|1445 Ross Avenue|
Dallas, TX 75202
Mark Johansen's practice focuses on complex commercial litigation in state and federal courts. He also regularly represents clients in arbitration proceedings before the American Arbitration Association (AAA), Judicial Arbitration and Mediation Services (JAMS), and the Financial Industry Regulatory Authority (FINRA).
Mark has handled litigation and arbitrations involving mergers and acquisitions, contract disputes, business torts, labor/employment, trade secrets, securities/shareholder litigation and professional liability. In addition, Mark has conducted internal corporate investigations involving allegations of fraud and ethics violations. He has represented clients in a number of industries including energy, financial services, healthcare, insurance, manufacturing, private equity, real estate and technology.
- Represented Dallas-based public company and its Board of Directors in shareholder derivative litigation arising from $1B tender offer. Defeated three applications for injunctive relief, which permitted tender offer to proceed. Defeated $7M claim for attorneys' fees and forced nuisance value settlement of lead Plaintiff's claims.
- Represented minority shareholders in breach of fiduciary duty and oppression suit against majority shareholders/directors. Obtained favorable settlement for client
- Represented bank holding company officer/director in Federal Reserve enforcement proceeding involving claims under Federal Change in Bank Control Act. Obtained favorable settlement for client
- 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 $1B; obtained summary judgment for client
- Represented international equipment manufacturer in case involving claims of breach of contract and fraud in which the plaintiff alleged damages of $1.3M; unanimous jury verdict for client
- Represented national pharmaceutical company in arbitration proceeding in breach of contract case related to large-scale software implementation; obtained arbitration award in favor of client
- Represented hospital against Big Four accounting firm in arbitration proceeding involving negligent audits of hospital resulting in $30M overstatement of accounts receivable; obtained arbitration award in favor of client
- Represented Dallas-based private equity firm in suit arising from acquisition of global insurance/reinsurance brokerage organization. Plaintiff alleged damages of approximately $15M, based upon alleged value of adverse party's interest in acquired company. Obtained favorable settlement for client
- Represented Hollywood actor, director and producer in high profile litigation in Los Angeles Superior Court. Case was ancillary to litigation between motion picture production company and European film distribution company involving claims of breach of contract and fraud concerning multi-picture distribution agreement. Obtained favorable settlement for client.
- Represented investment banking firm in litigation arising from sale of insurance business. Adverse party brought claims for fraud and breach of fiduciary duty and sought damages of $18M. Obtained summary judgment and dismissal of all claims against client.
- Represented individual plaintiffs against professional services company in case involving claims of breach of contract, fraud, negligent misrepresentation and deceptive trade practices. Following two-week jury trial, jury returned verdict on all claims in favor of clients. Total judgment entered for $1.9M.
- 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 entirety, and case settled on terms favorable to client during jury trial.
- Represented Sellers of several rehabilitation hospitals in suit against Buyer in Delaware Chancery Court in which Sellers asserted claims for breach of contract under Asset Purchase Agreement. Seller sought recovery of $4M in damages. Following discovery and mediation, case settled on terms favorable to client.
- Represented international securities firm and broker-dealer in FINRA arbitration against former financial advisor employee in suit to recover amounts due under forgivable promissory note. Former employee denied liability and counterclaimed for $3.3M in damages. Arbitration panel awarded client full amount of loan indebtedness and denied the former employee's counterclaim in the entirety.
- Breach of contract cases
- Breach of fiduciary duty, fraud and tortious interference cases
- Officers and Directors liability
- Trade secret litigation
Labor / Employment Litigation
- Prosecute and defend claims involving breach of employment agreements
- Prosecute and defend claims involving non-compete agreements and confidentiality agreements
- Prosecute and defend claims regarding executive compensation packages and stock options
- Prosecute and defend employee raiding cases
- Trade secret litigation
- Trademark litigation
Securities and Shareholders Litigation
- Prosecute and defend litigation involving shareholder disputes
- Minority shareholder oppression cases
- Shareholder derivative suits
- Broker/dealer litigation and arbitration
Professional / Civic Affiliations
- Member, State Bar of Texas
- Dallas Bar Association - Business Litigation Section
- Life Fellow, Dallas Bar Association
- Fellow, Texas Bar Foundation
- Master, William (Mac) Taylor Inn of Court
- Past Director, Big Brothers & Sisters of Metropolitan Dallas
Honors and Awards
- Recognized by Texas Monthly as a Texas Super Lawyer 2003-2015
- AV rated by Martindale-Hubbell
- Selected as a "Best Lawyer in Dallas" in the area of Business Litigation by D Magazine, 2014, 2015
University of Oklahoma, J.D., 1986
The University of Texas at Austin, B.B.A., Finance, 1983
Admitted to Practice
State Bar of Texas, 1986
U.S. District Courts for the Northern, Eastern and Southern District of Texas
U.S. Courts of Appeals for the Fifth and D.C. Circuits