Mark J. Sundahl

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Mark J. Sundahl
Of Counsel

Mark J Sundahl.vcf

Areas of Practice: International Business Transactions; Export Controls & Economic Sanctions; International Commercial Agreements; Space Law

Professional Experience: 
Mark Sundahl assists companies in structuring and executing business transactions of all types.  His practice is both domestic and international in scope with an emphasis in the aerospace and high-tech sectors.  He advises companies on matters of corporate formation, joint ventures, mergers and acquisitions, sales and payment issues, export controls, and finance.

Some of Mr. Sundahl’s representative transactions include drafting international terms and conditions of sale for a client exporting chemicals to Mexico; drafting international distributorship agreements and providing advice on export control matters to aerospace and defense companies; executing a merger of two Internet entertainment companies; advising a company in the structuring of a joint venture in Armenia; advising an early-stage entrepreneur in a joint venture with a Chinese partner; and establishing a U.S. subsidiary for an Israeli company entering the U.S. market.

In addition to serving as Of Counselto the firm, Mr. Sundahl is a Professor of Law at Cleveland State University’s Cleveland-Marshall College of Law where he teaches International Business Transactions, Commercial Law, and Space Law.  He is the co-author of a treatise on secured transactions and has published articles and lectured around the world on international commercial law and space law. His recent writings have focused on international secured finance and export controls, specifically the application of ITAR to aerospace ventures.

Prior to joining the faculty at Cleveland-Marshall, he was an associate in the International Transactions Group at Pillsbury Winthrop Shaw Pittman LLP in San Francisco.

Selected Publications and Presentations: 

Books and Treatises

The Cape Town Convention: Its Application to Space Assets and Relation to the Law of Outer Space (2013, Brill)

New Perspectives on Space Law (co-editor with V. Gopalakrishnan, 2011)

Secured Transactions in California under Revised Article 9 of the Uniform Commercial Code (2003) (with G. Haley, R. Spjut and T. Gump) (with annual updates)

Other Select Publications

Financing Space Ventures, in Handbook on Space Law (forthcoming 2014, Edward Elgar)

The Space Assets Protocol One Year Later: An Update and Reassessment, The Air & Space Lawyer (ABA, June 2013)

How the Rescue and Return Agreement Can Protect (and Harm) the Interests of a Creditor under the Cape Town Convention in Proceedings of the International Institute of Space Law (2013)

Export Control Reform: An Update, in Cleveland Metropolitan Bar Association Journal (Spring 2013)

NASA’s Commercial Crew Transportation System Requirements and the FAA Human Spaceflight Regulations: A Study in Contrasts?inProceedings of the International Institute of Space Law (2012)

The Expansion of Private Space Activity and its Impact on the Development of the International Law of Outer Space, Proceedings of the 53rd Colloquium on the Law of Outer Space (2011)

Space Tourism and Export Controls: A Prayer for Relief, 75 Journal of Air Law & Commerce 581 (2010)

Bigelow Aerospace’s Commodity Jurisdiction Request under ITAR and its Impact on the Future of Private Spaceflight, Proceedings of the 52nd Colloquium on the Law of Outer Space (2010)

ITAR and Space Technology: The Dawn of a New Age?,Global Action, Newsletter of the International Law Section of the Cleveland Metropolitan Bar Association (April 2009)

The Duty to Rescue Space Tourists and Return Private Spacecraft, 35 Journal of Space Law 163 (2009)

ITAR Update: A Clarification Brings a New Complication, Ohio Aerospace Institute Newsletter (November  2008)

Rescuing Space Tourists: A Humanitarian Duty and Business Need, Proceedings of the 50th Colloquium on the Law of Outer Space (2008)

Iraq, Secured Transactions & The Promise of Islamic Law, 40 Vanderbilt. J. Transnat’l L. 1301 (2007)

Information Warfare: The Legal Aspects of Using Satellites and Jamming Technologies in Propaganda Battles, Proceedings of the 49th Colloquium on the Law of Outer Space (2007)

The Cape Town Convention: Unleashing Capital for the Space Industry, in Conference Proceedings of the ISRO/IISL Space Law Conference 2005: Bringing Space Benefits to the Asian Region (R. Lochan, ed., 2006)

The “Cape Town Approach”: A New Method of Making International Law, 44 Colum. J. Transnat’l L. 399 (2006)

International Secured Transactions and Insolvency, 40 Int’l Law. 381 (2006) (with S.J. Roberts, J. Carruth& W.D. Stuber)

Unidentified Orbital Debris: The Case for a Market-Share Liability Regime, 24Hastings Int’l & Comp. L. R. 300 (2000)

Select Speaking Engagements

Washington, D.C., Panel Member, The ICC’s Newly Issued Rules for Arbitration of Disputes Relating to Outer Space Activities: Does Newspace Want to Arbitrate?,  American Bar Association, Section of International Law, Spring Meeting, April 2013

Cleveland, Ohio, The Deemed Export Rule and its Effect on Research and Development, Cleveland Metropolitan Bar Association, International Law Section CLE Conference: Challenges Facing Legal Counsel When Companies Think and Act Globally, May 2013

Naples, Italy, How the Rescue and Return Agreement Can Protect (and Harm) the Interests of a Creditor under the Cape Town Convention, International Astronautical Congress, October 2012

