Mark L. Johansen Partner

A veteran trial attorney and commercial litigator, Mark handles high-stakes litigation in state and federal courts. Mark also regularly represents clients in arbitration proceedings before the American Arbitration Association (AAA) and the Financial Industry Regulatory Association (FINRA). Mark has extensive experience in a wide variety of complex litigation matters involving multimillion-dollar contract disputes, mergers and acquisitions, business torts, securities and shareholder litigation, broker-dealer litigation, labor and employment, trade secrets and professional liability. Mark has also represented clients in SEC enforcement actions and internal investigations.

Mark’s clients have included energy companies, financial services entities, health care organizations, investment banks, manufacturers, private equity firms, real estate companies, technology companies and leading business executives and entrepreneurs.

For more than 30 years, Mark has represented his clients with an unyielding commitment to help achieve his clients’ objectives. Mark has tried to verdict a number of cases in jury trials, bench trials and arbitrations.  Prior to joining Egan Nelson LLP, Mark was a partner at Reed Smith LLP and Perkins Coie.

Education

• University of Texas (B.B.A., 1983)
• University of Oklahoma College of Law (J.D., 1986)

Professional Admissions and Qualifications

• Texas

Court Admissions

• U.S. Court of Appeals – Fifth Circuit
• U.S. Court of Appeals – District of Columbia Circuit
• U.S. District Court – Eastern District of Texas
• U.S. District Court – Northern District of Texas
• U.S. District Court – Southern District of Texas
• U.S. District Court – Western District of Texas

Professional Affiliations

• State Bar of Texas, Member; Texas Bar Foundation, Fellow
• Dallas Bar Association, Life Fellow; Business Litigation Section, Member
• William (Mac) Taylor Inn of Court, Master
• Big Brothers & Sisters of Metropolitan Dallas, Past Director

Experience:

Contract and Fraud Cases:

• Obtained a unanimous jury defense verdict for an international equipment manufacturer in case involving claims of breach of contract and fraud in which the plaintiff alleged damages of $1.3 million.
• Represented Hollywood actor, director and producer in high-profile litigation in Superior Court of Los Angeles County. Case was ancillary to litigation between a motion picture production company and a European film distribution company involving claims of breach of contract and fraud concerning a multi-picture distribution agreement. Case settled following mediation.
• Represented an investment banking firm in litigation arising from the sale of insurance business. Adverse party brought claims for fraud and breach of fiduciary duty and sought damages of $18 million. Obtained summary judgment and dismissal of all claims against client.
• Following a two-week jury trial, the jury returned a verdict on all claims in favor of our clients who were individual plaintiffs against professional services company in case involving claims of breach of contract, fraud, negligent misrepresentation and deceptive trade practices.
• Represented business owner in breach of contract and breach of fiduciary duty litigation with former business partner. Obtained summary judgment on fiduciary duty claims and obtained favorable jury verdict on contract claims.

Mergers and Acquisitions Litigation:

• Represented prominent Dallas entrepreneur/business executive in well-publicized case arising from merger of two public technology companies in which the plaintiff alleged damages of $1 billion. Obtained summary judgment for client.
• Represented Dallas-based private equity firm in suit arising from acquisition of global insurance/reinsurance brokerage organization. Plaintiff sought damages of approximately $15 million based upon alleged value of adverse party’s interest in acquired company. Case settled on terms favorable to client.
• Represented regional owner/operator of multiple veterinary hospitals in breach of contract and fraud case arising out of client’s purchase of two veterinary hospitals in North Texas. Claims arose from seller’s breach of representations and warranties in asset purchase agreement relating to accuracy of financial information provided to buyer prior to sale transaction. Seller asserted counterclaim against buyer for breach of contract and fraud. Court dismissed counterclaim in its entirety, and case settled during jury trial.
• Represented sellers of several rehabilitation hospitals in a lawsuit against the buyer in Delaware Chancery Court in which the sellers asserted claims for breach of contract under an asset purchase agreement. Seller sought recovery of $4 million in damages. Following discovery and mediation, case settled on terms favorable to client.

Shareholder and Securities Litigation:

• Represented a Dallas-based public company and its board of directors in shareholder derivative litigation arising from $1 billion tender offer. Defeated three applications for injunctive relief, which permitted tender offer to proceed. Also defeated $7 million claim for attorneys’ fees and forced nuisance value settlement of lead plaintiff’s claims.
• Represented minority shareholder in medical supply company against majority shareholders in breach of fiduciary duty and fraud case. Case settled on terms favorable to client, including buy-out of client’s interest in company.

Arbitration:

• Represented health care company against software developer in arbitration involving failed implementation of accounting software. Obtained arbitration award in favor of client.
• Represented hospital against Big Four accounting firm in arbitration proceeding involving negligent audits of the hospital resulting in $30 million overstatement of accounts receivable. Obtained arbitration award in favor of client.
• Represented international securities firm and broker-dealer in FINRA arbitration against former employee, who acted as financial advisor, in a lawsuit to recover amounts due under forgivable promissory note. Former employee denied liability and counterclaimed for $3.3 million in damages. Arbitration panel awarded client full amount of loan indebtedness and denied the former employee’s counterclaim in its entirety.