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The Texas Lawbook

Free Speech, Due Process and Trial by Jury

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Mark Curriden

Mark Curriden is a lawyer/journalist and founder of The Texas Lawbook. In addition, he is a contributing legal correspondent for The Dallas Morning News.

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Mark Curriden

Mark Curriden is a lawyer/journalist and founder of The Texas Lawbook. In addition, he is a contributing legal correspondent for The Dallas Morning News.

Mark is the author of the best selling book Contempt of Court: A Turn-of-the-Century Lynching That Launched a Hundred Years of Federalism. The book received the American Bar Association’s Silver Gavel Award and numerous other honors. He also is a frequent lecturer at bar associations, law firm retreats, judicial conferences and other events. His CLE presentations have been approved for ethics credit in nearly every state.

From 1988 to 1994, Mark was the legal affairs writer for the Atlanta Journal-Constitution, where he covered the Georgia Supreme Court and the U.S. Court of Appeals for the Eleventh Circuit. He authored a three-part series of articles that exposed rampant use of drug dealers and criminals turned paid informants by local and federal law enforcement authorities, which led to Congressional oversight hearings. A related series of articles by Mark contributed to a wrongly convicted death row inmate being freed.

The Dallas Morning News made Mark its national legal affairs writer in 1996. For more than six years, Mark wrote extensively about the tobacco litigation, alleged price-fixing in the pharmaceutical industry, the Exxon Valdez litigation, and more than 25 cases before the Supreme Court of the United States. Mark also authored a highly-acclaimed 16-part series on the future of the American jury system. As part of his extensive coverage of the tobacco litigation, Mark unearthed confidential documents and evidence showing that the then Texas Attorney General, Dan Morales, had made a secret deal with a long-time lawyer and friend in which the friend would have profited hundreds of millions of dollars from the tobacco settlement. As a direct result of Mark’s articles, the U.S. Department of Justice opened a criminal investigation, which led to the indictment and conviction of Mr. Morales.

For the past 25 years, Mark has been a senior contributing writer for the ABA Journal, which is the nation’s largest legal publication. His articles have been on the cover of the magazine more than a dozen times. He has received scores of honors for his legal writing, including the American Bar Association’s Silver Gavel Award, the American Judicature Society’s Toni House Award, the American Trial Lawyer’s Amicus Award, and the Chicago Press Club’s Headliner Award. Twice, in 2001 and 2005, the American Board of Trial Advocates named Mark its “Journalist of the Year.”

From 2002 to 2010, Mark was the senior communications counsel at Vinson & Elkins, a 750-lawyer global law firm.

Mark’s book, Contempt of Court, tells the story of Ed Johnson, a young black man from Chattanooga, Tenn., in 1906. Johnson was falsely accused of rape, railroaded through the criminal justice system, found guilty and sentenced to death – all in three weeks. Two African-American lawyers stepped forward to represent Johnson on appeal. In doing so, they filed one of the first federal habeas petitions ever attempted in a state criminal case. The lawyers convinced the Supreme Court of the United States to stay Johnson’s execution. But before they could have him released, a lynch mob, aided by the sheriff and his deputies, lynched Johnson. Angered, the Supreme Court ordered the arrest of the sheriff and leaders of the mob, charging them with contempt of the Supreme Court. It is the only time in U.S. history that the Supreme Court conducted a criminal trial.

You can reach Mark at mark.curriden@texaslawbook.net or 214.232.6783.

Legal Fees Hitting $2K an Hour in J&J’s Talc Powder Bankruptcy

The Johnson & Johnson talc powder bankruptcy filing in Houston is less than a month old, but new documents filed Sunday in the case show that it is going to be highly profitable for the lawyers and law firms involved. Over the past three days, lawyers for Jones Day, Porter Hedges, King & Spalding, Skadden Arps, Shook Hardy & Bacon and McCarter & English have filed their official applications to represent Red River Talc, the J&J subsidiary. Jones Day's Dallas office is the biggest financial beneficiary.

October 21, 2024 Mark Curriden

Apache Names David Bernal New VP of Legal

Bernal succeeds long-time general counsel Anthony Lannie, who retired.

October 18, 2024 Mark Curriden

Pedernales Electric Coop Names New GC

A long-time energy industry lawyer with extensive experience practicing before the Texas Public Utility Commission and the Federal Energy Regulatory Commission has been named the new general counsel at Johnson City-based Pedernales Electric Cooperative.

