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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.

Texas Experts: SCOTUS’ Jarkesy Decision to Have Limited Impact on SEC Enforcement 

The U.S. Supreme Court’s decision Thursday that defendants in fraud cases have the right to a civil jury trial in cases in which the U.S. Securities and Exchange Commission seeks financial penalties appears to be broad and sweeping but may have only minimal impact on SEC enforcement actions. But legal experts say that the decision could have a significant impact on settlements with the SEC. The SEC’s case against George Jarkesy, a Texas hedge fund manager and conservative radio talk show host, dates back to 2013 when the government claims that Jarkesy defrauded investors by falsely leading them to believe that KPMG was auditing two funds he launched. The SEC brought their case in an administrative proceeding before an SEC-appointed ALJ. The SEC hit Jarkesy and a co-defendant with $300,000 in penalties and ordered Jarkesy’s fund, Patriot28, to disgorge about $685,000 in ill-gotten gains.

Also, click here to see the list of Fifth Circuit cases handled by the Supreme Court this term.

June 27, 2024 Mark Curriden

McKool Smith Announces Summer Bonuses

Litigation boutique McKool Smith kicked off the 2024 summer battle for talent this week by announcing four- and five-digit bonuses to its lawyers who have worked the most time on client matters.

June 21, 2024 Mark Curriden

A&O Shearman: Texas is Strategic to New Firm’s Success

The 800 partners of the newly merged firm A&O Shearman recently conducted their first partner retreat in Denmark but a big part of their focus was 5,180 miles away on their practices in Houston, Dallas and Austin. The 3,900-lawyer corporate firm, the result of Allen & Overy and Shearman & Sterling combining, has 64 attorneys in Texas, but its leaders tell The Texas Lawbook major additions are planned.

“We are less than two months into this new firm, but the growth opportunities we see now are significantly larger than the opportunities for growth we saw before,” said Bill Nelson, managing partner of the Texas region for A&O Shearman and a capital markets partner in the firm’s Houston office.

June 20, 2024 Mark Curriden

Akin Partners Elect New Firmwide Co-Chairs

Akin Gump, a 900-attorney corporate law firm founded in Dallas in 1945 by Robert Strauss and Richard Gump, announced Tuesday that it has elected a partner in New York and a partner in London to take over the firm’s leadership in 2025.

June 18, 2024 Mark Curriden

Paul Hastings Continues Its Texas Expansion

Paul Hastings announced Tuesday that Vinson & Elkins litigation partner Manuel Berrelez has joined the firm’s Dallas office as a partner. Since September, Paul Hastings has more than doubled its presence in Texas — growing from about two dozen lawyers to about 65, including eight corporate finance partners from V&E who joined in March. At the same time, the firm officially announced that it had opened an office in Dallas.

June 18, 2024 Mark Curriden

Court Rejects Billion-Dollar Legal Challenge to PUC Rates During Winter Storm Uri

Legal efforts by some of the largest energy companies in Texas to force the Texas Public Utility Commission to reprice the record-high electricity rates it charged during Winter Storm Uri three years ago were flatly rejected Friday by a unanimous Texas Supreme Court. The state’s highest court ruled that the PUC did not exceed its legal authority in February 2021 when it ignored market competition to set electric rates at $9,000 per megawatt-hour because the Texas grid faced an emergency crisis and possible collapse “that would have plunged the state into darkness for weeks, maybe months.”

The unanimous 30-page opinion reverses the decision of the Austin court of appeals in 2023 that the PUC overstepped its legal authority by ignoring integrated market competitive procedures and instead manually set electric rates during the four days of Winter Storm Uri.

June 14, 2024 Mark Curriden

Exxon Mobil Names Former Fox Lawyer as New GC

Following its pattern of promoting former top federal prosecutors and regulators to leading corporate positions, Exxon Mobil announced Wednesday that former Fox Corporation general counsel and former U.S. attorney for the District of Columbia, Jeff Taylor, will be the energy giant’s next top lawyer. Exxon Mobil announced Wednesday that Craig Morford, also a former federal prosecutor who has been the company’s general counsel since 2020, will retire on July 1 and that Taylor will be his replacement.

