Mark Wawro has produced an outstanding string of trial victories. Since 1980, he has won damage awards for plaintiffs totaling more than $790,000,000, and millions more by settlements. Wawro has been just as successful representing defendants. He teamed with Steve Susman at trial in Zapata County, Texas, to defeat a claim by Coastal Oil & Gas Corporation seeking a judgment worth more than $700 million. This case was profiled in The Texas Lawyer.
Wawro's trial achievements have been widely recognized. In 2005, The American Lawyer called two of his victories "impressive" and "well-litigated." The Texas Lawyer called his $536.2 million jury verdict "groundbreaking." Click the underlined links to see these articles. Wawro's cases have been profiled in the New York Times, The Wall Street Journal, The Houston Chronicle, The National Law Journal, and USA Today.
Wawro is featured in The Best Lawyers in America, and listed as a "Super Lawyer" by Texas Monthly and Inside Houston. He has been called one of the "Best Lawyers: Business Litigation" and "Best Lawyers: Commercial Litigation" by The American Lawyer and one of the "World's Leading Litigation Lawyers" by International Commercial Litigation. He is ranked one of the best lawyers in the United States by both Chambers Global and Chambers USA. Chambers USA praised Wawro's "thorough preparation and excellent presentation skills in a broad litigation practice."
Wawro brings intelligence and creativity to that broad trial practice. In 1988, The Texas Lawyer called one of his trial victories "a first" for its application of a repudiation theory to a take-or pay contract. In 2005, The American Lawyer praised Wawro's strategy in arbitrating a securities case for Jim Hunter without discovery: "The arbitrators granted Hunter $27.8 million. The jurisdictional issues were quite significant, but we got 100 percent of what we were seeking,' says Hunter. "I couldn't be more pleased.'"
Wawro's practice is diverse. His intellectual property clients have included Amazon.com, REI, Pavilion Technologies, High End Systems, and Advanced Support Systems, Inc. Wawro defended Amazon.com's electronic shopping cart and other e-commerce technology against claims of infringement, and prosecuted Pavilion's case against Computer Associates for infringement of Pavilion's neural network and expert systems patents.
Wawro also handles complex business and securities matters. He represented a group of bondholders suing Chase Manhattan Bank for breach of its duties as indenture trustee, and defended El Paso Corporation against charges of securities fraud. Wawro represented Tennessee Gas Pipeline Company, as plaintiff, in a fraud and breach of contract lawsuit against KCS Resources, Inc., and won a verdict for both actual and punitive damages for Tennesse. This $143 million verdict was reported in The Wall Street Journal and The Houston Chronicle. Wawro obtained a successful jury verdict for IQ Products Company, a Houston manufacturer of an aerosol tire inflator product, in a federal court breach of contract case against First Brands Corporation.
Wawro has also represented employees and entrepreneurs in disputes over their business arrangements. In 1996, Wawro was hired a few months before trial to represent a petroleum engineer in a fraud and breach of contract case. Wawro's client, Steve Weller, alleged that he had introduced the company to an oil prospect in the Ukraine and evaluated another potentially valuable prospect in Western Siberia before being squeezed out by the company's investors and management without any of the stock he had been promised. The defendants settled during trial for a confidential sum. Wawro represented another entrepreneur in a fraud and breach of contract action in New York state court arising out of the development of oil and gas leases in Texas. Again, Wawro's client obtained a favorable settlement during the trial of the case.
As reported in The Texas Lawyer, Wawro represented two individuals employed as vice presidents by Terry Oilfield Supply Company under a compensation arrangement that included a right to a percentage of the profits the company earned under oil and gas well drilling programs. The jury awarded Wawro's clients the full amount claimed. Wawro represented the General Counsel of a well-known New York Stock Exchange company in his defamation case against that company. The company publicly blamed a significant non-disclosure in an SEC filing on the General Counsel. The General Counsel sued for libel and slander and settled the case on the eve of trial for an amount that is confidential.
