Mark Calhoun has focused his legal career on civil litigation and domestic and international arbitration. He has a broad base of experience in several industries, including technology, real estate, energy, telecommunications, aviation, transportation, and finance. Mark has tried over 35 cases, of which half were jury trials.
Mark possesses wide-ranging experience in litigation and alternative dispute resolution as an advocate and as a settlement counsel, mediator and arbitrator, both domestically and internationally. His background aids in helping clients reach strategic solutions to complex problems, especially when industry knowledge is paramount.
Apart from his practice, Mark has been very active in the business side of both the legal industry and non-legal businesses. He serves as director of for-profit and not for-profit companies and sits as an arbitrator in complex domestic and international arbitrations. He also founded and ran, for 28 years, the Texas-based firm, Calhoun Stacy, which merged into Winstead. Mark was a principal partner at Greenberg Traurig before joining Calhoun, Bhella & Sechrest, LLP in 2014. Mark is also Chairman of the Board of the Institute for Creative Capitalism in Austin, Texas, and on the advisory board of The University of Texas at Dallas.
Areas of Concentration
- Commercial litigation
- Domestic and international arbitrations
- Aviation and rail
- Banking, real estate and finance
- Transportation: representation of aviation and railroad companies in both business and litigation matters, including real estate and land use, labor and employment, regulatory/government relations, mass tort, product liability, leasing and finance, FAA regulatory matters, airport development and compliance.
- Technology: representation of major technology companies and telecommunications companies which encompasses matters involving products, intellectual property, real estate and land use-related litigation.°
- Energy: participated on complex case panels as an arbitrator and before the courts, ICC, AAA, and ICDR for energy matters and has been active in the oil and gas energy industry representing public drilling and exploration companies and operators in contract, tort, and royalty cases.
- Litigation and ADR: handled matters related to intellectual property, unfair trade practices, insurance, partnerships, contracts, corporations, franchises, zoning and land use, employment and competition, banking, construction, real estate, energy, environmental, product liability and recalls and personal injury. Serves as an arbitrator, mediator and settlement counsel in large complex domestic and international trials and arbitrations in commercial, energy, intellectual property, telecommunications, and mass tort cases.
Transactions and Cases
- Represented a Fortune 50 electronics manufacturing company in a component failure matter involving a massive product recall and litigation involving original equipment manufacturers and other component makers.
- Represented a class one railroad company in a contract dispute between it and another class one railroad company regarding contract liability issues.
- Represented an Internet company agent and competitor in a theft of trade secrets case.
- Represented a large Internet-based marketing company in a theft of trade secrets and corporate employee raid matter resulting in obtaining injunctions and damages.
- Represented large REIT in condemnations proceedings involving takings by shopping centers to be up for the development of a large new highway infrastructure project.
- Represented numerous technology companies as lead counsel in patent litigation matters filed in East Texas Federal Courts.
- Represented large REIT in several litigation matters regarding the breaches of general partners on development projects.
- Represented the largest short line railroad in the United States in litigation involving contract termination and breach of claims. This litigation involved a short line railroad acquired by our client to serve as one of the major ocean ports. We prevailed in allowing a continuation of the port agreements with the acquired railroad and the Port Authority.
- Represented a class one railroad in one of the largest mass tort and environmental matters involving several thousand plaintiffs. The cases involved two class action certification hearings, numerous hearings in both federal and state court, two appeals to the U.S. Circuit Court of Appeals, and finally, a consolidation of 14 separate lawsuits into one forum. From a demand of $500,000,000.00, this case was eventually settled for less than $9,000,000.00.
- Represented a major independent movie producer in a movie distribution case involving national and international distribution rights resulting in a favorable settlement of the dispute.
- Represented a major independent oil and gas company in a contract case involving misrepresentations of field operating conditions and reserves resulting in a favorable unwinding of the purchase contract.
- Represented a major competitive long distance carrier and a class one railroad in a dispute over the permitted uses of fiber optics in railroad right-of-way resulting in a seminal opinion regarding users of railroad right-of-way for fiber optic joint ventures, prevailing at summary judgment and sustaining that judgment on appeal.