June 12, 2024 Mark Curriden

Houston Trial Lawyer Opens Texas Office for Boston-Founded Firm

A co-founding partner at Schiffer Hicks Johnson has left his firm to start the first Texas office of Brown Rudnick in Houston.

June 3, 2024 Mark Curriden

Expert: SEC’s Texas Office ‘Will Remain Very Active and Aggressive’ in 2024

With U.S. Securities and Exchange Commission Regional Director Eric Werner and his new leadership team in place, the SEC will likely remain aggressive in bringing enforcement actions regarding traditional oil and gas offering fraud cases, large public company matters, market manipulation cases and Foreign Corrupt Practices Act matters, according to former SEC senior counsel for enforcement Rebecca Fike, who is now a partner at Vinson & Elkins.

This coming Wednesday in Houston, Fike is moderating a CLE program that includes Werner, who heads the Fort Worth office, and former SEC associate director Jessica Magee, who is now a partner at Holland Knight. The Texas Lawbook CLE will hosted by V&E and Holland & Knight. Texas Lawbook subscribers and members of the Association of Corporate Counsel’s Houston and DFW Chapters are welcome to attend in person in Houston or via a webcast. In advance of Wednesday’s CLE, Fike gave an interview to The Texas Lawbook.

May 30, 2024 Mark Curriden

Gibson Dunn’s Back-to-Back Years of Record Growth in Texas

Gibson Dunn faced a strategic crisis in late 2010: Firm leaders had serious doubts about the viability of its Texas operation. Shuttering the Dallas office was a real possibility. And then, the Texas law gods smiled upon the LA-founded corporate law firm. More than a dozen years since, Gibson Dunn has sextupled the number of lawyers it has in Texas and increased revenues from those Texas attorneys by 10 times.

During the past two years, the firm has been on a Texas-sized hiring spree — growing from 117 attorneys to 179. This year, the firm is expecting its largest class of Texas summer associates and its largest class of first-year hires. Revenues and profits have soared. This is the story about how it happened.

May 29, 2024 Mark Curriden

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Features

  • Juneteenth Reading Recommendations from Half Price Books - The Texas Lawbook is pleased to begin a new partnership with Half Price Books. Stay tuned for a regular HPB branded column featuring Texas Lawbook subscribers' favorite reads. Here, the HPB team highlights four books about Juneteenth on the fourth anniversary of it becoming a federal holiday. June 19, 2025Emily Bruce
  • Leading Texas Lawyers Share Reflections for Commemorating Juneteenth - The Texas Lawbook asked top Black Texas lawyers how they commemorate Juneteenth and/or how they recommend their industry colleagues honor its significance. From visiting historic sites to engaging with insightful literature, here are some of their personal reflections and recommendations. June 18, 2025Krista Torralva & Mark Curriden

GCs, Lawyers & Firms

  • Houston Texans Associate GC Jumps to Munsch Hardt - After five years in-house with the NFL franchise, Sunil Jamal is returning to private practice to lead Munsch Hardt’s newly formed Sports + Entertainment Practice.
  • Gray Reed Hires Longtime Houston Exec to Lead Operations and Growth
  • Sorrels Law Adds Trial, Appellate Partner in Dallas
  • Holland & Knight’s Recent Lateral Partner Additions Strengthen RE, Financial Services Offerings
  • Rice Taps Munck Wilson Attorney to be Associate Athletic Director
  • Veteran Energy Lawyer Christopher Richardson to join Paul Hastings
  • Troutman Pepper Locke Snags Two Key Houston PE Partners
  • Jackson Walker Hires Bracewell Partner to Lead Appellate Group
  • Husch Blackwell Hires Veteran Real Estate Partner in Dallas
  • Bracewell Partner Becomes Shareholder in Greenberg Traurig’s Houston, New York Offices
More GCs, Lawyers & Firms

Lawyers in the News

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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

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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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