Biography
A veteran trial attorney and commercial litigator, Mark handles high-stakes litigation in state and federal courts and in arbitration proceedings. Mark has extensive experience in a wide variety of complex litigation matters involving multimillion-dollar contract disputes, mergers and acquisitions, business torts, securities and shareholder litigation, broker-dealer litigation, labor and employment, trade secrets, and professional liability. Mark has also represented clients in Securities and Exchange Commission (“SEC”) enforcement actions and internal investigations.
Mark’s clients include energy companies, financial services entities, healthcare organizations, investment banks, manufacturers, private equity firms, real estate companies, technology companies, and leading business executives and entrepreneurs.
For more than 30 years, Mark has represented his clients with an unyielding commitment to help achieve his clients’ objectives. Mark has tried cases to verdict in jury trials, bench trials and arbitrations.
Outside the Firm
Mark enjoys golf, sports, travel, and spending time with his adult children (and hopefully soon to be grandchildren).
Experience
Contract and Fraud Cases
- Lead counsel for former chief executive officer (“CEO”) of three publicly traded real estate companies who brought claims for breach of an employment contract and for declaratory judgment related to an ownership interest in proceeds from the sale of a billion-dollar real estate portfolio. Following a three-week jury trial, the jury rendered a $22 million verdict in favor of client and rejected a $36 million counterclaim.
- Lead counsel in jury trial for a technology company and its founder/CEO in breach of contract and fraud case related to three written agreements and an alleged fourth agreement comprising e-mail and oral conversations. Plaintiffs sought actual and punitive damages and a multimillion-dollar stock interest in the company. Obtained unanimous defense verdict in favor of clients.
- Lead counsel in jury trial for an international equipment manufacturer in case involving claims of breach of contract and fraud in which the plaintiff alleged damages of $1.3 million. Obtained defense verdict in favor of client.
- Lead counsel for a Hollywood actor, director, and producer in high-profile litigation in Superior Court of Los Angeles County. The case was ancillary to litigation between a motion picture production company and a European film distribution company involving claims of breach of contract and fraud concerning a multi-picture distribution agreement. Case settled following mediation.
- Lead counsel for an investment banking firm in litigation arising from the sale of insurance business. The adverse party brought claims for fraud and breach of fiduciary duty and sought damages of $18 million. Obtained summary judgment and dismissal of all claims against client.
- Lead counsel for individual plaintiffs against a professional services company in case involving claims of breach of contract, fraud, negligent misrepresentation, and deceptive trade practices. Following a two-week jury trial, the jury returned a verdict on all claims in favor of our clients with damages and attorneys’ fees in excess of $1.8 million.
Mergers and Acquisitions Litigation
- Lead counsel for a prominent Dallas entrepreneur and business executive in well-publicized case arising from merger of two public technology companies in which the plaintiff alleged damages of one billion dollars. Obtained summary judgment for client.
- Lead counsel for a Dallas-based private equity firm in suit arising from acquisition of global insurance/reinsurance brokerage organization. Plaintiff sought damages of approximately $15 million based upon alleged value of adverse party’s interest in acquired company. Case settled on terms favorable to client.
- Lead counsel for a regional owner/operator of multiple veterinary hospitals in breach of contract and fraud case arising out of client’s purchase of two veterinary hospitals in North Texas. Claims arose from seller’s breach of representations and warranties in asset purchase agreement relating to accuracy of financial information provided to buyer prior to sale transaction. Seller asserted counterclaim against buyer for breach of contract and fraud. Court dismissed counterclaim in its entirety, and case settled during jury trial.
- Represented sellers of several rehabilitation hospitals in a lawsuit against the buyer in Delaware Chancery Court in which the sellers asserted claims for breach of contract under an asset purchase agreement. Seller sought recovery of four million dollars in damages. Following discovery and mediation, the case settled on terms favorable to the client.
Shareholder and Securities Litigation
- Lead counsel for publicly traded portfolio of a Dallas-based private equity firm in JAMS arbitration involving claims for securities fraud and breach of fiduciary duty against portfolio company and its chairman related to buy-out of division president’s interest in the company 18 months before company went public. After discovery and filing of dispositive motions under Delaware law, the case settled favorably for a fraction of claimant’s pre-arbitration demand.
- Represented a Dallas-based public company and its board of directors in shareholder derivative litigation arising from a one-billion-dollar tender offer. Defeated three applications for injunctive relief, which permitted tender offer to proceed. Also defeated seven-million-dollar claim for attorneys’ fees and forced nuisance value settlement of lead plaintiff’s claims.
- Lead counsel for a minority shareholder in a medical supply company against majority shareholders in breach of fiduciary duty and fraud case. Case settled on terms favorable to client, including buy-out of client’s interest in company.
Arbitration
- Represented a healthcare company against software developer in American Arbitration Association (“AAA”) arbitration involving failed implementation of accounting software. Obtained arbitration award in favor of client.
- Represented a hospital against a Big Four accounting firm in AAA arbitration proceeding involving negligent audits of the hospital resulting in $30 million overstatement of accounts receivable. Obtained arbitration award in favor of client.
- Represented an international securities firm and broker-dealer in Financial Industry Regulatory Authority (“FINRA”) arbitration against a former employee, who acted as financial adviser, in a lawsuit to recover amounts due under forgivable promissory note. Former employee denied liability and counterclaimed for $3.3 million in damages. Arbitration panel awarded client full amount of loan indebtedness and denied the former employee’s counterclaim in its entirety.
Energy & Infrastructure Litigation
- Represented publicly traded energy company in complex negligence case arising from pipeline strike in South Texas that caused $20 million in damages to client’s pipeline, including repair costs and lost profits. Adverse parties included several companies that designed and constructed adjacent pipeline that caused the pipeline strike. Case involved approximately 40 fact witness depositions and 10 expert depositions. Case settled after six years of litigation and one month before trial on terms favorable to client.
Recognitions
- 2016–2025, Commercial Litigation, listed in Best Lawyers in America© (Woodward/White, Inc.)
- 2003–2025, Texas “Super Lawyer” in Business Litigation, listed in Super Lawyers (Thomson Reuters)
- 2014–2019; 2022–2025, “Best Lawyers in Dallas” – Business/Commercial Litigation, listed in D Magazine
- AV Preeminent®, listed by Martindale-Hubbell®
Affiliations
Memberships
- American Board of Trial Advocates
- Texas Bar Foundation
- Dallas Bar Association
- William “Mac” Taylor Inn of Court
Professional Activities
Mark is a member of the American Board of Trial Advocates (“ABOTA”), a Fellow of the Texas Bar Foundation, a Life Fellow of the Dallas Bar Association, and a Master of the William “Mac” Taylor Inn of Court.
Credentials
Admissions
- U.S. District Court - Northern District of Texas
- Texas
- U.S. District Court - Eastern District of Texas
- U.S. District Court - Southern District of Texas
- U.S. District Court - Western District of Texas
- United States Court of Appeals for the District of Columbia Circuit
- United States Court of Appeals for the Fifth Circuit
Education
- University of Oklahoma College of Law, JD
- The University of Texas at Austin, BBA
