Mark Clark focuses his practice in civil defense litigation and arbitration. He is licensed in four Gulf Coast states, with offices in Houston and New Orleans, extending the firm’s reach to its clients across the Gulf of Mexico. His Gulf Coast practice has given him particular experience in handling first party storm related losses in both the commercial property and marine context.
While Mr. Clark’s focus is on marine, energy and environmental claims he has experience in a wide variety of litigation including employer's liability, construction defect, commercial auto, personal injury, bad faith, insurance coverage, products liability, mass tort and occupational disease (including exposures to Asbestos, Silica, T-Norm and Benzene). In addition to having extensive experience in state and federal litigation, he has a background in arbitrating domestic and international matters in a variety of disputes, including construction, maritime contract claims, voluntary comp policies and insurance coverage issues. He has examined hundreds of insurance policies and is well versed in all forms of general liability, employer’s liability, property, energy, pollution, all-risk, excess, bumbershoot, and maritime policies, including hull, collision and P&I disputes. His insurance knowledge helps to give the firm’s clients the best possible outcome in complex matters involving intricate insurance coverage issues.
Mr. Clark also performs a significant amount of work on commercial matters including breach of contract, fraud, collections and litigating disputes with regard to the Louisiana and Texas anti-indemnity statutes.
During a career that spans more than two decades, Mr. Clark has successfully navigated hundreds of complex lawsuits to favorable and efficient resolution for his clients. Starting out from law school, he tried more than 40 jury trials as a prosecutor in Harris County, Texas. He then led prosecutors through dozens of jury trials as chief prosecutor. His leadership skills were further developed when he served for eight years as managing shareholder of the New Orleans office of a well-known litigation firm.
He frequently serves as a CLE speaker and as a CE speaker to private clients and trade organizations. He has also served as a special invitation speaker before the International Association of Asbestos and Pollution Re Insurers, in Cologne, Germany.
- Insurance Coverage and Litigation – Mr. Clark has defended insurers in insurance bad faith claims as well has having written hundreds of coverage opinions.
- Indemnity – Represented clients in dozens of lawsuits and third party claims concerning defense and indemnity demands in Maritime, Louisiana Oilfield, Texas Oilfield and construction claims.
- Black Elk West Delta 32 Explosion – Mr. Clark represented a major excess carrier in relation to the trial and settlement of a major offshore explosion involving 18 plaintiffs and several defendants.
- Traumatic Brain Injury – Mr. Clark defended an offshore energy service company in relation to a commercial auto incident involving a traumatic brain injury to an offshore worker.
- On Shore Injury to Rough Neck – Mr. Clark defended a drilling consultant in an on shore blow out case which severely injured a member of the drilling crew.
- Jones Act Representation – Mr. Clark has defended numerous vessel owners and offshore employers in dozens of Jones Act claims.
- Longshore and Harbor Workers Compensation – Mr. Clark has defended numerous employers in hundreds of Longshore matters over the past 18 years.
- Environmental – Mr. Clark has defended personal injury claims arising from environmental exposures including oil spills, blow outs and pollution for drilling fluid stored in unlined earthen pits. Mr. Clark has also defended insurers in coverage litigation related to claims for damages caused by pollution, pollution clean up and restoration, including Louisiana coastal erosion claims.
- Wrongful Death –Mr. Clark has defended clients in several cases concerning wrongful death in the both land based tort and maritime tort claims.
- Commercial Auto – Mr. Clark has handled dozens of trucking claims including paralysis, traumatic brain injury, wrongful death and other injuries primarily arising in the energy or oilfield context.
- State Workers’ Compensation – Mr. Clark has represented workers’ compensation carriers (both primary and excess) in dozens of state workers’ compensation claims including medical provider disputes, coverage disputes and direct defense of compensation claims.
- International Arbitration – Among Mr. Clark’s arbitration highlights he has successfully prosecuted a claim of defective construction of Crew Boat against a boat builder, defended an intellectual property claim with regard to subsea equipment, defended insurers in various arbitrated coverage disputes and has defended clients when personal injury claims are sent to arbitration.
- Construction Defect – Mr. Clark has defended numerous construction defect claims with relation to the construction of commercial and multi-family residential matters.
