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Dallas, Texas
mcalhoun@cbsattorneys.com
214.722.5191 (direct)
214.981.9203 (fax)

Mark A. Calhoun

Of Counsel, Independent Arbitrator, Mediator and
​Business Controversy Solutions Counsel

Attorney, Domestic and International Arbitrator, Mediator, Business Controversy Solutions Counsel and General Business Counsel. Serve as independent director for non-profit institutions and for-profit companies.
 
Work History:  Independent Arbitrator, Mediator and Business Controversy Solutions Counsel 2020-Present; Former Partner of Calhoun, Bhella & Sechrest, LLP, 2014-2020 and currently counsel to the firm; Principal Shareholder Greenberg Traurig, 2008-2013; Complex Arbitration Panel member for   American   Arbitration   Association, International Centre for Dispute Resolution, the ICC and the London Court of International Arbitrators; Distinguished Neutral for CPR (International Institute for Conflict Prevention & Resolution); Equity Shareholder, Winstead (formerly Winstead Sechrest & Minick), 2000-2007; Member of the Firm's Executive and Compensation Committees, Chair   of   the   Recruiting Committee; Founder/Chairman/Managing Shareholder, Calhoun & Stacy, 1974-2000; Associate, Worsham Forsythe & Wooldridge, 1972-1974.
 
Experience:  Broad experience in litigation and alternative dispute resolution as an advocate and as settlement and business controversy solutions counsel, mediator and arbitrator, both domestically and internationally. Represent clients in varied industries including technology, telecommunications, transportation (rail, trucking and aviation), energy, finance, banking, real estate and construction. Serve as counsel advocate and settlement counsel, arbitrator and mediator, confronting a wide spectrum of legal issues including international law, contracts, unfair trade practices, antitrust, partnerships, corporations, franchises, insurance, accounting, zoning and land-use, employment, unfair competition, as well  as construction, real estate, oil and gas, energy, environmental, product and personal injury law.
Energy: Participate on complex case panels as arbitrator and before the ICC, AAA, ICDR and as Distinguished Neutral for CPR in energy disputes. Active in the oil and gas energy industry. Represented public drilling and exploration  companies and operators in contract, tort, and royalty matters. Former outside general counsel and director for a public operating and drilling company, which operated  drilling rigs and developed drilling partnerships with third-party investors. Represented operators as well as mineral interest owners in matters ranging from delayed payment issues, take-or-pay issues, lease interpretation and drilling / oil / gas production contracts. Served on the AAA Energy Panel as an arbitrator in one of AAA's largest pipeline cases.
 
Real Estate, Finance and Banking: Served on the Board of Directors of Texas Commerce Bank, Dallas and as a member of its loan committee. Outside counsel for large, mid-size and small independent lending institutions in matters including loan agreements, regulatory, accounting and finance default, deficiency and collateral issues. Represented construction lenders and construction entities in defect, bond, lien and financing related concerns. Lead trial counsel on numerous large commercial and tort cases including mass tort and class actions, complex arbitrations and trials for national and international clients.
 
Technology: Represented several large technology and telecommunications companies in matters involving product liability, intellectual property and real estate related litigation. Represented two of the largest global telecom companies in land- use issues involving the building of fiber optic transmission systems in railroad rights-of-way. Lead trial counsel in an international dispute for a Fortune 50 technology manufacturing company in opposition to one of the world's largest original equipment manufacturers. The litigation encompassed disputes over parts design, manufacturing processes, product defect claims, a CPSC recall, third party claims and contract issues with claims amounting to more than USD700 million. Arbitrator in numerous cases involving these industries and issues.
 
Transportation: Represented aviation corporations, aircraft owners, and railroad companies in 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, aircraft acquisition, disposition and municipal authority compliance. Represented Part 135 and Part 121 aircraft carriers as counsel and as an arbitrator in matters involving original equipment manufacturers, subcontractors and suppliers in issues related to product and contract matters. For the rail industry, represented Class One Railroads and Railroad Short Lines in litigation, land-use, environmental and contract disputes.
 
