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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 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

Alana Matthews Leaves Dallas Stars to Be Pioneering Entrepreneur

Last month, Matthews left the Dallas Stars to pursue another deeply-held passion: creating a business that focuses exclusively on custom-made luxury workwear for professional women.

June 22, 2022 Mark Curriden

Louisiana Federal Magistrate Nominated to Be First African American Woman in Fifth Circuit

President Joseph Biden has nominated U.S. Magistrate Dana Douglas of New Orleans to one of two open seats on the U.S. Court of Appeals for the Fifth Circuit. An African American jurist who practiced energy litigation, products liability and intellectual property law during her 17 years in corporate law, Judge Douglas would be the first woman of color to serve on the Fifth Circuit.

June 16, 2022 Mark Curriden

Remembering Jim Cowles – A Lion of the Texas Bar

Jim Cowles, who tried nearly 600 cases to a jury verdict, including a dozen trials while he was still in law school, died this past weekend, according to an announcement released Wednesday by Cowles Thompson, the firm he co-founded in 1978.

June 15, 2022 Mark Curriden

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Features

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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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