Wawro's busy trial practice has not kept him from pro bono and community service activities. In what The American Lawyer called an "impressive pro bono victory," Wawro teamed with Barry Scheck and the Innocence Project to overturn the wrongful conviction of George Rodriguez, who had been imprisoned based on inaccurate forensic evidence. This case was profiled in USA Today, The Texas Lawyer, and The Houston Chronicle. Wawro is on the Board of several non-profit organizations, including Texas Appleseed, Inprint, Inc., and the Gulf Region Advocacy Center. He is on the Advisory Board of the Texas Innocence Network and a member of the Museum of Fine Arts Film Committee.
Wawro was born and raised in Hartford, Connecticut and attended Brown University, where he graduated with honors in 1975. After working with Providence's poor and disadvantaged community through the Volunteers in Service to America program for one year at Rhode Island Legal Services, Wawro came to Texas to attend the University of Texas School of Law, where he served as Articles Editor of the Texas Law Review and graduated with honors in 1979. The following year, Wawro served as a law clerk to the Honorable Carolyn D. King of the United States Court of Appeals for the Fifth Circuit.
Wawro has written articles on trial tactics and antitrust issues and is Board Certified in Civil Trial Law by the State Bar of Texas. He is a member of the American Bar Association, the State Bar of Texas, and the Houston Bar Association, and is a Fellow of the Texas Bar Foundation.
EDUCATION
- Brown University (B.A., with honors, 1975)
- University of Texas (J.D., with honors, 1979)
HONORS & DISTINCTIONS
- Board Certified Civil Trial Law -- Texas Board of Legal Specialization.
- Articles Editor, Texas Law Review, 1978-79
- Law Clerk to The Honorable Carolyn D. King, United States Court of Appeals, Fifth Circuit, 1979-80
- Listed in:
- The Best Lawyers in America (Woodard White )
- Guide to the World's Leading Litigation Lawyers (International Commercial Litigation)
- Chambers Global : World's Leading Lawyers for Business (Chambers)
- Chambers USA: America's Leading Lawyers for Business (Chambers)
- "Best American Lawyers: Commercial Litigation" (The American Lawyer)
- "Best Lawyers: Business Litigation" (The American Lawyer)
- "Super Lawyers" (Texas Monthly)
- "Super Lawyers" (Inside Houston)
- Author: "Effective Presentation of Experts," 19 Litigation (ABA), Spring, 1993; "The Spa Fields Conspiracy," 19 Litigation (ABA), Winter, 1993; "Starting on the Right Foot: Effective Opening Statement," 25 Litigation (ABA), 1998
- Co-author: "State Action Immunity and Antitrust Issues in Cable Television Franchising," 3 Comm/Ent 645 (1982)
PROFESSIONAL AFFILIATIONS
- State Bar of Texas
- Fellow, Texas Bar Foundation
- Houston Bar Association
- American Bar Association
ABA Task Force on Sample Antitrust Civil Jury Instruction
MARK L. D. WAWRO, born Hartford, Connecticut, October 13, 1952; admitted to bar, 1981, Texas. Preparatory education, Brown University (B.A., with honors, 1975); legal education, University of Texas (J.D., with honors, 1979). Board Certified Civil Trial Law -- Texas Board of Legal Specialization. Articles Editor, Texas Law Review, 1978-79. Law Clerk to The Honorable Carolyn D. King, United States Court of Appeals, Fifth Circuit, 1979-80. Author: "Effective Presentation of Experts," 19 Litigation (ABA), Spring, 1993; "The Spa Fields Conspiracy," 19 Litigation (ABA), Winter, 1993; "Starting on the Right Foot: Effective Opening Statement," 25 Litigation (ABA), 1998. Co-author: "State Action Immunity and Antitrust Issues in Cable Television Franchising," 3 Comm/Ent 645 (1982). Honors: listed in The Best Lawyers in America, 1999-2000 edition; Guide to the World's Leading Litigation Lawyers, 1997 edition. Member: State Bar of Texas; Fellow, Texas Bar Foundation; Houston Bar Association; American Bar Association; ABA Task Force on Sample Antitrust Civil Jury Instruction; Association of Trial Lawyers of America.
