
Mark Calhoun
Of Counsel, Independent Arbitrator, Mediator and Business Controversy Solutions Counsel
BAR AND COURT ADMISSIONS
Texas
New York (inactive)
Supreme Court of the United States of America
U.S. Court of Appeals, Fifth Circuit
U.S. Court of Appeals, Second Circuit
U.S. District Court, Northern District of Texas
U.S. District Court, Eastern District of Texas
U.S. Bankruptcy Court, Northern District of Texas
U.S. Bankruptcy Court, Southern District of Texas
EDUCATION
B.B.A., The University of Texas at Austin (1969)
J.D., The University of Texas School of Law (1972)
PRACTICE AREAS
Work History
Independent Arbitrator, Mediator and Business Solutions Counsel 1977-Present; Partner of Calhoun, Bhella & Sechrest, LLP, 2014-2020 and currently of counsel for the firm; Principal Equity Shareholder Greenberg Traurig, 2008-2013; Equity Shareholder, Winstead (formerly Winstead Sechrest & Minick), 2000-2007; member of the Firm's Executive and Compensation Committees, Chair of the Recruiting Committee; Founder/Chairman/Managing Shareholder, Calhoun & Stacy, 2000; Associate.
Experience
Broad experience in litigation and alternative dispute resolution as an arbitrator, advocate and as settlement and business controversy solutions counsel, and mediator, both domestically and internationally. Represent clients in varied industries including technology, telecommunications, transportation (aviation, rail, and trucking), energy, finance and banking, real estate, and construction. Serve as counsel advocate, arbitrator, mediator, and settlement counsel, confronting a wide spectrum of legal issues including international law, contracts, unfair trade practices, partnerships, corporations, insurance, zoning and land-use, employment, and unfair competition, as well as construction, real estate, oil and gas, energy, environmental, product and personal injury law.
Arbitration Experience
Frequently serve as an arbitrator in complex panels for commercial, energy, contract, products, aviation, construction, labor and employment cases. Served on the AAA's Complex Case Panels since 1977 and ICDR’s Energy Panel as arbitrator in oil and gas, pipeline, operating agreements, leasehold and handled numerous cases related to the oil and gas industry. Named a Distinguished Neutral member of the CPR (International Institute for Conflict Prevention & Resolution) and served on CPR Panels in Commercial and Energy matters. Arbitrated more than 400 commercial, business and tort cases for AAA, ICDR, CPR, ICC and HOC.
Alternative Dispute Resolution Training
AAA/ICDR ACE20, 21, 22, 23, 24, 25, and 26 training for 2019-2026; ICDR/AIPN Dispute Resolution in the International Oil and Gas Business Conference, 2019; Advanced Mediator Training Series: Managing the Dynamics of a Multi-Party Case; AAA-ICDR/ICC/ICSID 34th Annual Joint Colloquium on International Arbitration; ICDR International Symposia in Advanced Case Management Issues. Attendance at AAA, ICDR, CPR Conferences on a regular basis.
Representative Issues Handled as a Mediator
Mediated many complex matters involving issues from mass torts and employment to significant multi-party, complex commercial matters concerning corporate and partnership disputes; business disputes between companies, shareholders and partners; energy disputes between operators and between operators and property owners; title, insurance, finance and banking issues between banks and between banks and borrowers. Also mediated matters concerning domestic/international contract disputes involving the rail, aviation and airline industries.
Experience as a Mediator
Texas was an early leader in the mediation industry. Part of the initial group that founded and trained the original mediators and formed the Texas Association of Attorney Mediators. Many early assignments as a mediator in the late 70’s were court ordered mediations. Mediated more than 300 matters while maintaining an active trial and business practice and continue today as an active mediator.
Energy
Participates on complex case panels as arbitrator and before the AAA, ICDR, LCIA, and CPR and various other arbitral institutions for upstream and midstream energy disputes. Active in the oil and gas energy industry. Represented public drilling and exploration companies and operators in contract, drilling, pipeline operation, tort, and royalty matters. Former outside general counsel and director for a public operating and drilling company operating drilling rigs and developing drilling partnerships with third-party investors. Represented operators as well as mineral interest owners in matters ranging from delayed payment issues, take-or-pay issues, lease interpretation, drilling/oil/gas production contracts.
Transportation
Represented aviation companies, aircraft owners, brokers, and class one and C class railroad companies in business and litigation matters, including real estate and land-use, labor and employment, regulatory/government relations, mass tort, product liability, leasing and finance, FAA regulatory matters, airport development, aircraft acquisition and disposition and FAA and municipal authority compliance. Represented Part 135 & Part 121 aircraft carriers as counsel and as an arbitrator in matters involving original equipment manufacturers, subcontractors and suppliers in issues related to product and contract matters. For the rail industry, has represented Class One Railroads and Railroad Short Lines in litigation, land-use, environmental and contract disputes. Arbitrated many matters as an arbitrator.
Current and active multi-engine, instrument, commercial pilot, with Learjets ratings, Owner/Operator of several aircraft including Piston Twins, King Airs and Learjets. Served part time as pilot for Navy contractor flying aggressor missions in electronic Warfare Learjets in 2022 and 2023.
Technology
Represented several large technology and telecommunications companies in matters involving product liability, intellectual property and real estate related litigation. Represented two of the largest global telecom companies in land use issues involving the building of fiber optic transmission systems in road, electric utility axel railroad rights-of-way. Lead trial counsel in an international dispute for a Fortune 50 technology manufacturing company in opposition to one of the world's largest original equipment manufacturers. The litigation encompassed disputes over parts design, manufacturing processes, product defect claims, a CPSC recall, third party claims and contract issues with claims amounting to more than $700,000,000. Arbitrator in many cases involving these industries.
Real Estate, Finance and Banking: Served on the Board of Directors of Texas Commerce Bank Dallas and as a Member of its Loan Committee. Outside counsel for large, mid-size and small independent lending institutions in matters including loan agreements, regulatory, accounting and finance default, deficiency and collateral issues. Represented construction lenders and construction entities in defect, bond, lien and financing related concerns. Lead trial counsel on numerous large commercial and tort cases including mass tort and class actions, complex arbitrations and trials for national and international clients.
Professional Associations
Life Fellow, State Bar of Texas; Life Fellow, Texas Bar Foundation; Life Fellow, Dallas Bar Association; Institution for Technology Commercial Institution IC2 Board, The University of Texas at Austin (Served as Chairman of the Peer Review Committee for the University of Texas at Austin for IC2; Named, IC2 Fellow; Rated, AV® Preeminent 5.0 out of 5*; Advisory Board Member); Former Dallas Opera, Board Member; The University of Texas at Dallas Executive Board The University of Texas at Dallas; Former Director of Texas Commerce Bank; Former Director of HLH Petroleum Corporation; Keeton Fellow, The University of Texas School of Law; Former Member, The Institute for International and Comparative Law; Former Advisory Board Member, The Institute for Transnational Arbitration; Member, London Court of International Arbitration; Member, American Bar Association; Member, International Bar Association; Member, Association for Conflict Resolution; Member, Association of Attorney Mediators; Member, International Association of Mediators and Arbitrators; Member, Aircraft Owners and Pilots Association. Former Member, The University of The University of Texas at Austin Leadership Council; The Chancellor's Council; The President's Council.