October 18, 2024 Mark Curriden

P.S. — Bankruptcy Judge Harlin Hale, Craig Glidden, Martha Hofmeister Honored, DFW Corporate Counsel Award Nominations Open

The Association of Corporate Counsel’s DFW Chapter and The Texas Lawbook are now accepting nominations for the 2024 DFW Corporate Counsel Awards, including nominations for Achievement in Pro Bono and Public Service and Achievement in Diversity and Inclusion. In the news this week, the American Bar Association honors former LyondellBasell GC Craig Glidden, and the Federal Bar Association recognizes Dallas lawyer Martha Hardwick Hofmeister for outstanding leadership. On Thursday, the Dallas Bar Foundation presented retired NDTX Bankruptcy Judge Harlin Hale with the Justinian Award.

Plus, The Lawbook thanks Sempra Energy Chief Risk Management and Compliance Officer Carolyn Aiman and Shell USA Head of Legal Travis Torrence for donations to the Texas Lawbook Foundation to support our coverage of pro bono, public service and diversity in the legal profession.

Editor's note: The Lawbook misspelled Judge Hale's first name in earlier editions. We apologize for the error.

October 17, 2024 Mark Curriden

SCOTUS Vacates Fifth Circuit Opinion in Citizen Journalist Case

The U.S. Court of Appeals for the Fifth Circuit’s win-loss record in cases reviewed by the U.S. Supreme Court is already in the red and it is only mid-October. The Supreme Court has vacated the Fifth Circuit opinion written by appellate Judge Edith Jones earlier this year that held that Laredo law enforcement officers who arrested a citizen-journalist in 2017 for asking for information deemed non-public cannot be sued for violating the First Amendment rights of the reporter because the officers have qualified immunity.

October 16, 2024 Mark Curriden

Secret Courthouse Romance, Ethics Investigations, Tens of Millions in Legal Fees: The SDTX Bankruptcy Scandal One Year Later

Houston Bankruptcy Judge David Jones’ voice was filled with emotion one year ago today in an interview with The Texas Lawbook. “I don’t know. I don’t know. I don’t know what is going to happen next. I just don’t know. I guess I have to resign.”

The Fifth Circuit had just published notice that it was investigating possible misconduct by Judge Jones over allegations that he had been involved in a multiyear secret romance with a former bankruptcy partner at Jackson Walker. The firm had been paid more than $20 million — fees often approved by Judge Jones — for its role in dozens of high-profile bankruptcies in which Jones served as judge or mediator. Jones officially resigned Oct. 15, 2023. The 365 days since have been pure chaos in the Houston bankruptcy courts, which is one of the three busiest courts in the nation for business bankruptcies.

“The whole thing is a mess, a complete fiasco,” said former UNT Dallas law dean Royal Furgeson. In a first-ever detailed timeline of the events of the past year and several years prior, The Lawbook documents a scandal about romance, secrecy, tens of millions of dollars in legal fees and ethical lapses that have engulfed the bankruptcy courts in Houston.

October 14, 2024 Mark Curriden

Lawyer for Foster Care Children Will Appeal Fifth Circuit Rejection

The lead lawyer for tens of thousands of foster care children in Texas said Sunday that he will appeal a decision handed down Friday by a federal appeals court removing the federal judge who has overseen the litigation for 13 years and whose orders have forced Texas officials to greatly improve how they investigate accusations of abuse in the state’s foster care system.

Houston trial lawyer Paul Yetter told The Texas Lawbook in an interview Sunday that he believes the opinion by the three-judge panel of the U.S. Court of Appeals for the Fifth Circuit focuses too much on procedure and not enough on specific evidence involving dozens of mentally challenged and disabled children in the foster care system who remain in serious danger because of the lack of attention from Texas officials.

October 13, 2024 Mark Curriden

Fifth Circuit Reverses Sanctions Against Texas in Foster Care Case, Removes Trial Judge

A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit in a decision issued late Friday blasted the federal trial judge overseeing the litigation over the allegedly disgraceful conditions of the Texas foster care system for telling lawyers for the state of Texas that “doesn’t hurt” for state officials to “go over and above the minimum standards for protecting Texas children. The federal appeals court panel said that U.S. District Judge Janis Jack has made courtroom remarks that “implied bias” that “raise serious questions concerning … the appearance of justice.”