Summary of Litigation Experience and References **
Bull Run Corporation v. ________________________ (Hon. John Davies, Hon. Charles Clark, and Hon. Sidney Smith) (arbitration) (2003)
Shared primary trial responsibilities for Bull Run with Steven Susman. Outcome of arbitration and identity of the other party to it are confidential.
References:
Client:
Bob Prather
President and CEO
Bull Run Corporation
4730 Peachtree Rd. N.E.
Atlanta, GA 30319
(404) 266-8333
| Other Counsel For Bull Run:
Joseph H. Terry
Dinsmore & Shohl, L.L.P.
250 West Main Street #2020
Lexington, Kentucky 40507
(859) 425-1005
| Opposing Counsel:
John A. Chandler
Sutherland Asbill & Brennan LLP
999 Peachtree NE
Atlanta, Georgia 30309-3996
(404) 853-8000
|
James P. Hunter, III v. Service Corporation International; Arbitration in Houston, Texas (Shannon Ratliff, Hon. Robert Parker, Rufus Wallingford) (2003)
Lead counsel for plaintiff, James Hunter, in securities lawsuit arising out of merger of Service Corporation and Equity Corporation International. Arbitration panel awarded actual damages of $37,793,583.
References:
Client:
James Hunter, III
415 South First St. #210
P. O. Drawer 100
Lufkin, Texas 75902
(936) 634-1034
| Other Counsel For Hunter:
George M. Chandler
Law Offices of George M. Chandler
207 East Frank Street #105
Lufkin, Texas 75902
(936) 632-7778
| Opposing Counsel:
J. Clifford Gunter, III
Bracewell & Patterson
711 Louisiana Street, Suite 2900
Houston, Texas 77002
(713) 223-2900
| Arbitrators:
Hon. Robert Parker
100 East Ferguson #1114
Tyler, TX 75702&;
(903) 533-9288
| Shannon Ratliff
Ratliff Law Firm
600 Congress #3100
Austin, TX 78701
(512) 493-9601 | Rufus Wallingford
Beck, Redden & Secrest
1221 McKinney #4500
Houston, TX 77010
(713) 951-3700
|
Elizabeth Schexnailder and Aaron Huffman v.The Met Business & Sports Club, Inc. Cause No. 2000-42602 in the 151st Judicial District Court of Harris County, Texas (Hon. Caroline Baker) (jury) (2002)
Lead counsel for plaintiff Schexnailder in personal injury. Two week trial. Defense verdict.
References: Client:
Elizabeth Schexnailder
2100 Headwater Lane
Austin, TX 78746
(512) 328-0061
| Opposing Counsel:
H. Dwayne Newton
Nelson, McCormick, Hancock & Newton
1900 West Loop South #700
Houston, Texas 77002
(713) 297-0700
|
Century Assets Corporation and Edward R. DeStefano v. Sheldon Solow and Steven M. Cherniak, Index No. 605447-97, In the Supreme Court of the State of New York, County of New York, IAS Part 3 (Hon. Barry A. Cozier) (jury) (2000)
Lead counsel for plaintiffs in dispute over oil and gas joint venture. Case settled after three weeks of trial for a sum that is confidential.
References:
Client:
Ed DeStefano
Century Assets Corporation
1200 Post Oak Blvd. #114
Houston, TX 77056
(713) 629-4344
| Co-Counsel:
Hon. E. Leo Milonas
Winthrop, Stimson, Putnam & Roberts
One Battery Park Plaza
New York, New York 10004-1490
(212) 858-1615 | Opposing Counsel:
Richard Ben-Veniste
Mayer, Brown, Rowe & Maw
1909 K Street N.W.
Washington, D.C. 20006-1101
(202) 263-3000 | | | Abigail Pessen
Seiff Kretz & Maffeo
645 Madison Avenue
New York,New York 10022
(212) 371-4500
| Alistair Dawson
Beck, Redden & Secrest
1221 McKinney Street #4500
Houston, Texas 77010
(713) 951-3700
|
Tennessee Gas Pipeline Company v. KCS Resources, Inc.; Cause No. 3,448 in the 49th Judicial District Court of Zapata County, Texas (Hon. Ron Carr) (jury) (1996)
Lead counsel for plaintiff, Tennessee Gas Pipeline Company, in fraud and breach of contract case. Five-day trial. Jury awarded actual damages of $28,523,625, punitive damages of $114,094,500, and attorneys fees of $473,065.
