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Mark W. Bayer
Partner, Trial
1601 Elm Street
Suite 3000
Dallas,
Texas
75201
Phone:
214.999.4521
Fax:
214.999.3521
mbayer@gardere.com
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Area(s) of Expertise
- Trial
- Arbitration/ADR
- Antitrust and Trade Litigation
- Class Action Defense
- Commercial Litigation
- Financial Crisis Recovery Team
- Intellectual Property Litigation
- Securities Litigation
- Antitrust Specialty Practice Group
- Financial Crisis Recovery Team
Practice Emphasis
Mark Bayer has more than 28 years of major case litigation experience. His emphasis is on antitrust, distribution issues, theft of trade secrets, intellectual property, class actions and other complex litigation. He is listed in The Best Lawyers in America, and Chambers USA: America’s Leading Lawyers for Business. Mr. Bayer has also been recognized by Law & Politics Media Inc. as a Texas Super Lawyer for Antitrust Law.
Clients and Matters
Mr. Bayer’s clients have included:
- Allied Waste Industries, Inc.
- American International Group, Inc.
- Brach’s Confections, Inc.
- Cardinal Investment Company
- Denton County Electric Cooperative, Inc.
- Essilor of America, Inc.
- Experian Corporation
- ISO Claims Services, Inc.
- Merrill Lynch
- Physician’s Mutual Life Insurance Company
- Prudential Securities, Inc.
- Sterilite Corporation
- Stroh's, Inc.
- TetraPak, Inc.
Mr. Bayer’s representative matters include:
- Defended a major scrap metal dealer against predatory pricing claims brought in El Paso, Texas. The client prevailed after a one-week jury trial.
- Defended 2 major national insurers in class action suits brought by purchasers of workers compensation insurance in 17 states, alleging a conspiracy among carriers to fix prices. Served on the Executive Committee, which coordinated the defense of all defendants in each case.
- Defended major US charity against class action conspiracy claims brought in the Northern District of Texas.
- Defended major international supplier of specialty steel pipe against class action claims brought in the Southern District of Texas.
- Defended regional supermarket chain against claims of attempted monopolization and conspiracy to restrain trade brought in the Western District of Texas.
Education
- J.D., Columbia Law School (1981)
- A.B., Bowdoin College (1981)
Publications
Publications
- Author, 2002 – 2009 Annual Survey of Texas Class Action Cases, Tex. Bus. Litig. (Winter 2003 – 2010).
- Author, Large Tech Firm: Beware of Obama Administration's Antitrust Plans, E-Com. Times, July 2, 2009.
- Author, Budgeting (Is Not) For Dummies, The Texas General Counsel Forum (May 2006) (authored paper for forum proceedings).
- Contributing Author, State Action Practice Manual, 2000 A.B.A. Sec. of Antitrust L.
Speeches
- Speaker, Address to the State Bar of Texas Antitrust and Business Litigation Section: 2009 Antitrust and Business Litigation Updates (2009).
- Speaker, Address to the WS Society: Antitrust Litigation from the U.S. Perspective, Edinburgh, Scotland (2008).
- Speaker, Address at the Texas Antitrust and Business Litigation Seminar: Class Action Update (2005).
- Speaker, Address to the American Subcontractors Association: Antitrust Issues Facing Subcontractors (1998).
Other Engagements
- Panelist, Dallas Bar Association Antitrust Section: Recent Developments in Class Actions (1999).
- Panelist, ABA Antitrust Section Spring Meeting: State Action Doctrine (1999).