Current multi-engine, instrument, commercial, and Learjet type rated pilot. Owner/ Operator of several aircraft.
 
Experience as a Mediator:  Texas was an early leader in mediation. Part of the initial group that founded and trained the original mediators and formed the Texas Association of Attorney Mediators. Many early assignments as a mediator in the late 70’s were court ordered mediations.  Mediated more than 300 matters for a number of years while maintaining an active trial and business practice and continue today as an active mediator.
 
Representative Issues Handled as a Mediator:  Mediated a large number of complex matters involving issues from mass torts and employment to significant multi-party, complex commercial matters concerning corporate and partnership disputes; business disputes between companies, shareholders and partners; energy disputes between operators and between operators with numerous property owners; title, insurance, finance and banking issues between banks and between banks and borrowers.  Also managed matters concerning domestic/international contract disputes involving the rail, aviation and airline industries.
 
Mediation Experience as an Advocate or Party:  With more than 45 years of experience as a trial attorney, almost every case in the past 30 years has involved mediation attempts.  These cases often involved large multi-party complex business and mass tort cases, spanning the fields of energy, real estate, finance/banking, construction, accounting, technology and transportation.
Mediation Philosophy:  There are several overriding principals in a successful mediation. First is the opportunity for the parties to present their position through counsel to the other side.   Second, once the positions are aired and tested by the mediator, is addressing the resolution needs of each of the parties and moving the parties toward a solution as quickly as possible. Third, it is important that the mediator control the process by resisting finality in positions by either party and keeping everyone focused on resolution.
 
Arbitration Experience:  Frequently serve as an arbitrator in complex commercial, energy, contract, trademark, products, aviation, construction, labor and employment and securities cases. Served on the AAA's Complex Case Panels since 1977 and ICDR’s Energy Panel as arbitrator in oil and gas, pipeline, operating agreements, leasehold and handled numerous cases related to the oil and gas industry. Named a Distinguished Neutral member of the CPR (International Institute for Conflict Prevention & Resolution) and served on CPR Panels in Commercial and Energy matters. Serve as settlement counsel in large, complex and commercial trials and arbitrations. Arbitrated more   than   300   commercial   business   and   tort   cases.  
 
In recent years as a settlement and business controversy resolutions counsel, served not only as party advocate in settlement negotiations, but also served on a continuing basis when business relationships between entities utilized mediation to resolve ongoing issues.
 
Alternative Dispute Resolution Training:  ACE20 Cyber Security: A Shared Responsibility, 2020; ICDR/AIPN Dispute Resolution in the International Oil and Gas Business Conference, 2019; AAA ACE19 Case Finances: What Arbitrators Need to Know, 2019; Arbitrator Performance and Demeanor ~ Meeting Participant Expectations, 2018; Advanced Mediator Training Series: Managing the Dynamics of a Multi-Party Case, 2018; AAA-ICDR/ICC/ICSID 34th Annual Joint Colloquium on International Arbitration, 2017; ICDR/AIPN Dispute Resolution in the International Oil & Gas Business Conference, 2016; ICDR International        Symposia in Advanced Case Management Issues, 2017 and 2016; AAA Gamesmanship in Mediation: When Does   Deception   Become   Unethical? 2016; AAA/ICDR/Mediation.org Panel Conference, 2016; ICDR Miami International Arbitration Conference: The Past the Present and the Future, 2016; AAA eDiscovery: Arbitration in a Digital World ACE12, 2015; AAA   The 31st Annual Joint Colloquium, NY, 2014; AAA Managing a Successful Arbitration, 2014; AAA Managing the Arbitration Process for Efficiency & Economy Following the Preliminary Hearing, 2013; London Court of International Arbitration Annual Conference Tylney Hall England, 2009-2013; ICC Institute Masterclass for Arbitrators, 2012; AAA Advanced Mediator Training Series: The Extent (or Limit) of Mediator Influence to Effect Settlement, 2012; AAA Essential Mediation Skills Neutrals Conference - Maximize Efficiency in Dispute Resolution, 2012; AAA What We Have Here is a Failure to Communicate, 2012; AAA Webinar, How to Become a More Innovative Neutral or Advocate: Applying Cutting Edge Innovation Management Techniques to Your ADR Practice, 2012; AAA/ICDR Neutrals Conference, 2012, 2009; 28th ICDR/ICC Joint Colloquium in New York, 2011; AAA Maximizing Efficiency & Economy in Arbitration: Challenges at the Preliminary Hearing, 2011; ICDR 9th Annual Miami International Arbitration Conference: In House Counsel and International Arbitration, 2011; AAA Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics ACE05, 2010; AAA, Efficient ADR - Saving the Client's Money Through Technology and Common Sense, 2010; AAA Faculty, ADR Strategies That Save Time and Money, 2010; Evidence in International Arbitration, The Hague, 2009; ICDR International Symposia in Advanced Case Management Issues, 2007, 2005; ICDR, The International Arbitration's Deliberations and Determinations, 2006; AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards ACE01, 2005, 2004; AAA Neutrals Conference, 2005, 2004; AAA Practical Tips for Dealing with Delay Tactics of Parties and Advocates ACE04, 2005; ICDR Global Dispute Resolution Research Conference, 2004; AAA Arbitrator Update, 2004, 2001; Fourteenth Annual Workshop of the Institute for Transnational Arbitration: Arbitration and the Courts: A Case Study from Latin America, 2003; Nineteenth Joint Colloquium on International Arbitration, 2002; AAA Continuing Legal Education, Annual Transnational Arbitration Workshop, 2002; International Chamber of Commerce Workshop, 2001; AAA Commercial Arbitrator II Training, 2001; AAA Continuing Legal Education, Effective Construction Conflict Management, 2000; AAA Commercial Arbitrator Training, 1998; AAA Panel Retreat, 1997.
 