References:
Client:
Clay Latimer
| Opposing Counsel:
Emerson Banack, Jr.
Jeffers & Banack, Inc.
Trinity Plaza II
745 East Mulberry Street
San Antonio, Texas 78212
(210) 736-6600
|
Steven W. Weller v. Xavier Mines Limited, et al.; Cause No. 94-24524 in the 334th Judicial District Court of Harris County, Texas (Hon. Russell Lloyd) (jury) (1996)
Lead counsel for plaintiff, Steve Weller, in fraud and breach of contract case. Settled after six days of trial for $3.95 million plus an additional amount that is confidential
References:
Client:
Steve Weller
11547 Riverview Way
Houston, TX 77077
(713) 782-6738 | Opposing Counsel:
Michael K. Swan, Esq.
Akin, Gump, Strauss, Hauer & Feld, L.L.P.
1900 Pennzoil Place - South Tower
711 Louisiana
Houston, Texas 77002
(713) 220-5800
|
IQ Products Company v. First Brands Corporation; Civil Action No. H-94-1894 in the United States District Court for the Southern District of Texas, Houston Division (Hon. David Hittner) (jury) (1996)
Lead counsel for plaintiff in breach of contract case, with contract and fraud counterclaims. After two-week trial, jury awarded plaintiff approximately $3.5 million damages and rejected all counterclaims. The case subsequently settled for a confidential sum.
References:
Client:
Johann Gupta
IQ Products Company
16212 State Highway 249
Houston, Texas 77086-1014
(281) 444-6454
| Opposing Counsel:
R. Paul Yetter, Esq.
Yetter & Warden, L.L.P.
600 Travis Street, Suite 3800
Houston, Texas 77002
(713) 238-2000
|
Coastal Oil & Gas Corp. and ANR Prod. Co. v. Tennessee Gas Pipeline Co., No. 3,165 in the 49th District Court, Zapata County, Texas (Hon. Manuel Flores) (jury) (1993).
Shared primary trial responsibilities for defendant Tennessee Gas with Stephen Susman. This case involved a claim by plaintiffs under a gas contract worth some $700 million. Jury verdict for defendant on all issues following a three-week trial.
References:
Client:
Clay Latimer
| Co-Counsel:
Ralph Duggins, Esq.
Cantey & Hanger LLP
801 Cherry Street, Suite 2100
Fort Worth, TX 76102-6899
(817) 877-2800 | Opposing Counsel:
Thomas McDade, Esq. Murray Fogler, Esq.
McDade & Fogler LLP
909 Fannin , Suite 1800
Houston, TX 77010-1007
(713) 654-4300
| | | Don Cassling, Esq.
Jenner & Block
One IBM Plaza
330 N. Wabash
Chicago, IL 60611
(312) 222-9350
| |
Carlton Meyer and Ann Meyer v. Ann M. Hovater, et. al, No. 91-49670 in the 133d District Court, Harris County, Texas (Hon. Louis Cofer) (jury) (1993).
Lead counsel for plaintiff Ann Meyer and the estate of her husband in this fraud claim seeking compensatory and punitive damages. Settled after a two week trial for a confidential sum that exceeded actual damages.
References:
Co-Counsel:
Maurice Bresenhan, Jr.
Campbell, Zukowski, Bresenhan & Woods
1100 Milam, Suite 2150
Houston, TX 77002
(713) 652-5905 | Opposing Counsel:
Paul Stallings, Esq.
Vinson & Elkins
1001 Fannin
Houston, TX 77002-6760
(713) 758-2124
|
Williams & Schexnailder v. Terry Oilfield Supply Co., et. al, No. 89-43132 in the 133d District Court, Harris County, Texas (Hon. Lamar McCorkle) (jury) (1992).
Lead counsel for plaintiffs, two individuals suing on an employment and profit sharing contract. After a two week trial, plaintiffs were awarded a verdict of the full amount claimed, approximately $5.4 million.
