Mark A. Calhoun – Experienced Civil Litigation Attorney

Partner​

Mark’s practice focuses on civil litigation and domestic and international arbitration. He has over 40 years of experience litigating complex, “bet-the-company” cases across various industries, including technology, real estate, energy, telecommunications, aviation, transportation, and finance. Unlike other “litigators”, Mark has tried nearly 40 cases to verdict.

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 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 routinely sits as an arbitrator in complex domestic and international arbitrations. 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.

Mark founded the law firm of Calhoun Stacy and practiced there for 28 years until it merged with Winstead, a large, Texas-based law firm. He joined Calhoun, Bhella & Sechrest in 2014.

REPRESENTATIVE EXPERIENCE

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 & 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

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

PUBLISHED WORKS & SPEAKING ENGAGEMENTS

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

BAR ADMISSIONS

Texas
New York
U.S. Bankruptcy Court, Northern District of Texas
U.S. Bankruptcy Court, Southern District of Texas
U.S. District Court, Eastern District of Texas
U.S. Court of Appeals, Second Circuit
U.S. Court of Appeals, Fifth Circuit
Supreme Court of the United States of America

EDUCATION

B.B.A., The University of Texas at Austin (1969)
J.D.,  The University of Texas School of Law (1972)