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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.

Patent Lawyers: WDTX Waco Order Unfair, Misguided and Hypocritical

Since Judge Alan Albright took the federal bench in 2018, businesses and individuals have filed 2,622 lawsuits in Waco accusing others of patent infringement. New statistics show he handles 24 percent of patent disputes in the U.S. – more than any other judge. His cases proceed quickly from filing to finish. Empirical data shows plaintiffs and defendants each win about half of their trials. Judge Albright rules for defendants 90 percent of the time on summary judgment.

This week, the federal judiciary shut down Judge Albright’s patent docket and has started sending his patent cases to other judges. In an in-depth report, The Texas Lawbook looks at the allegations by some tech companies against Judge Albright, reveals new data about his caseload and provides feedback from 19 patent lawyers in Texas. FYI: They are pissed.

July 28, 2022 Mark Curriden

WDTX Chief Judge: “Equitably Distribute” Waco Patent Cases to All Judges

The Waco patent rocket docket days may be over. WDTX Chief Judge Orlando Garcia issued an order Monday that requires that all new patent infringement lawsuits filed in the Waco Division be immediately assigned randomly to the district’s 12 federal judges. The order seems designed to end Judge Alan Albright’s three-year run as the federal judge handling the most patent cases in the U.S. The patent litigation bar is speaking out and they are not happy about the new order. The Texas Lawbook has the details.

July 26, 2022 Mark Curriden

ERCOT & Panda Face Off Again at Texas Supreme Court

The six-year bear of a legal battle between the Electric Reliability Council of Texas and Panda Power has again reached the Texas Supreme Court. In a case being watched by scores of lawyers in the Winter Storm Uri litigation, ERCOT wants the state’s highest court to declare that it is part of the state government and thus immune from civil lawsuits. Panda claims ERCOT knowingly produced false market data in 2011 and 2012 that led it to invest $2.2 billion to build three new power plants and doesn’t deserve immunity.

July 15, 2022 Mark Curriden

Texas Lawbook Hires Law360 Litigation Reporter Michelle Casady

Michelle Casady joins Natalie Posgate, who has been with The Lawbook for a decade, and former Dallas Morning News writer and editor Bruce Tomaso in covering litigation for The Lawbook.

“Michelle’s tremendous experience and knowledge in covering Texas courts will mean The Lawbook will provide our readers with more breaking news stories and more in-depth coverage of litigation trends and personalities than ever before at any news publication in Texas,” said Posgate. “Michelle is a highly respected and gifted reporter and we are greatly pleased to be working with her now as a colleague rather than against her as a competitor.”

July 13, 2022 Mark Curriden

Fifth Circuit Invites Constitutional Challenges to SEC’s ‘No Admit, No Deny’ Policy

A handful of Fifth Circuit judges seem to have it out for the U.S. Securities and Exchange Commission and “the agency’s current activism.” Two judges issued a concurring opinion that clearly invites defendants being accused of financial fraud to challenge the SEC’s use of “no admit, no deny” settlement agreements. “If you want to settle, SEC’s policy says, ‘Hold your tongue, and don’t say anything truthful – ever’ — or get bankrupted by having to continue litigating with the SEC,” Judge Edith Jones wrote. “A more effective prior restraint is hard to imagine.”

The Texas Lawbook has insight from several legal experts who say they understand Judge Jones’ concerns but say eliminating the “no admit, no deny” provisions in settlements would cause tremendous upheaval in the system and place defendants at an even bigger disadvantage in their negotiations with the federal agency.

July 13, 2022 Mark Curriden

Law Experts: Firms Need to Take TX Freedom Caucus Threats on Abortion Assistance Seriously

Corporate law firms should not ignore nor routinely dismiss threats made last week by Texas Republican legislators that they will punish law partners who fund travel for Texas employees who go to other states to have abortions. Leading academic experts who studied the Texas Freedom Caucus letter to Sidley say law firms “should treat this like any other legal challenge” and “throw all the resources and knowledge they have … to analyze any potential legal risk than a collection of legislators who don’t seem to understand what the law is or how the law works.”

July 13, 2022 Mark Curriden

Texas Law Firms Gird for Battle Against GOP Leaders’ Threats for Providing Abortion Options to Employees

A handful of conservative Republicans are threatening corporate law firms operating in Texas with criminal prosecution, civil sanctions and even disbarment if they play any role in their Texas employees going out of state to get abortions. Texas Freedom Caucus accuses the global law firm Sidley Austin of being “complicit in illegal abortions” and assert the “consequences that you and your colleagues will face for these actions.” But leaders at several law firms tell The Texas Lawbook that the threats are “extreme political debauchery and legally dubious.”

July 10, 2022 Mark Curriden

Wave of Lateral Moves Hits Texas Legal Market

Willkie Farr, Greenberg Traurig, McKool Smith, Munck Wilson, Perkins Coie, Blank Rome, Womble and Eversheds Sutherland announced new lateral partner hires this week in their Texas offices. The nine lawyers on the move came from Baker Botts, King & Spalding, Winstead, Norton Rose Fulbright, Gray Reed, Shore Chan and in-house.

July 8, 2022 Mark Curriden

Brazos Legal/Financial Advisor Fees Hit $80M

As Brazos Electric Co-op edges closer to a solution in its $1.9 billion bankruptcy case, the Waco-based power retailer is discovering the cost of getting a resolution is not cheap. The lawyers and financial advisors working on the Brazos restructuring for the past 15 months have already billed nearly $80 million for their services, according to court records. The final price tag will likely exceed $100 million, according to lawyers involved in the case. The Texas Lawbook has the details.

July 6, 2022 Mark Curriden

Brazos Electric Co-op Nears Deal in Bankruptcy

Brazos Electric Power Cooperative has reached an agreement in principle with most of its creditors that could result in the Waco-based power supplier exiting bankruptcy by fall. The agreement, which has the support of ERCOT and power generators such as Calpine, calls for Brazos to sell some assets, provides concessions from the power generators and allows Brazos to exit bankruptcy with its co-op structure. But there are still major hurdles ahead.

July 5, 2022 Mark Curriden

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Features

  • 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
  • 2025 Houston Corporate Counsel Awards Celebration - More than 225 leaders of the corporate legal profession in Houston celebrated the 2025 Houston Corporate Counsel Awards, which recognized general counsel and senior managing counsel from companies ranging from Phillips 66 and Shell to Enbridge, Baker Hughes and Transocean. The Association of Corporate Counsel’s Houston Chapter and The Texas Lawbook hosted 20 corporate in-house counsel who had been nominated for awards in 14 categories, from Rookie of the Year and Lifetime Achievement to M&A Transaction and Business Litigation of the Year. May 27, 2025Mark Curriden

GCs, Lawyers & Firms

  • Fisher Phillips Hires Reed Smith Partner to be Regional Managing Partner in Houston - Fisher Phillips on Monday announced it has hired Reed Smith labor and employment partner Emily Harbison, who will serve as the firm’s regional managing partner in Houston.
  • 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
  • Womble Adds Veteran Biz Litigator in its Houston Office
  • Barnes & Thornburg Lands Veteran Louisiana Litigator for its Dallas Office
  • Condon Tobin Hires Team from Libby Sparks
  • Sorrels Law Launches Beaumont Office with Veteran Maritime Litigator David James
More GCs, Lawyers & Firms

Lawyers in the News

Hover right to see full list

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

Hover right to show full list

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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