputes concerning various issues, including soil and groundwater contamination. Has also served as a mediator in multiple cases concerning landlord-tenant disputes concerning alleged breaches of lease, including various habitability issues. Has also mediated a number of disputes regarding personal injuries and wrongful death resulting from environmental exposures. Has also served as a mediator in several disputes concerning insurance coverage for construction, environmental, and personal injury claims.

Mark understands that mediation provides an opportunity for all parties to affect the outcome of a dispute. Given his significant trial experience, Mark understands that settlement is the best result in almost all situations and provides the parties with an opportunity to control resolution of a dispute. In many cases, the driver of the dispute and a potential path to resolution may involve issues other than monetary compensation. As such, Mark looks to find creative means to settle disputes. Mark also understands that each party needs to feel that it has a full opportunity to demonstrate its position and Mark believes that becoming knowledgeable about each sides position is important so that he has the knowledge required to provide each side with informed positions about the strengths and weaknesses of their respective positions.

Loyola Law School Los Angeles (JD-1987); University of Southern California (BS, Petroleum Engineering-1984).

Admitted to the Bar: California (1988), Texas (2023).

American Bar Association Los Angeles County Bar Association Orange County Bar Association

• Mechanics’ Liens, Stop Notice and Payment Bonds in California,” Speaker, Levelset’s 2022 Construction Credit Summit, Roseville, CA (June 23, 2022) • “Assessing the Larger Parcel and Environmental Issues in Condemnation, “ Speaker, International Right of Way Association Annual Valuation Seminar, Downey, CA (May 24, 2022) • “Bankruptcy and Mechanic’s Liens: why It is Not All Bad News,” Speaker, NACM, National Conference, Kansas City, MO (October 12, 2021) • "Storm Water Rules and Regulations for Construction Projects," Speaker, Engineering Contractors Association Legal Seminar, Anaheim, CA (April 19, 2018) • "Ninth Circuit Decision Expands CWA to Indirect Discharges to Navigable Water," Author, S&W Environmental, Natural Resources, Oil and Gas Law Blog (February 13, 2018) • "Keeping an Arbitrator on Track: A New California Case Demonstrates that Contractual Arbitration Provisions Can Be Drafted to Provide for Appellate Review of Errors or Fact of Law," Author, Under Construction (September 2017) • "New Fed Policy Eliminates Ability of Settlement Options to Include Payments to Non-Party NGOs," Author, S&W Environmental, Natural Resources, Oil and Gas Law Blog (June 16, 2017) • "Active Negligence or Willful Misconduct Does Not Preclude a General Contractor from Obtaining Indemnification from a Subcontractor," Author, Under Construction (June 2017) • "New California Construction Laws for 2017," Co-Author, Under Construction (December 2016) • "Construction Payment and Performance Bond Fundamentals," Speaker, Lorman Education Services Live Webinar (November 1, 2016) • "My Project Changed - Is My EIR Still Valid: A New California Supreme Court Case Provides Guidance," Author, S&W Environmental, Natural Resources, Oil and Gas Law Blog (September 26, 2016) • "CA Governor Signs Bill Requiring More Contractor Oversight After Fatal Balcony Collapse," Quoted, Construction Dive (September 19, 2016) • "What Terms of Sale Control and Can I Get Prejudgment Interest on My California Construction Claim?" Author, Under Construction (September 2016) • "Inside CA's First Step Toward New Regulations After the Berkeley Balcony Collapse," Quoted, Construction Dive (September 1, 2016) • "Common Subcontractor Indemnification Provision Clauses and California Limitations Webinar," Presenter, Lorman Education Services (August 1, 2016) • "How Contractors Can Use Mechanics' Liens to Avoid Getting 'Burned'," Quoted, Construction Dive (April 26, 2016) • "Affordable Housing on the Hot Seat: Changing Regulations 'Force Developers to Be More Creative'," Quoted, Construction Dive (March 10, 2016) • "Limitations on Indemnity Provisions in Construction Contracts in California," Author, Under Construction (March 2016) • "The Dotted Line: How to Navigate 'The 3 Cs' of Construction Bonding," Quoted, Construction Dive (February 9, 2016) • "It is Remedial or Removal - The Distinction is Critical in Determining the Statute of Limitations for Actions under CERCLA," Author, S&W Environmental, Natural Resources, Oil and Gas Law Blog (January 14, 2016) • "Construction Payment and Performance Bond Fundamentals Webinar," Presenter, Lorman Education Services (November 16, 2015) • "Surveying the Landscape: How to Conduct an Admissible Property Appraisal Survey," Speaker, Spring Litigation Conference of the Southern California Chapter of the Appraisal Institute, USC Campus, Los Angeles, CA (November 13, 2015) • "EPA Methane Rules Cast Wide Net Over Oil, Gas Sector," Quoted, Law360 (August 18, 2015) • "Construction Bonds and Subguard Insurance," Author, Under Construction (June 2015) • "How Come Different Delay Methodologies Reach Different Conclusions and What to do About It,” Presenter, Construction Super Conference, December 2, 2014 • "Construction Payment and Performance Bond Fundamentals,” Webinar, November 20, 2014 • "Averaging Maximum Allowable Dose: Judging the Science.”

Anywhere in CA

Hourly Rate: $600.00 Daily Rate: Not provided Study Rate: $600.00/hr Cancellation: Not provided Cancellation Period: 3 Days Comment:

English

United States of America

Los Angeles, California