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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.

Austin Jury Hits Meta with $174M Patent Infringement Verdict

A federal jury in Austin slapped Facebook and Instagram and its parent, Meta Platforms with a $174.5 million verdict Wednesday, finding that the social media giant infringed on patented technology developed by messaging app maker Voxer. The case is a win for law firms Quinn Emanual and Mann Tindel Thompson.

September 21, 2022 Mark Curriden

Federal Judge: Securities Class Action Against Apache Over ‘Alpine High’ to Move Forward

Lawyers for Houston-based Apache Corp. failed to convince a federal judge to toss out a proposed securities class action claiming that company leaders misled investors about an announcement in 2016 of “transformational discovery” of a West Texas shale play called Alpine High. A magistrate in Houston has recommended that the case move forward because the plaintiffs’ complaint is sufficiently detailed and specific in its allegations that company officials knew the information they made public in 2016 was “materially false.”

September 19, 2022 Mark Curriden

Fifth Circuit Upholds Texas Social Media Law Against Facebook, Twitter

A federal appeals court panel, in a 2-1 decision Friday, upheld the Texas law that prohibited large social media companies, such as Twitter, Facebook and YouTube, from deleting a user’s comments and content even if the media platforms believe the content is harmful or extreme. A three-judge panel of the Fifth Circuit ruled the 2021 law, known as HB 20, “chills no speech whatsoever. To the extent it chills anything, it chills censorship.” The dissent said the U.S. Supreme Court will have the last word.

September 16, 2022 Mark Curriden

Bankruptcy Judge ‘Conditionally Approves’ Brazos Disclosure Agreement After Intense Hearing

Over the objection of a single power generator and distributor, U.S. Bankruptcy Chief Judge David Jones of Houston gave “conditional approval” of a multibillion-dollar preliminary settlement agreement – aka a “disclosure statement” – in the Brazos Electric Power Cooperative bankruptcy case. The 74-minute hearing was intense at times because of an exchange with a lawyer for South Texas Electric Coop, but Judge Jones said Brazos’ “very complicated” 172-page proposed agreement “strikes a very nice balance.”

September 14, 2022 Mark Curriden

Brazos Electric Bankruptcy Heads to Finish Line

Brazos Electric Power Cooperative is expected to file a final plan within days with a Houston judge that will map the Central Texas power supplier’s road out of bankruptcy and toward financial stability, according to lawyers involved in the litigation. The proposed plan reduces the amount that Waco-based Brazos owes ERCOT by hundreds of millions of dollars, requires Brazos to sell three of its power plants, creates a fund for low-income residents struggling with high electric bills and raises more than $1.5 billion in financing, according to court documents filed in the case.

September 8, 2022 Mark Curriden

Cineworld Hires Kirkland, Jackson Walker, Alix Partners for Chapter 11

The UK-based movie theater chain has filed for bankruptcy protection in the Southern District of Texas. The case has been assigned to Bankruptcy Judge Marvin Isgur in Houston.

September 7, 2022 Mark Curriden

Fifth Circuit Judge Joins Gibson Dunn

Federal appellate judges almost never resign; and they never ever go back to practicing law. Gregg Costa, the Houston federal prosecutor who sent billionaire financial fraudster Allen Stanford to prison in 2012 and then was appointed to the U.S. Court of Appeals for the Fifth Circuit by President Obama, is doing both. Costa is giving up his black robe and the lifetime job security of a federal judgeship to join the Houston office of Gibson Dunn as co-lead of the firm’s global litigation and trial practice.

Costa is moving his Houston office seven blocks. His new Gibson Dunn office at is about one-tenth the size of his 3,000-square-foot suite at the federal courthouse, but he is getting a bit of a compensation boost. The Texas Lawbook talked with Costa exclusively and has the details.

September 6, 2022 Mark Curriden

Texas Supreme Court Accepts ERCOT’s Appeal over Immunity

The Supreme Court of Texas agreed late Friday to hear the two cases brought by electric power companies against the Electric Reliability Council of Texas that involved billions of dollars individually and could impact tens of billions of dollars at stake in thousands of lawsuits related to Winter Storm Uri. The two cases, which are unrelated to each other, are likely to be argued jointly because the same questions are at the heart of both matters: Is ERCOT a division of state government and is it immune from civil lawsuits?

September 6, 2022 Mark Curriden

Fifth Circuit Judge Gregg Costa’s Exit Interview: ‘A Monumental Loss’ for the Courts

As Gregg Costa neared graduation at Dartmouth College in 1994, he faced a choice: Follow his dream and go directly to law school or take a couple gap years and get a job. He chose the latter. The decision changed his life forever. Last week, Costa stepped down as a judge on the U.S. Court of Appeals for the Fifth Circuit to return to private practice, stunning nearly everyone in the legal community and left lawyers and judges asking why a 50-year-old just one step away from the U.S. Supreme Court would give up a lifetime appointment.

In an exclusive interview with The Texas Lawbook, Costa said there were a handful of reasons. At 50, he believed he needed a change. The makeup of the Fifth Circuit left the more moderate Costa in the minority on issue after issue. But Costa’s decision to leave the Fifth Circuit – like many of his biggest career choices – can be traced back to Sunflower, Mississippi, an impoverished town of 1,100 and his two years of teaching third and fourth graders.

Photo: Sharon Ferranti

September 5, 2022 Mark Curriden

Remembering Harold Kleinman, ‘A Giant of the Legal Profession’ and a Lion of the Texas Bar

Harold Kleinman, a pioneer of the modern-day corporate M&A law practice in Texas, lawyer to some of the state’s biggest businesses and a founding father of Texas Access to Justice, died Friday. He was 91.