References:
Client:
Paul Schexnailder
14602 South Padre Island Dr.
Corpus Christi, TX 78418
(713) 882-1268
| Opposing Counsel:
John L. Carter, Esq.
Vinson Elkins LLP
2500 First City Tower
1001 Fannin Street
Houston, TX 77002-6760
(713) 758-2124
|
CNG Producing Co. v. TransAmerican Natural Gas Corp., Adv. Pro. 91-4704, United States Bk. Ct., Southern District of Texas (Hon. Manuel Leal) (non-jury) (1991).
Injunction proceeding to prevent disbursement of funds by client TransAmerican. Injunction denied.
A. E. Investments, Inc. v. Davis Oil Co./No. 85-M-1821, United States District Court, Denver, Colorado/Hon. Richard P. Matsch (jury) (1991)
Counsel for plaintiff in fraud and breach of contract. Case settled after jury selection
El Paso Natural Gas Co. v. TransAmerican Natural Gas Corp., No. 85-09329 in the 127th District Court, Harris County, Texas (separate jury and non-jury trial) (Hon. Sharolyn Wood) (1988, 1987).
Lead counsel for defendant and counterclaimant. After a nine week jury trial, obtained a verdict of $537 million for TransAmerican on its counterclaim. El Paso recovered nothing on its claims. An earlier phase of the case was tried in a six week bench trial with an award of $67 million to TransAmerican.
Wichita Land & Cattle Co., Washington County, Texas (1987).
Injunction proceeding to obtain possession of racehorse pending outcome of trial on merits.
InSpeech, Inc. v. Kelly Frehrs, et al., in the 329th District Court, Wharton County, Texas (Hon. Daniel Sklar) (1986).
Injunction proceeding to prevent violation on non-compete provisions in former employees' employment contracts. Injunction granted. Shared responsibility with David Wawro.
Arkansas Gazette Co. v. Camden News Publishing Co., et al., No. LR-C-84-1020, U.S.D.C., Eastern District of Arkansas, Western Division/Hon. William R. Overton (jury) (1986)
Counsel for plaintiff in antitrust action. Verdict for defendant after 10-day trial.
David Mitchell Interests v. Sanford E. McCormick/No. 80-30475, 127th Judicial District, Harris County, Texas/Hon. Jack O'Neill (jury) (1985)
Counsel for plaintiff in action for fraud. Verdict for defendant after 2-week trial.
Dunlop Tire & Rubber Co. v. Pepsico, Inc., U.S.D.C., Northern District of Illinois/Hon. John P. McMillan (jury) (1985)
Counsel for plaintiff in action involving predatory pricing, attempt to monopolize. Settled after 4 days of trial.
Detroit Lions, Inc., and Billy Sims v. Jerry A. Argovitz, et al., No. 83-CV-5649DT, U.S.D.C., Eastern District of Michigan, Southern Division/Hon. Robert E. DeMascio (non-jury) (1984)
Counsel for defendant Houston Gamblers in action involving breach of contract. Judgment for plaintiff after 3-day trial.
Regency Development Co. v. T.E. Management Services, in the 80th District Court, Harris County, Texas. (Hon. William Powell) (jury) (1983).
Lead counsel for defendant in a case alleging breach of a commercial lease. After a 5-day trial, the jury found against plaintiff on its $2 million rent claim and for T.E. Management Services on its counterclaim for return of its $84,000 security deposit.
Affiliated Capital vs. Gulf Coast Cable, et al., /C. A. No. H-79-1331, U.S.D.C., Southern District of Texas, Houston Division/Hon. Carl O. Bue (jury) (1981)
Counsel for plaintiff in antitrust action. $6.3 million verdict for plaintiff after 14-day trial.
Other Significant Results
- Obtained summary judgment for client, Sonat Natural Gas Company, on claim against Southern for breach of a $100 million gas contract. Settled while on appeal.
- Obtained million-dollar settlement for corporation's former general counsel before trial in a defamation case against the lawyer's former employer. Settlement is confidential.
- Obtained multi-million dollar settlement for patient in a medical malpractice case. Shared responsibility with another lawyer. Settlement is confidential.
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