• Trial
  • Commercial Litigation
• Energy Industry Team

Mark Mayfield is a senior member of the Trial Practice Group of the firm. He has significant litigation and first chair trial experience on both sides of the docket in state and federal courts and various administrative agencies. This experience includes the representation of publicly and privately held entities, manufacturers, financial institutions, public utilities, oil and gas producers, construction companies, individuals and entrepreneurs in a variety of matters, including contract disputes, environmental matters, securities litigation, trade secret protection, copyright infringement, royalty issues, partnership disputes, real estate and construction matters, and fiduciary litigation.

Mr. Mayfield represents clients in a wide variety of industries, including:

• Technology
• Energy and Telecommunications
• Real Estate
• Construction
• Financial Institutions
• Insurance
• Securities

His representative matters include:

General Business

• Frequent representation of individuals in partnership disputes and business dissolutions.
• Frequent representation of businesses and individuals in matters involving temporary restraining orders, injunctive relief and other extraordinary remedies.

Securities/Corporate Governance

• Representation of investors against publicly traded technology company and various officers and directors alleging violation of securities laws, fraud, negligent misrepresentation and breach of contract. Favorable settlement obtained.
• Representation of principal defendant in defense of claims alleging breach of fiduciary duty, fraud and statutory fraud, negligent misrepresentation and breach of contract arising out of principal defendant’s status as a director.

Energy and Telecommunications

• Representation of mineral interest owners against oil and gas producer for wrongful plugging of gas well. Favorable settlement obtained following second day of trial.
• Representation of board of directors of Internet startup against claims by disgruntled shareholder alleging breach of fiduciary duty, fraud and statutory fraud, conspiracy and negligent misrepresentation.
• Representation of private landowner against large oil and gas producer for claims of nuisance. Favorable jury verdict obtained.
• Representation in state and federal court of publicly held energy company in connection with property damage claims arising from explosion of propane storage facility.
• Representation of mineral interest and surface owners in adverse possession action involving producing property in South East Texas.
• Representation of publicly held energy company in prosecution of claims against service provider arising from explosion of propane storage facility. Favorable settlement obtained on third day of trial.
• Numerous contested hearings on behalf of utilities, producers and individuals before the Railroad Commission of Texas, the Public Utility Commission of Texas, the Texas Commission on Environmental Quality and various other regulatory agencies.

Intellectual Property

• Ongoing local counsel representation of several Fortune 500 national retailers in patent infringement litigation pending in Texas federal court.
• Representation of import/export company against claims of trade dress infringement in United States District Court, Western Division of Texas, Austin Division.
• Representation of plastics manufacturer against former member of management team in connection with violations of confidentiality agreement.
• Representation of plastics manufacturer against former employee in connection with misappropriation of proprietary information.
• Representation of estate of well known musician in defense of claims of copyright infringement.
• Representation of investors against publicly traded technology company and various officers and directors alleging violation of securities laws, fraud, negligent misrepresentation and breach of contract. Favorable settlement obtained.

Environmental

• Defense of a Class "A" pari-mutuel racetrack facility in Fort Worth federal court in a private attorney general action under the federal Clean Water Act, with pendant claims of injunctive relief, nuisance and trespass.

Professional Malpractice

• Co-counsel in representation of plaintiff in legal malpractice case, resulting in largest jury verdict in history of Comal County, Texas.

• J.D., Baylor Law School (1990)
• B.A., The University of Texas at Austin, with honors (1987)

• Admitted to practice before:
  • Texas State Courts
  • U.S. District Court for the Eastern and Western Districts of Texas
• Member, State Bar of Texas
• Member, Texas Bar Foundation

• Recognized, Texas Super Lawyer, Law & Politics Media Inc. as published in Texas Monthly Magazine (2006)

• Life Member, University of Texas Ex-Student's Association
• Lifetime Member, Baylor Law Alumni
• Member, Austin Admirals Club
• Past-President, Pemberton Heights Neighborhood Association