Premium Subscriber Q&A: David Kern
In this Q&A with The Texas Lawbook, David Kern discusses the traits he seeks in outside counsel, what outside counsel need to know when working with him and more.
Free Speech, Due Process and Trial by Jury
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 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.
In this Q&A with The Texas Lawbook, David Kern discusses the traits he seeks in outside counsel, what outside counsel need to know when working with him and more.

The multimillion-dollar lawsuits were piling up. Dozens of them, accusing LyondellBasell of “unsafe and hazardous practices” that led to a chemical leak in 2021 at its La Porte facility, causing two deaths and scores of injuries. Legal analysts predicted the Houston-based chemical company would be tagged with damage awards in the billions of dollars. The job of defending LyondellBasell fell to its 65-attorney legal department, led by its longtime general counsel Jeff Kaplan.
The result: 45 cases dismissed on summary judgment, 20 cases settled for nuisance value, three cases settled with funds from indemnitors and fatality case settlements fully reimbursed by the insurance carrier. And Kaplan and Lyondell are the recipients of the 2026 Houston Corporate Counsel Award for Legal Department of the Year.
In this Q&A with The Texas Lawbook, Jeff Kaplan discusses the traits he seeks in outside counsel, what outside counsel need to know when working with him and more.

In the world of oil and gas, Richard McGee has seen it all — and he’s done most of it. As a corporate transactional lawyer for Vinson & Elkins, he represented some of the biggest players in the oil patch, including Enron. In 2001, he joined Duke Energy, first as a lawyer and then as president of its international operations. Houston-based Plains All American hired McGee in 2009 and became its general counsel in 2012. Along the way, he led or was heavily involved in more than 100 M&A transactions totaling in the tens of billions of dollars. This month, he is working to close the $3.8 billion sale of Plains’ natural gas liquids business to Canadian-based Keyera.
The Association of Corporate Counsel’s Houston Chapter and The Texas Lawbook have named McGee as the recipient of the 2026 Houston Corporate Counsel Award for Lifetime Achievement.
In this Q&A with The Texas Lawbook, Richard McGee discusses the traits he seeks in outside counsel, what outside counsel need to know when working with him and more.
Federal courts cannot review President Donald Trump’s executive orders denying security clearance to anyone or any group of people, even if those orders target all Asians or Hispanics, Catholics or Jews, a lawyer for the Trump administration told a federal appeals court Thursday.
“It is not reviewable,” Abhishek Kambli, a lawyer with the U.S. Justice Department, told a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit.
But the attorney for the four law firms argued that President Trump’s EOs targeting them last year had nothing to do with national security, but instead were motivated by viewpoint discrimination.

The court battle between the Trump administration and four corporate law firms, including Houston-based Susman Godfrey, is being argued Thursday at the U.S. Court of Appeals for the D.C. Circuit.
While many legal scholars agree that the likelihood of winning the appeal decisively favors the law firms, the focus will be on appellate Judge Neomi Rao, a conservative jurist, former clerk to Supreme Court Justice Clarence Thomas and champion of the Federalist Society.

Texas Supreme Court Chief Justice James Blacklock has told a Dallas trial judge that she needs to reconsider her standing order requiring mask mandates and disclosure of personal health information before entering her courtroom.

The chief engineer of the Singaporean container ship MV Dali has hired prominent Houston criminal defense attorney David Gerger to represent him against federal charges filed Tuesday involving the ship’s March 2024 crash into the Francis Scott Key Bridge that killed six people and caused billions of dollars in damages.
Products liability and medical malpractice trial lawyer Scott Frenkel has filed a legal challenge against a Dallas judge who continues to require the people in her courtroom to wear Covid-19-era facemasks.
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