- South Texas College of Law (J.D., 1993)
- Abilene Christian University (B.A. Political Science, 1990)
- Alabama, 2014
- Mississippi, 2007
- Louisiana, 2007
- Texas, 1994
- United States Court of Appeals, Fifth Circuit
- United States District Court, Southern and Eastern Districts of Texas
- United States District Court, Middle, Western and Eastern Districts of Louisiana
- United States District Court, Northern and Southern Districts of Mississippi
- United States District Court, Northern, Middle and Southern Districts of Mississippi
Professional and Community Activities
- International Association of Defense Counsel
- Fellow Texas Bar Association
- Houston Mariners Club Member
- Life Fellow, Houston Young Lawyers Association
- Lakewood Property Owners Association—President
- Houston Bar Association
- New Orleans Bar Association
- American Bar Association
- Member-Port Bureau of Houston
- Texas Association of Defense Counsel
- Institute for Energy Law - Member
Speeches and Presentations
- In Re Larry Doiron, Inc. Panel Discussion, Tulane Admiralty Law Institute, New Orleans, LA, March 1, 2018.
- In Re Larry Doiron, Inc. Overview, Houston Mariner's Club, Houston, TX, February 27, 2018.
- Unseaworthiness and Punitive Damages,Thompson Coe webinar, January 2018.
- Punitive Damages for Unseaworthiness: Tabingo or McBride which approach will prevail,Presented to Private Client Group, London, England, April 2017
- Hull and P&I Coverage in the Energy Marine Context. Private Client Group, Houston, Texas, March 2017
- Troublesome Contractors: The Impact of Bridging Agreements on Work Place Safety Rules, Conduct Policies and Litigation Exposures, Houston Association of Corporate Counsel, February, 2017
- Strategies for Defending Against Traumatic Brain Injury Cases, National Webinar, January 2017
- Bad Faith Issues in Uninsured Motorist Claims: Real World Problems and Real World Solutions, New Orleans, Louisiana, December 19, 2016.
- Litigating Bad Faith Insurance Disputes in Louisiana, National Business Institute, New Orleans, Louisiana, December, 2015.
- Panelist on Oilfield Construction Liabilities. Energi Insurance Services Summit, Washington D.C., October, 2015.
- Louisiana Damages and Settlement Negotiations. Presented to NBI CLE course in New Orleans, Louisiana September, 2015.
- A primer on Defense and Indemnity Obligations in Gulf Coast Oil Exploration Matters, presented as a Webiner to a national audience of energy companies, February 2015.
- Louisiana Evidence: Understanding the proper way to authenticate and challenge exhibits and expert testimony under the Rules of Civil Procedure. National Business Institute, New Orleans, Louisiana, November, 2014.
- The Lodwick v. Chevron Impact on Limited Pollution Buyback Endorsements, presented December 5, 2013 to the International Association of Asbestos and Pollution Insurers in Cologne, Germany.
- Legacy Oilfield Pollution Claims, Charles Taylor Adjusting, London, England, September 2013.
- Primer on Maritime Remedies; Canopius Underwriting and Claims, London, England, September 2013.
- Defense, Indemnity and Additional Insured Issues in the BP Oil Spill, Private Client CE; May and August, 2013.
- Advanced Uninsured/ Underinsured Motorist Law; National Business Institute, August, 2013.
- Handling Complex Auto Insurance Coverage Disputes; National Business Institute, December 2012.
- Litigating Uninsured Motorist Claims in Louisiana; National Business Institute CE; New Orleans Louisiana, August 2011.
- Litigating Louisiana Bad Faith Claims; National Business Institute CE; New Orleans, Louisiana – Presented 3 times: March 2010, August 2011; and April 2011.
- Special Challenges of Immigration in Workers Compensation Matters; CEU Institute; Dallas, Texas, March 2011.
- Medicare and its Interests in Workers Compensation/ Longshore Settlements: Presented to ESIS Claims Unit; September 2010.
- Mississippi Workers’ Compensation, Presented to ACE USA, January 2010.
- Remedies Under the Longshore Act; Presented to American Longshore Mutual Association; July, 2009.
- The Jones Act and Maritime Remedies; Presented to Private Client, June 2008.
- Application of DOT Regulations in Trucking Litigation, Lohrman Education Services, March 2008.
- Primer on Maritime Personal Injury, Presented to Private Client, July 2006.
- Trials and Tribulations: Claims Investigations, Privileges and Surprises,Claims Association, presented February 6, 2005.
- Practical Advice on Workers’ Compensation and Employment Issues: presented on May 20, 2005 to School District Administrators.
- Advanced Topics in Workers’ Compensation and Employment Law:Lohrman Education Services, Houston, Texas December 2004.
- GATT Tuna Decision: International Trade and Environmentalism: Currents International Trade Law Journal, Winter 1992.