For five decades, Kleinman was a lawyer and leader at Thompson & Knight, guiding the firm through extraordinary growth and turning it into a powerhouse in the energy sector. Bar associations, community groups, Jewish organizations and businesses honored Kleinman with award after award. In fact, the State Bar of Texas and Texas Access to Justice named its top honor for commitment to the legal profession the Harold F. Kleinman Award. “I was just a lawyer who represented clients and believed everyone deserved a fair shake under the law,” Kleinman told The Texas Lawbook in 2015. The Lawbook looks at the life and career of one of the greatest corporate lawyers in Texas history.

September 3, 2022 Mark Curriden

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Features

  • Before Bar Admission, UT Law Grads and Incoming Kirkland Associates Head to Fifth Circuit for Pro Bono Oral Argument - They haven’t taken the bar exam yet, but on Thursday, two newly minted University of Texas School of Law graduates and incoming Kirkland & Ellis associates will argue before the U.S. Court of Appeals for the Fifth Circuit. The rare opportunity is the result of a collaboration spearheaded by Kirkland Partner Zack Ewing, who was inspired by the graduates to emulate a program afforded to him while a student at the University of Pennsylvania Carey Law School. June 4, 2025Krista Torralva
  • P.S. — From Corporate Counsel to Clemency Crusader: Brittany K. Barnett’s Journey to Criminal Justice Reform - Last week, I had the honor of interviewing Brittany K. Barnett at the Texas General Counsel Forum Dallas-Fort Worth Chapter breakfast about her impressive legal career. Barnett’s start was in accounting. From there, she went to work as a corporate finance attorney and in-house M&A counsel. By night, she dedicated herself to pro bono efforts, working on President Barack Obama’s historic Clemency Project 2014. Barnett ultimately left her job and founded The Buried Alive Project, a powerful initiative to represent individuals sentenced to life without parole for nonviolent drug offenses. Her work has led to clemency for nearly two dozen clients across three presidential administrations. She’s also the author of a best-selling memoir, A Knock at Midnight: A Story of Hope, Justice, and Freedom, and she is working on a second book. I was so inspired by her story that I wanted to share our interview with a wider audience in this week's P.S. Column.  May 30, 2025Krista Torralva

GCs, Lawyers & Firms

  • Bradley Hires Former EVP, CLO of Texas Regional Bank - Jacque Kruppa joined the firm’s Dallas office as a partner, Bradley announced in a press release Wednesday. She had been at Texas Regional Bank for about a year and a half and spent 17 years at Hunton Andrews Kurth prior to that. 
  • Dell Technologies In-house Counsel Joins Yetter Coleman IP Group
  • Atma Kabad Moves from Kirkland to Gibson Dunn
  • Fisher Phillips Hires Reed Smith Partner to be Regional Managing Partner in Houston
  • Gibson Dunn Partner Launches Solo Dallas Firm to ‘Reengineer Litigation Models for Businesses’
  • President Names Career Prosecutor as NDTX U.S. Attorney
  • Megan Knell Joins Steptoe & Johnson
  • Kim Bueno Among Kirkland’s Litigation Haul from King & Spalding
  • O’Melveny Adds Experienced Trial Lawyer in Houston
  • Simpson Thacher Hires Project Finance Veteran
More GCs, Lawyers & Firms

Lawyers in the News

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Reem Abdelrazik
Doug Bacon
Harry Beaudry
Jonathan Benloulou
Gene Besen
Doug Bland
Jacqui Bogucki
Vera De Brito de Gyarfas
David Buck
Nora Burke
T.J. Campbell
Wayne Chan
Michael Considine
Mogan Copher
James Cowen
Kevin Crews
Samantha Crispin
Dawud Crooms
Shamus Crosby
Clint Culpepper
Brock Degeyter
Nick Dhesi
William Eiland
Austin Elam
Miles Emery
Bill Finnegan
David Gail
Adam Garmezy
Sami Ghubril
Breen Haire
Kim Hicks
J. Dean Hinderliter
Nicole Islinger
James Johnston
Atma Kabad
John Kaercher
Erin Kaufman
Paul Kukish
Thomas Laughlin
Oscar Fernando Leija
Emily Lichtenheld
Rob Little
Ryan Logan
Bryan Loocke
Katy Lukaszewski
Ryan Lynch
Ryan Maierson
Benjamin J. Martin
Madeline McCune
Sean McFarlane
Richard McGee
Sarah McLean
Sameer Mohan
Andrew Monk
Charlie Ofner
Stephen Olson
Joe Orien
Zach Parker
John Pitts
Benjamin Potter
Brendan Quigley
Kevin Richardson
Alex Robertson
Jason Rocha
Julian Seiguer
Mark Sloan
Chad Smith
Lande Spottswood
John Stribling
Vanessa Sutherland
Tanner Sykes
Martha Todd
Michael Vardanian
Thomas Verity
Douglas Warner
Kyle Watson
Luke Weedon
John Wetwiska
Sean Wheeler
Debbie Yee

Firms in the News

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Akin
Baker Botts
Bracewell
Haynes Boone
Holland & Knight
Kirkland & Ellis
Latham & Watkins
Morgan Lewis
Pillsbury
Porter Hedges
Sheppard Mullin
Sidley
Simpson Thacher
V&E
Weil
White & Case
Willkie

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