Professional Associations:  Life Fellow, State Bar of Texas; Life Fellow, Texas Bar Foundation; Life Fellow,  Dallas Bar Association; Institution for Technology Commercial Institution IC2   Board, The University of Texas at Austin (Served as Chairman of the Peer Review Committee for the University of Texas at Austin for IC2; Named, IC2 Fellow, 2008; Rated, AV® Preeminent 5.0 out of 5*; Advisory Board Member); Former Dallas Opera, Board Member; The University of Texas at Dallas Executive Board The University of Texas at Dallas; Former Director of Texas Commerce Bank; Former Director of HLH Petroleum Corporation; Keeton Fellow, The University of Texas School of Law; Advisory Board Member, The Institute for International and Comparative Law; Advisory Board Member, The Institute for Transnational Arbitration; Member, Chartered Institute of International Arbitrators; ICC Panel Member of International Arbitrators; Member, London Court of International Arbitration; Member, American Bar Association (Business Law, Litigation, International Law, Domestic and International Arbitrations, Construction, Public Utilities, Communications, and Transportation Sections); Member, International Bar Association; Member, Association for Conflict Resolution; Member, Association of Attorney Mediators; Member, International Association of Mediators and Arbitrators; Member, Aircraft Owners and Pilots Association, Pilot with multi-engine, instrument and commercial ratings; type rating in Learjets.  Member, The University of The University of Texas at Austin Leadership Council; The Chancellor's Council; The President's Council; Member, International Chamber of Commerce.
 
Publication and Speaking Engagements:  Spoken and written extensively on legal precedent topics related to international and domestic arbitration, business management and law firm administration. Speaker at the 10th Annual Miami International Arbitration Conference: The Greatest Hits, September 9-11, 2012, Session IV: Rapid-Fire Discussion Dispute Resolution Tour of North America; "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, "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 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 Trial 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.
 
Awards and Recognition: Listed, Best Lawyers in America, 2008-2020; Listed, Texas' Best Lawyers, 2009-2020; Selected by Super Lawyers magazine and Texas Super Lawyers magazine, 2003-2005, 2007-2008, 2010-2022; Leading Lawyer in America Corporate Counsel Edition 2008 - 2012; The Outstanding Lawyers of America, 2003.
 
Languages:  English; Italian
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BAR ADMISSIONS
Texas
New York

COURT ADMISSIONS
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)