October 12, 2024 Mark Curriden

P.S. — ADL Honors Reasoners, Dallas Hispanic Bar Gala, Inns of Court Recognizes Gray Reed Partner

Two years ago, The Texas Lawbook created the full-time pro bono, public service and diversity writer position with a carrot-and-stick approach: Highlight the successes of Texas lawyers in these three critical areas to hopefully encourage others to do the same and to provide data and analysis about where lawyers and firms are falling short. To be sure, the sticks are being sharpened to address failures. But today, we have three successes to highlight.

October 11, 2024 Mark Curriden

J&J Bankruptcy to Stay in Texas

U.S. Bankruptcy Judge Christopher Lopez said Thursday that he is keeping a Johnson & Johnson-related bankruptcy in Texas and not transferring the case back to New Jersey where J&J is headquartered.

October 10, 2024 Mark Curriden

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Features

  • P.S. — Law Firms Feed Minds and Meals  - In this week’s column, Gray Reed honors the legacy of James “Jim” McGraw, a founding partner and a beloved University of Houston Law Center alumnus, through the firm’s creation of a $50,000 endowed scholarship. We also spotlight volunteers from Greenberg Traurig’s Dallas office who packed over 100,000 meals to help feed children in Haiti. Also, the Texas Access to Justice Commission has announced this year’s Deborah G. Hankinson Award winners, recognizing local bar and young lawyer organizations for their commitment to expanding access to justice. Finally, Spanish-speaking lawyers or assistants are sought for a Houston volunteer opportunity and tickets and sponsorships are still available for a Casino Night benefitting the San Antonio Legal Services Association. August 22, 2025Krista Torralva & Elle Grinnell
  • My Five Favorite Books: Dana Collins (Litigation Counsel at Raytheon) - My list starts with a professional read for every attorney or negotiator and finishes with Ron Chernow's telling of President Ulysses S. Grant's unique genius, powered by his astounding 20-cigar-a-day habit.

    Editor’s note: The Texas Lawbook is pleased to offer this new column in partnership with Texas-based Half Price Books sharing our readers’ favorite reads.
    August 20, 2025Dana Collins

GCs, Lawyers & Firms

  • Gray Reed Continues C-Suite Expansion - Brandon Meek has joined the 150-lawyer firm as chief marketing officer. The move is Gray Reed's second C-suite addition this summer.
  • Munsch Hardt’s Summer Surge: New Faces, New Practices
  • Healthcare Deal Pro Joins Wick Phillips
  • Clark Hill Adds Estate Planning Pro
  • Bradley Adds Another Partner in Dallas
  • Dykema in Dallas Snags Two More Veteran U.S. Prosecutors
  • Husch Blackwell Names Erin Banks Chief Business Development Officer
  • Womble Adds Construction Pro in Houston
  • Brandy Treadway Appointed CLO of Academy Sports and Outdoors
  • Bell Nunnally Bolsters IP Practice with Cheryl Leb
More GCs, Lawyers & Firms

Lawyers in the News

Hover right to see full list

Barry Barnett
Wes Bearden
Emily Westridge Black
Michael Burke
Alicia Campbell
John Campbell
Madeleine Carpenter
Alexander Clark
Dawn Pittman Collins
Richard Finneran
Elizabeth Freeman
David Gail
Elizabeth Gibson
David Jones
Frank Lopez
Abbe Lowell
Neal Manne
Billy Marsh
Tom Melsheimer
Tasha Moser
Justin Nelson
Reed O'Connor
Kate Pennartz
John “J.” Pieratt
Danielle Reyes
Christopher Richardson
Randy Sorrels
Harry Susman
Larry Vincent
Victor Vital
Brent Walker
Matt Weybrecht
Melody Wilkinson
Alex Wolens

Firms in the News

Hover right to show full list

A&O Shearman
Bryan Cave
Cozen O'Connor
Haynes Boone
Holland & Knight
Jackson Walker
King & Spalding
Kirkland & Ellis
Law Office of Liz Freeman
Paul Hastings
Porter Hedges
Sorrels Law
Susman Godfrey
Toyota
Troutman Pepper Locke
Willkie
Vinson & Elkins
Weil
Winston & Strawn

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