hero-find-an-arbitrator

Phone: (214) 389-5323

2711 N. Haskell Ave, Ste. 3100

Dallas, Texas 75204

Mark Shank

Profession:

Attorney/Arbitrator/Mediator

Current Employer:

Diamond McCarthy LLP

Areas of Expertise:

✔ ADA Disability ✔ Appellate
✔ Banking & finance ✔ Class Actions
✔ Commercial/Business ✔ Contract Disputes
✔ Defamation (Libel & Slander) ✔ EEOC
✔ Employment ✔ Executive Compensation
✔ Family Businesses ✔ Franchise
✔ Health Care ✔ Insurance
✔ Intellectual Property ✔ Internet
✔ Joint Ventures ✔ Labor/Unions
✔ Legal Malpractice ✔ Non-profit Organizations
✔ Nursing Homes ✔ Partnerships
✔ Personal Injury ✔ Pharmaceuticals
✔ Premises Liability ✔ Professional Fees
✔ Professional Liability ✔ Professional Malpractice
✔ Professional Negligence ✔ Shareholder Disputes
✔ Software ✔ Technology
✔ Telecommunications ✔ Trade Secrets and Confidentiality Disputes
✔ Transportation

Experience:

Arbitrator since 1996 on American Arbitration Association (AAA), American Health Lawyers Association (AHLA), Chartered Institute of Arbitrators (CIArb), Dispute Solutions, Inc. (DSI) panels. Named as a neutral arbitrator more than 250 times since 1996. Extensive experience as chair of arbitrator panels and as sole neutral arbitrator.

Work History:

Senior Counsel Diamond McCarthy, LLP – 2711 N. Haskell Avenue, Suite 3100, Dallas, TX Practicing Labor and Employment and Commercial Litigation Managing Partner Gruber Hail Johansen Shank, LLP – 1445 Ross Avenue, Suite 2500, Dallas, TX Partner in charge of Labor and Employment and Commercial Litigation Practice Partner KL Gates – Dallas, TX Partner, Practicing Labor and Employment and Commercial Litigation KL Gates merged with Hughes and Luce January 1, 2008 Partner Hughes and Luce – Dallas, TX Partner practicing Labor and Employment Law and Commercial Litigation Partner Clark, West, Keller, Butler & Elis – Dallas, TX Practiced Labor and Employment and Commercial Litigation

Training:

AAA/ICDR/AAA Mediation.org Panel Conference, 2019; Arbitrator Performance and Demeanor ~ Meeting Participant Expectations, 2018; Arbitration Advocacy, 2017 AAA Chairing an Arbitration Panel (ACE05), 2017; AAA Dealing with Difficult Attorneys in Arbitration, ACE13, 2016; How to Make Arbitration Work for You, 2016 AAA/ICDR/Mediation.org Panel Conference, 2016; Expedited Arbitration Rules (DFW-ASG), 2015 Equitable & Non-Monetary Relief by Arbitrators (DFW-ASG), 2015 Arbitration Awards (DFW-ASG), 2015 The Dispute Resolution Center: Mediation Tips and Traps from the Field (DBA), 2015 Perspective from the Head of the Table: Arbitrator’s Point of View (DBA), 2015, 2016, 2017 AAA eDiscovery: Arbitration in a Digital World (ACE012), 2015; AAA Top Techniques for Improving Arbitration Case Management Efficiency, 2015; AAA/ICDR International Arbitration Rules (DFW-ASG), 2014 Issues in Employment Arbitration (DFW-ASG), 2014 AAA Conducting Research & Investigations: The Arbitrator's Authority (ACE9) 2014; Drafting Enforceable and Practical Arbitration Clauses (DFW-ASG), 2014 Preliminary Hearing, Initial Procedures and Scheduling Order in Arbitration (DFW-ASG), 2013 Chairing the Arbitration Panel and the Dynamics of the Three Person Panel (DFW-ASG), 2013 Writing Your Disclosure, Scheduling Order and Award to Reduce Opportunities for Vacatur (DFW-ASG), 2013 Update on Disclosures and Evident Partiality (DFW-ASG), 2013 Texas Law of Arbitrator Disclosure and Award Vacatur (DFW-ASG ), 2012 Handling Dispositive Motions and Evidentiary Objections in Arbitration (DFW-ASG), 2012 AAA Managing the Arbitration Process for Efficiency & Economy Following the Preliminary Hearing, 2012; Arbitration of Employment Cases (DBA), 2011 AAA, ADR Strategies That Save Time and Money, 2010; ADR Strategies that Maximize Corporate Value (AAA), 2010 AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards (ACE001), 2010; DBA, Annual Labor and Employment Law Update, 2009; AAA Arbitrator Ethics & Disclosure (ACE003), 2007, 2004; AAA Dealing With Delay Tactics in Arbitration (ACE004), 2005; AAA Arbitrator Update, 2002; AAA Employment Arbitrator II Training: Advanced Case Management Issues, 2002; Faculty, AAA Employment Arbitrator Training, 1999; Faculty, AAA Panel Retreat, 1997; AAA Employment Arbitrator Training, 1996.

