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.
For Premium Subscribers: Exxon Mobil senior counsel Tom Sikora is considered one of the top international arbitration lawyers in the world. Sikora has led more than 50 international arbitrations with more than $80 billion at stake.Texas Lawbook founder Mark Curriden had the opportunity chat with Sikora about his remarkable career path and his outlook as a senior in house counsel at one of the largest corporations in the world.
As sanctions against Russian companies and those that do business with Russian entities expand daily, the role of lawyers is increasingly in the spotlight. Some law firms are being pressured to fire their Russian clients. Fourteen corporate law firms operating in Texas have Moscow offices, including Akin Gump, Baker Botts and Norton Rose Fulbright. Some law firms, such as Baker Botts, are reevaluating their operations in Russia. A few firms secretly encouraged their attorneys to leave Moscow as quickly and quietly as possible, as they fear retribution from the Kremlin. The Texas Lawbook has the details.
The top legal officers at AT&T, Southwest Airlines, Toyota and Trinity Industries have strategic suggestions for law firms who want their business: Help them solve problems. Diversify your legal teams. Write brief, to-the-point memos. And be a team player, even with other law firms. They also have definite pet peeves for the firms they hire.
Three Fifth Circuit Appeals Court judges told 500 lawyers attending the Northern District of Texas Federal Bench Bar Conference on Friday about critical mistakes that lawyers make in their briefs and oral arguments. Judge Catharina Haynes, Judge Gregg Costa and Judge James Ho provided extraordinary behind-the-scenes insight into the operation of the Fifth Circuit, including what the judges think about introductions in briefs and decisions on whether to have oral arguments. The Texas Lawbook has exclusive details.
The Fifth District Court of Appeals in Dallas ruled Wednesday that the Electric Reliability Council of Texas does not have sovereign immunity from all lawsuits and that the Texas Public Utility Commission does not have exclusive jurisdiction over all claims against ERCOT. The 12-to-1 decision has been widely anticipated because it could have ramifications in hundreds of lawsuits stemming from Winter Storm Uri in which ERCOT is a named defendant.
“To date, the supreme court has not extended sovereign immunity to a purely private entity neither chartered nor created by the state, and this court will not create new precedent by extending sovereign immunity to ERCOT,” Justice Erin Nowell wrote.
The former CEO of the ERCOT told U.S. Chief Bankruptcy Judge David Jones on Wednesday that he would not do anything differently in how the state agency handled the power grid during Winter Storm Uri a year ago and said that setting power prices at $9,000 per megawatt hour was not an error but a decision to “protect the reliability of the system.” Bill Magness is testifying in day two of the bankruptcy trial of Brazos Electric Coop, which is asking Judge Jones to significantly reduce the $1.9 billion ERCOT charged to the Waco-based power supplier during the four days last February when temperatures plummeted to record lows.
Kirkland & Ellis partner Jeremy Fielding and AMLI Chair Gregory Mutz, a Vietnam War infantry lieutenant turned lawyer turned real estate developer, stood side by side last Wednesday as a Houston jury delivered its verdict. AMLI stood accused of lying, breach of contract and destroying evidence related to the $57 million sale in 2012 of a Houston luxury apartment complex. The verdict, both men say, brought them to tears.
Two appellate judges ruled Thursday that United Airlines’ requirement that its employees be vaccinated causes “irreparable harm” to pilots and flight attendants who claim religious objections. In a 2-1 decision, the U.S. Court of Appeals for the Fifth Circuit issued an unpublished and unsigned opinion ordering a federal judge in Fort Worth to reconsider issuing a preliminary injunction against the Chicago-based airline.
In dissent, Judge Jerry Smith called the majority opinion “absurd," argued that it creates a new cause of action for every private employee in the Fifth Circuit and stated he would hide his "head in a bag" if he had written the majority's opinion.
Energy trial litigator Lauren Brogdon was on maternity leave last year when she started “reflecting on the future growth” of her law practice and the right “environment” where she wanted to practice. Last week, the Houston lawyer moved her practice to Haynes and Boone. In an exclusive interview, Brogdon told The Texas Lawbook the reasons behind her lateral move, the biggest litigation risks she sees for energy companies today and her passion for pro bono.
Dallas antitrust and consumer-protection litigator Sean Royall, who was part of the team that represented AT&T in its successful 2018 trial against the U.S. Justice Department over the $86 billion Time Warner merger, is taking his practice to Sidley.
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