Professional and Community Involvement
- Life Fellow, State Bar of Texas (Litigation, Aviation and Banking Sections)
- Life Fellow, Texas Bar Foundation
- Life Fellow, Dallas Bar Association
- Member, American Bar Association (Business Law, Litigation, International Law, Construction, Public Utilities, Communications and Transportation Sections)
- Member, International Bar Association
- Complex Panel Member, American Arbitration Association
- Panel Member, International Centre for Dispute Resolution
- Member, Association for Conflict Resolution
- Advisory Board Member, The Institute for International and Comparative Law
- Advisory Board Member, The Institute for Transnational Arbitration
- Member, Association of Attorney Mediators
- Member, Chartered Institute of International Arbitrators
- Member, International Association of Mediators and Arbitrators
- ICC Panel Member of International Arbitrators
- Member, London Court of International Arbitration
- Member, Aircraft Owners and Pilots Association, Pilot with multi-engine, instrument and command ratings
- Executive Committee, National Association of Railroad Trial Counsel (NARTC) Southwest Pacific Regions
- Keeton Fellow, The University of Texas School of Law
- Member, The University of Texas at Austin Leadership Council (The Chancellor's Council and The President's Council)
- Member, International Chamber of Commerce
- Chairman of the Board, IC2 Institute at The University of Texas at Austin
- Advisory Board Member, The Dallas Opera
- Advisory Board Member, The University of Texas at Dallas
- Technology Commercialization and Development Committees
- Former Director, Texas Commerce Bank
- Former Director, HLH Petroleum Corporation
Awards and Recognition
- Listed, The Best Lawyers in America, International Arbitration - Commercial; Railroad Law, 2008-2014
- Listed, Super Lawyers magazine, Texas Super Lawyers, 2003-2005, 2007-2008, 2010-2015
- Listed, Super Lawyers magazine, Corporate Counsel (Business Edition), International Issue, 2009
- Listed, Super Lawyers magazine, Corporate Counsel (Business Edition), 2008-2009
- Listed, Texas' Best Lawyers, 2009 and 2011
- The Outstanding Lawyers of America, 2003
- Who's Who in Litigation, Dallas Business Journal, 1993
- IC2 Chairman of the Board, The University of Texas at Austin
- Named, IC2 Fellow, 2008
- Rated, AV Preeminent 5.0 out of 5
Articles, Publications and Lectures
- Speaker, "Cost of Arbitration: Speed, Economy and Justice," American Arbitration Association, Dallas, Texas, 2010
- Speaker, “Two Big Ticket Items (That Don’t Have to Be)”, AAA/ICDR Conference, San Antonio, Texas, 2010
- Speaker, "Complex Arbitration Issues 2010," American Arbitration Association Symposium, San Antonio, Texas, 2010
- Speaker, "23 U.S.C. 409 after Pierce Country - Revisiting the Sword/Shield Debate," National Association of Railroad Trial Counsel Winter Conference, 2004
- Speaker, "Arbitration: Back in Vogue," Forum: State Bar of Texas Advanced Civil Litigation Conference, 2001
- Speaker, "New Issues Arising From Telecommunications Facilities in Railroad Right-of-Way," Forum: Law Seminars International 4th Annual Local Telecommunications Infrastructure Conference, 2001
- Speaker, "Local Franchise Issues: The Carrier's Perspective," Forum: Law Seminars International 4th Annual Local Telecommunications Infrastructure Conference, 2001
- Speaker, "The Price of Progress: Defending Lawsuits Brought Against Railroads and Telecommunication Companies That Contract to Allow Installation of Fiber Optic Cable in Railroad Right-of-Way," 2001
- Speaker, "Liability for Home-Built Aircraft," Forum: Southern Methodist University Air Law Symposium, 2000
- Speaker, "Local Franchise Issues: Effective Negotiation Techniques," Forum: Law Seminars International, 1999
- Speaker, "The United States Position on the Transboundary Movement of Hazardous Waste," Forum: Gathering of industry leads and attorneys practicing in the transportation industry in Europe (Basel, France), 1998
- Speaker, "Grasping Gottshall: Be There or Be Square," Forum: Texas Association of Railroad Trail Counsel, 17th Annual Meeting, 1996
- Speaker, "A New Challenge: Defending the Railroads Against Homeowners, Environmental Injury Lawsuits," Forum: the Chronicle, National Association of Railroad Trial Counsel, 1995
- Speaker, "Designing and Implementing Effective Compensation Systems for Today's Law Firm," Forum: Professional Development Institute, 1995
- Speaker, "The Managing Partner's Expectations of the Firm Administrator," Forum: Dallas Association of Legal Administrators, 1995
- Speaker, "American with Disabilities Act: It Does Affect Your Business," Forum: Today's CPA, 1994
- Speaker, "Positioning the Firm for Success: Strategic Planning in the Small and Mid-size Firm," Forum: State Bar of Texas, 1993
- Speaker, "Making the Pitch for New Business," Forum: American Bar Association Section of Law Practice Management and National Association of Law Firm Marketers, 1992
- J.D., The University of Texas School of Law, 1972
- B.B.A., The University of Texas at Austin, 1969
- New York
- U.S. Court of Appeals for the Fifth Circuit
- U.S. Court of Appeals for the Second Circuit
- U.S. Bankruptcy Court for the Northern District of Texas
- U.S. Bankruptcy Court for the Southern District of Texas
- U.S. District Court for the Eastern District of Texas
- U.S. District Court for the Western District of Texas
- Supreme Court of the United States