Mark Trachtenberg

Practices

Education and Clerkships

J.D., Yale Law School, 1998, Editor, Yale Law Journal

B.A., University of Pennsylvania, 1994, summa cum laude; Phi Beta Kappa

  • Law Clerk, the Honorable Lee H. Rosenthal, United States District Judge for the Southern District of Texas (1998-99)

Admissions

Texas

Court Admissions

United States Supreme Court

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Eleventh Circuit

U.S. District Court for the Southern District of Texas

U.S. District Court for the Eastern District of Texas

U.S. District Court for the Western District of Texas

Profile

Mark Trachtenberg, recognized since 2016 as one of the top 100 lawyers in Houston by Texas Super Lawyers, Thomson Reuters, has been involved in many high profile cases in Texas, recently serving as lead counsel at trial and on appeal for a coalition of 88 school districts in a lawsuit challenging the constitutionality of the state’s school finance system. His list of major accomplishments for clients include:

  • Obtaining a summary judgment in a False Claims Act case in which the plaintiffs had sought billions in damages against a major oil company and successfully defending the appeal of the take-nothing judgment in the Fifth Circuit
  • Successfully defending a Fifth Circuit appeal of a $3.6 billion bankruptcy plan of reorganization
  • Obtaining a reversal in the Texas Supreme Court of a $14 million products liability judgment
  • Successfully resolving a prior school finance lawsuit that resulted in an infusion of more than $2 billion for public schools in Texas

Mark heads the firm’s Houston office as its administrative partner. He is also a partner in the firm’s appellate section and is board certified in civil appellate law by the Texas Board of Legal Specialization.

Mark recently served by appointment on the Executive Committee of the Yale Law School Association and was selected as a member of the American Law Institute. He has been recognized by The Best Lawyers in America, Woodward/White, Inc., for Appellate and Commercial Litigation, 2016-2019; named a Texas Super Lawyer, Thomson Reuters, in appellate law, 2013-2018; a “Future Star” by Benchmark Litigation, Euromoney Institutional Investor PLC, 2013-2018; and was profiled in the cover article of the 2010 Texas Super Lawyers magazine - Rising Stars Edition, Thomson Reuters.

Mark also is a leader in the bar and in his community. He is the chair of the Appellate Practice Section of the Houston Bar Association, and recently served as chair of the Appellate Subcommittee of the Business and Corporate Litigation Committee of the American Bar Association’s Business Law Section. He is a life fellow of the Texas Bar Foundation, and also serves on the Board of Directors of the Texas Supreme Court Historical Society. Outside the office, Mark serves as a vice-chair of the Southwest Region of the Anti-Defamation League and on its National Civil Rights Committee, and is a member of the Education Policy Committee of the United Way of Greater Houston.

Mark also writes and speaks prolifically on a wide variety of topics, with a recent focus on arbitration issues, oil and gas law, and Texas Supreme Court trends. Recently, he has spoken before the State Bar’s Advanced Civil Appellate Practice Course, the State Bar’s Advanced Civil Trial Course and Advanced Trial Strategies Course, the State Bar's Practice before the Texas Supreme Court course, and the Bench/Bar Conference for the Northern District of Texas.

Recognition

Best Lawyers

Haynes and Boone Recognized in Best Lawyers in America 2019

Best Lawyers in America 2019 has featured 111 Haynes and Boone lawyers in its annual referral guide of outstanding lawyers throughout the U.S.


Published by Woodward/White, Inc. in August 2018

Appellate

Lynne Liberato, Mark Trachtenberg and Will Feldman

Appellate Team Obtains False Claims Act Win From Fifth Circuit

In a significant opinion, the Fifth Circuit on March 14 upheld a take-nothing judgment on plaintiffs' False Claims Act and OCSLA claims, through which plaintiffs had sought a multi-billion dollar recovery and an injunction shutting down an offshore production facility.

Honors

Super Lawyers

Texas Super Lawyers Features 57 Haynes and Boone Lawyers

Texas Super Lawyers recognized 57 Haynes and Boone lawyers in the 2018 edition of the annual directory published by Thomson Reuters. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. 

Professional and Community Activities

  • Chair, Appellate Subcommittee of the Business and Corporate Litigation Committee of the American Bar Association's Business Law Section
  • Chair of the Appellate Practice Section of the Houston Bar Association
  • Member, Executive Committee of the Yale Law School Association, 2015-2017
  • Member, American Law Institute (ALI)
  • Board member, Houston Volunteer Lawyers, 2017-2018
  • Board member, Texas Supreme Court Historical Society
  • Board member, The Houston Lawyer editorial board, 2005-2011
  • Fellow, Texas Bar Foundation
  • Member, Education Council, United Way of Greater Houston
  • Frequent speaker at State Bar and Houston Bar Association Continuing Legal Education programs, on a variety of topics, including arbitration-related litigation, the Texas Supreme Court, school finance litigation, and oil and gas law
  • Vice Chair, Anti-Defamation League, Southwest Region
  • Special Assistant Disciplinary Counsel, Texas Commission for Lawyer Discipline 

Selected Publications and Speeches

  • “Arbitration-Related Litigation in Texas,” co-author and presenter, TexasBarCLE's 10th Annual Business Disputes Course, Austin, Texas, September 26, 2018. View the presentation and paper.
  • Fifth Circuit Update,” speaker, TexasBarCLE’s 32nd Annual Course: Advanced Civil Appellate Practice, Austin, Texas, September 6, 2018.
  • “Preservation of Error,” speaker, TexasBarCLE’s 41st Annual Course: Advanced Civil Trial, Dallas, Texas, August 23, 2018.
  • “Strategies for Preparing the Respondent's Brief on the Merits in the Texas Surpreme Court,” presentation at the State Bar of Texas’ Practice Before the Texas Surpreme Court course, Austin, Texas, April 28, 2017.
  • Effective Use of Technology on Appeal,” presentation at the American Bar Association Business Law Section’s Spring Meeting, April 7, 2017.
  • “Preservation of Error,” presentation to the State Bar of Texas, 6th Annual Advanced Trial Strategies Course, New Orleans, Louisiana, February 10, 2017.
  • "Arbitration-Related Litigation in Texas," presentation to the State Bar of Texas, 30th Annual Advanced Civil Appellate Practice, September 8-9, 2016.
  • "Texas Supreme Court Update: Focus on Business, Energy and Interesting Cases," presentation to the Association of Corporate Counsel Houston, April 22, 2016.
  • "Recent Developments in Business and Corporate Litigation Chapter 2: Appellate Practice," co-author, American Bar Association, June 2016.

Professional Recognition

  • Recognized in The Best Lawyers in America, Woodward/White, Inc., for Appellate and Commercial Litigation, 2016-2019
  • Board Certified in Civil Appellate Law, Texas Board of Legal Specialization
  • Recognized as one of the top 100 lawyers in Houston by Texas Super Lawyers, Thomson Reuters, 2016-2018
  • Selected for inclusion in Texas Super Lawyers, Thomson Reuters, 2013-2018
  • Selected for inclusion in Texas Super Lawyers - Rising Stars Edition, Thomson Reuters, 2004-2013
  • Named a Future Star in Benchmark Litigation, Euromoney Institutional Investor PLC, 2013-2018
  • Profiled in cover article of 2010 Texas Super Lawyers magazine - Rising Stars Edition, Thomson Reuters, 2010
  • Named as a Top Lawyer in Houston by H Texas magazine, H Texas Partners, 2009, 2010, 2012, 2013, 2014

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