License:

State Bar of Missouri – 1979 State Bar of Texas – 1981 U.S. Supreme Court – 1981 U.S. Court of Appeals, Fifth Circuit – 1982 U.S. District Courts, Northern, Southern, Western and Eastern Districts of Texas – 1982 U.S. District, Western District of Missouri – 1979

Awards:

Texas Bar Foundation Dan Rugeley Price Award, June 2018 Dallas Bar Foundation Fellows Justinian Award, 2016 D CEO Dallas 500 2016 – The Most Powerful Business Leaders in Dallas-Fort Worth Fellow, American Board of Trial Advocates Most Powerful Labor and Employment Lawyers, 2010 – Human Resource Executive Texas Super Lawyer, Law & Politics Magazine and Texas Monthly, 2003-present Top 100 Lawyers in Texas Top 100 Lawyers in Dallas Best Lawyers Annual Guide to Labor & Employment Law, Corporate Counsel, 2008-present Best Lawyers in Dallas, D Magazine, 2001-present Best Lawyers in America, Commercial Litigation and Labor & Employment Litigation, 1995-Present The World's Leading Business Lawyers, Chambers and Partners, London DAYL Foundation Award of Excellence, November 2006 Judge Sam Williams Local Bar Leadership Award 2005-2006 President's Citation of Merit, State Bar of Texas, 2003

Panels:

American Arbitration Association, 1996 Dispute Solutions, Inc., 2006 Hearing Officer, Dallas County Community College District, 2009 American Health Lawyers Association, 2014 Chartered Institute of Arbitrators, 2018

Associations:

Fellow, College of Commercial Arbitrators Fellow, Chartered Institute of Arbitrators Fellow, College of Labor & Employment Arbitrators State Bar of Texas, (Former Director of Board) Dallas Bar Association (former President) Texas State Bar Foundation (Former Chair) Dallas Bar Foundation (former Chair) ABOTA

Education:

Southwest Missouri State University (B.S., magna cum laude, 1976) University of Missouri – Columbia School of Law (J.D., 1979) Southwest Methodist University – Dedman School of Law (LL.M., 1984)

Publications:

1. The Future of Civil Litigation, the Future of Arbitration, Texas Bar, 2009 2. How to Ensure an Arbitrator is Conflict-Free, Texas Lawyer, 2012 3. How to Select Your Arbitrator, Texas Bar, 1998 4. Texas Litigators’ Guide to Departing Employee Cases – Chapter 4 Arbitration ALM, 2014, 2018 5. Annual Employment Law Seminar, Dallas Bar Association, 2010-2014 (including Section on Arbitration) 6. Damages in Civil Litigation, Texas Bar Association, 2019

Miscellaneous:

Adjunct Professor, SMU School of Law, 2009-present; Competitive Barefoot Skier

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