Cleveland, Ohio, Busting Mythsof DDTC Registration, Co-Presenter, Jon P. Yormick, Ohio Aerospace Institute Member Roundtable, September 2012

Shaker Heights, Ohio, Expanding Your Business through Exports, Global Gateway Lecture Series, Shaker Launch|House, February 2012

Cape Town, South Africa, NASA’s Commercial Crew Transportation System Requirements and the FAA Human Spaceflight Regulations: A Study in Contrasts?,International Astronautical Congress, October 2011

Cleveland, Ohio, ITAR Workshop, U.S. Department of Commerce and International Trade Assistance Center, September 2011

Cleveland, Ohio, Harmonizing Global Business Law: The Example of the Cape Town Convention, First Annual Symposium on World Affairs, Cleveland State University, May 2011

Beachwood, Ohio, Getting Paid and Making Payments: Choosing the Best Method of Moving Money in International Transactions, Global Gateway Lecture Series at the Beachwood Business Development Center, April 2011

Cleveland, Ohio, ITAR and EAR Updates for Aerospace Companies, Ohio Aerospace Institute Member Roundtable, April 2011

Prague, Czech Republic,The Expansion of Private Space Activity and its Impact on the Development of the International Law of Outer Space, 2010 International Astronautical Congress, September 2010

 

Lincoln, Nebraska,The Cape Town Convention: Financing Space Ventures, University of Nebraska-Lincoln, Guest Lecturer, August 2010

Beachwood, Ohio,International Banking and Payment Systems: How to Move Money, Get Paid, and Manage Currency Risk in the Global Marketplace, Global Gateway Lecture Series at the Beachwood Business Development Center, May 2010

Cleveland, Ohio,The Legality of Kinetic Anti-Satellite Tests under Customary International Law, Case WesternReserve University School of Law, Guest Lecturer, April, 2010

Daejeon, South Korea,Bigelow Aerospace’s Commodity Jurisdiction Request under ITAR and its Impact on the Future of Private Spaceflight, International Astronautical Congress, October 2009

Cleveland, Ohio,Laws and Regulations Across Markets: What You Need to Know When Buying, Selling, and Licensing Abroad, GlobalTarget Program, Nance College of Business Administration, Cleveland State University, June 2009

Cleveland, Ohio, Penetrating Foreign Markets through Export Sales and Legal Issues in Establishing

Foreign Business Operations,Going Global Today International Trade Seminar, Cleveland Metropolitan Bar Association and the International Trade Assistance Center, May 2009

Beachwood, Ohio, Agents, Distributors, and Direct Sales: How to Sell your Products Abroad, Global Gateway Lecture Series at the Beachwood Business Development Center,April  2009

Cleveland, Ohio, Islamic Secured Finance, CSU-Siegal College Seminar on Jewish and Muslim Attitudes Toward the Lending Crisis, Cleveland State University, March 2009

Cleveland, Ohio, Penetrating Foreign Markets: Opportunities and Challenges for Aerospace & Defense Manufacturers, Ohio Aerospace Institute, December 2008

 

Hyderabad, India,Rescuing Space Tourists: A Humanitarian Duty and Business Need, International Astronautical Congress, September 2007

Valencia, Spain,Information Warfare: The Legal Aspects of Using Satellites and Jamming Technologies in Propaganda Battles, International Astronautical Congress, October 2006

Los Angeles, California,A New Era of Space Finance: The Cape Town Convention, International Space Development Conference, May 2006

Bangalore, India,The Cape Town Convention: Unleashing Capital for the Space Industry, IAA/IISL Space Law Conference 2005: Bringing Space Benefits to the Asian Region, June 2005

Professional and Community Associations: 

In 2012, Mr. Sundahl was appointed by the Secretary of the U.S. Department of Transportation to the Commercial Space Transportation Advisory Committee which advises the Federal Aviation Administration (FAA) on the regulation of private space activity.  In 2013, he was appointed Chair of the COMSTAC’s International Space Policy Working Group.  He was also a member of the UNIDROIT working group charged with drafting the Space Assets Protocol to the Cape Town Convention on International Interests in Mobile Equipment which will create a new international legal regime for the secured finance of satellites and other space assets.  Mr. Sundahl is a member of the International Institute of Space Law (based in Paris) and served as the Institute’s Assistant Executive Secretary from 2010 to 2012.  Since 2005, he has also served as a Director and Vice-President of the Greater Cleveland International Lawyers Group.  Some of his other community involvement include serving as a Mentor, Shaker Launch|House, the Founder, GlobalGateway Lecture Series, Beachwood Chamber of Commerce, and as a Director, Replay for Kids.

Languages:

German, Fluent

Bar Associations: 

Mr. Sundahl is a member in good standing of the American Bar Association, the California Bar Association, and the Cleveland Metropolitan Bar Association.  In 2013 he became Chair of the International Law Section of the Cleveland Metropolitan Bar Association in which capacity he oversaw the integration of the Immigration Section and organized the International Law Section’s 2014 CLE Conference

Admitted to Practice: 

Ohio
California (inactive)

Education:

B.A., UCLA
Ph.D., Brown University
J.D., University of California, Hastings College of the Law

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