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.
Mark regularly handles litigation on the following types of matters:
- Breach of contract, breach of fiduciary duty, fraud and tortious interference
- Broker/dealer litigation and arbitration
- Shareholder disputes and shareholder derivative suits
- Officers and Directors liability
- Breach of employment agreements, non-compete agreements and confidentiality agreements
- High net worth probate and estates
For nearly 30 years, Mark has represented businesses in complex, high-exposure business disputes with an unyielding commitment. Here's a look at a sample of his clients and how he helped them:
Mergers and Acquisitions Litigation
- 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 $1 billion; obtained summary judgment for client.
- Represented Dallas-based private equity firm in suit arising from acquisition of global insurance/reinsurance brokerage organization. Plaintiff alleged damages of approximately $15 million, based upon alleged value of adverse party's interest in acquired company. Case settled.
- 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 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 $4 million in damages. Following discovery and mediation, case settled.
- Represented Dallas-based public company and its Board of Directors in shareholder derivative litigation arising from $1 billion tender offer. Defeated three applications or injunctive relief, which permitted tender offer to proceed. Defeated $7M claim for attorneys' fees and forced nuisance value settlement of lead Plaintiff's claims.
Contract and Fraud Cases
- Represented international equipment manufacturer in case involving claims of breach of contract and fraud in which the plaintiff alleged damages of $1.3 million; unanimous jury verdict for client.
- Represented Hollywood actor, director and producer in high profile litigation in Los Angeles Superior Court. Case was ancillary to litigation between a motion picture production company and a European film distribution company involving claims of breach of contract and fraud concerning a multi-picture distribution agreement. Case settled following mediation.
- 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.
- 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 $18 million. Obtained summary judgment and dismissal of all claims against client.
- Represented hospital against Big Four accounting firm in arbitration proceeding involving negligent audits of hospital resulting in $30 million overstatement of accounts receivable; obtained arbitration award in favor of 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 $3.3 million in damages. Arbitration panel awarded client full amount of loan indebtedness and denied the former employee's counterclaim in the entirety.