Professional Affiliations
- Admitted to practice before:
- Texas State Courts
- U.S. District Courts for all districts of Texas
- U.S. District Court for the Eastern District of Wisconsin
- U.S. Court of Appeals for the Second, Fifth, Tenth and Eleventh Circuits
- Texas Supreme Court
- U.S. Supreme Court
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Member, State Bar of Texas
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Antitrust Section
- Litigation Section
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Member, American Bar Association
- Antitrust Section
- Litigation Section
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Member, Dallas Bar Association
- Antitrust and Trade Regulation Law Section
- Former Chair
- Fellow, Texas Bar Foundation
- Fellow, Dallas Bar Foundation
- Former Member, N.A.S.D. Board of Arbitrators
Honors and Awards
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Recognized, The Best Lawyers in America (Steven Naifeh & Gregory White Smith eds., Woodward/White, Inc.) (2006 – 2011)
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Recognized, Chambers USA: America's Leading Lawyers for Business (Tom Wicker, ed., Chambers & Partners) (2006, 2007)
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Recognized, Texas Super Lawyer, Law & Politics Media Inc. as published in Texas Monthly Magazine (2007 – 2009)
- Antitrust Litigation
- Business Litigation
- Class Action/Mass Torts
- Highly Recommended, PLC Which Lawyer? (2009)
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Recognized, Who's Who Legal – The International Who's Who of Business Lawyers (Law Business Research Limited) (2007 – 2008)
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Recommended, PLC Cross Border Dispute Resolution Handbook (2003 – Present)
- Recognized, AV Preeminent Rating (5.0 out of 5), Martindale-Hubbell Attorney Directory
Community Involvement
- Director, World Affairs Council of Dallas-Ft. Worth
- Recipient, Bowdoin College Alumni Service Award (2009)
- Class Agent, Bowdoin College Alumni Fund
- Past President, Bowdoin College Alumni Association
News
September 16, 2009
Gardere Attorneys Garner Super Lawyers Honors - More >
August 04, 2009
The Best Lawyers in America' Honors 40 Gardere Attorneys - More >
February 23, 2009
Stanford Investment Litigation Alert - February 2009 - More >
October 13, 2008
Economic Stabilization Act- Financial Crisis Recovery Team Alert - More >
October 08, 2008
The Best Lawyers in America' Honors 36 Gardere Partners - More >
September 17, 2008
Gardere Attorneys Earn Super Lawyers Recognition - More >
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Press Releases
August 09, 2010
'Best Lawyers in America' Honors 41 Gardere Attorneys - More >
September 16, 2009
Gardere Attorneys Garner Super Lawyers Honors - More >
August 04, 2009
The Best Lawyers in America' Honors 40 Gardere Attorneys - More >
June 18, 2009
Mark Bayer Receives Bowdoin College Alumni Service Award - More >
June 08, 2009
Legal 500 Recognizes Gardere for Bankruptcy, Antitrust and Real Estate Practices - More >
October 08, 2008
The Best Lawyers in America' Honors 36 Gardere Partners - More >
September 17, 2008
Gardere Attorneys Earn Super Lawyers Recognition - More >
October 05, 2007
Thirty-four Gardere Attorneys Named 2008 "Best Lawyers in America" - More >
June 24, 2007
Gardere Partners Recognized by Chambers USA - 2007 - More >
September 06, 2006
26 Gardere Attorneys Among 'Best Lawyers In America' - More >
June 08, 2006
Gardere Partners Listed Among Top Business Lawyers-Firm Along with 19 Partners Honored by Chambers USA - More >
August 30, 2005
Twenty-two Gardere Attorneys Named 2006 "Best Lawyers in America" - More >
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April 28, 2010
U.S. DOJ, FTC Solicit Input on Proposed Revised Horizontal Merger Guidelines - Antitrust Alert - More >
May 12, 2009
Obama Administration Will Pursue More Vigorous Antitrust Enforcement - Antitrust Alert - More >
March 10, 2009
AT&T Price-Squeeze Case - Antitrust Alert - More >
February 23, 2009
Stanford Investment Litigation Alert - February 2009 - More >
October 13, 2008
Economic Stabilization Act- Financial Crisis Recovery Team Alert - More >
July 26, 2007
US. Supreme Court Revamps Antitrust Law - Antitrust Alert - More >
May 31, 2004
Putting the Genie Back in the Bottle: Certifying a Class Now More Difficult in Texas - Class Action Alert - More >
May 10, 2010
Federal and State Class Actions - Texas Business Litigation Journal - More >
April 03, 2009
2008 Annual Survey of Fifth Circuit Class Action Cases - Texas Business Litigation Journal - More >
May 22, 2008
2007 Annual Survey of Texas Class Action Cases - Texas Business Litigation Journal - More >
May 31, 2006
Budgeting (Is Not) For Dummies - GC News - Texas General Counsel Forum - More >
January 31, 2006
2005 Annual Survey Of Texas Class Action Cases - Texas Business Litigation Journal - More >
December 31, 2004
2004 Annual Survey of Texas Class Action Cases - Texas Business Litigation Journal - More >
February 29, 2004
2003 Annual Survey of Texas Class Action Cases - Texas Business Litigation Journal - More >
January 31, 2003
2002 Annual Review of Texas Class Action Cases - Texas Business Litigation Journal - More >
May 12, 2002
Business Law Brief "Price Fixing" - More >
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