He developed an expertise in Birth Injury litigation, eventually developing a national reputation for large settlements and verdicts in Texas and other states.

He was lead counsel on over 90 cases involving recoveries in excess of seven figures including verdicts of $59.5 million and $22.6 million in cases turned down by other firms.  

His work in Birth Injury litigation included helping improve the scientific understanding of the under-appreciated effects of mechanical forces on brain blood flow dynamics and causation of perinatal brain injury as well as documenting to the FDA the risk and frequency of vacuum extractor injuries leading to FDA advisory to obstetricians and hospitals. 

As one of the first lawyers involved in the multi-district litigation (MDL) of Pelvic Mesh, Mark was responsible for locating and developing many of the testifying expert witnesses and discovering several critical documents establishing corporate liability for each manufacturer. Primarily located in the Southern District of West Virginia, this mass tort became the largest and most complex medical device litigation in U.S. history. For this effort, Mark served as co-chair of the science committee and was the co-lead of the Coloplast MDL, member of the Bard MDL bellwether trial team under Henry Garrard and was a member of the Plaintiffs’ Steering Committee and Executive Committee.  

Mark is known for his unconventional style and impromptu sense of humor as well as for his optimism, focus, and imaginative approach to problems and solutions. Mark has used a wide assortment of novel demonstrative items including puppets and stuffed animals to brainstorm, assist with clients, and prepare witnesses for trial. 

He has handled a wide variety of cases including those involving chemical and radiation exposures, business fraud, insurance bad faith, electrocutions, deaths and injuries from unsafe industrial and household products, deceptive trade practices, Native American land rights, premises liability for rapes and assaults from poor security or defective locks, doors, or windows and sexual misconduct against religious orders, therapists, and counselors.  

Mark is a graduate of the Gerry Spence Trial Lawyer College and later served as a teaching faculty member. He has been asked to present at legal continuing education conferences on a number of topics including jury selection, use of demonstrative evidence, The Future of Law, effective use of experts and science at trial, deposition and cross examination techniques and arguing damages in a malpractice case.  

He has handled unusual cases as well, such as the so-called “condom rape” case where his efforts led to a reformation of the grand jury system by using professional counselors to educate grand jurors about rape trauma and rape responses. This process led to the successful prosecution of his client’s rapist and ultimately to a civil suit recovery against the landlord for failure to have properly working sliding glass door latches. Mark’s success from taking difficult and/or unusual cases has led to appearances on Oprah Winfrey, Good Morning America, the Today Show, Montel Williams and others as well as national front page news coverage by The NY Times and other outlets including legal and general interest magazines. 

Mark has acted as volunteer/pro bono legal counsel for several public interest and non-profit organizations and is involved in and supports a variety of environmental, investigative journalism and human rights advocacy groups and causes such as the Ramazzini Institute, Sustainable Pulse, Toxic Free Future for Our Children, Solar Punk Society, Greenpeace, The Sierra Club, WhoWhatWhy, the Lakota Sundance Chiefs, the Brave Dog Warrior Society of the Blackfeet tribe, and many others. 

Currently his firm is investigating and pursuing environmental water and air contamination cases as well as matters related to corporate manipulation of internet search tools and social media. He is currently involved as legal advisor and business partner with environmentally responsible companies, Greener Enterprises and Clean Star Products.  

Outside of his legal work, Mark invests in and participates in social and artistic scenes both in Austin, and throughout the country. 

He has hosted more than 20 major art and music events throughout the years featuring both local and national musicians and artists such as B. B. King, Willie Nelson, Lyle Lovett, Los Lonely Boys, Patti LaBelle, Lemurs, Twin Sages and many others through his production company, Voodoo Cowboy Entertainment.

His most recent event was on Summer Solstice 2019. The “What If?” party was attended by 1,500 and encouraged the use of art and music to improve the condition of the planet and those who share it. As a follow up to the 2019 event the Facebook group (LoveTruthJustice) was established in an attempt to improve community and environmental engagement. 

Mark has served as Producer, Executive Producer and/or Associate Producer for a number of independent films: Downloading Nancy, Winter in the Blood, The 2 Bobs, Slam Planet, as well as several documentaries including, Sacco and Vanzetti and A New Resistance. 

He has also invested in Legion M, an independent production company behind the films Mandy, Colossal, and Jay & Silent Bob: Reboot. 

He has twin sons, Max, and Andy, who formerly produced music under the band name Twin Sages, but who now write, record, and perform under their own names as independent artists. 

Also lending support to the office and staff are two blue pit bulls, Lou and Ruby, Wizard Bear MD/JD Esquire, Charlie McDragon MD/JD, and Princess Unicorn, who is studying to be a marine biologist to save the dolphins and turtles from the effects of plastic pollution in the oceans. 

Areas Of Practice

• Medical Malpractice (Birth Injury)
• Product Liability

Education

• J.D., University of Houston, Houston, TX, 1981
• B.S., Psychology, University of Wisconsin-Madison, Madison, WI, 1978

Admitted To Practice

• Texas
• Wisconsin
• Montana
• Louisiana
• Pennsylvania
• Georgia
• Oklahoma

Selected Publications

Legal Writing Essentials – Fundamentals of Structure, Style and Substance, 2015.

Rights and Remedies Available in Federal Litigation Brought by the FDIC and Its Transferees, Journal of the American Bankruptcy Institute, March 2011.

Extraterritorial Applicability of the Fourth and Fifth Amendment Protections: The U.S. Constitution as Pact or Universal Declaration of Rights, Harvard International Law Journal, 1992.

Technology Transfer to the Former Eastern Bloc Nations: Lessons the East Can Learn from the Failed New International Economic Order, Harvard Journal of Law and Technology, 1991.