Mark L. Johansen
Partner
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
214.855.6803
214.855.6808
[email protected]
Assistant
Crystal Clark
[email protected]
214-855-6839
Practices
Commercial / Business
Litigation
Corporate Investigations and
Compliance
Employment Litigation
Securities Litigation
Education
University of Oklahoma, J.D.,
1986
 Shareholder disputes and shareholder derivative suits
The University of Texas at
Austin, B.B.A., Finance, 1983
 Officers and Directors liability
Admissions
 Breach of employment agreements, non-compete
agreements and confidentiality agreements
Texas, 1986
 High net worth probate and estates
Representative Experience
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:
U.S. District Courts for the
Northern, Eastern,
Western and Southern
Districts of Texas
U.S. Courts of Appeals for
the Fifth and D.C. Circuits
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
©2017 Gruber Elrod Johansen Hail Shank LLC | getrial.com
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.
Mark L. Johansen
 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.
Shareholders/Securities Litigation
 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.
Arbitration
 Represented hospital against Big Four accounting firm in
arbitration proceeding involving negligent audits of hospital
resulting in $30 million overstatement of accounts
©2017 Gruber Elrod Johansen Hail Shank LLC | getrial.com
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.
Awards / Recognition
 AV rated by Martindale-Hubbell
 Recognized by Texas Monthly as a Texas Super Lawyer
2003-2016
 Selected as a "Best Lawyer in Dallas" in the area of
Business Litigation by D Magazine, 2014, 2015, 2016, 2017
 Best Lawyers in America for Commercial Litigation, 20162017
Professional / Community
Professional
 Member, State Bar of Texas
 Member, Dallas Bar Association - Business Litigation
Section
 Life Fellow, Dallas Bar Association
 Fellow, Texas Bar Foundation
 Master, William (Mac) Taylor Inn of Court
Community
 Past Director, Big Brothers & Sisters of Metropolitan Dallas
Press Room
D Magazine Names Six Gruber Elrod Johansen Hail Shank
Partners
4.25.2017
Ten Firm Attorneys Recognized in 2016 Texas Super Lawyers
Listing
9.6.2016
Seven Firm Attorneys Named Among “Best Lawyers in America”
8.16.2016
Mark Johansen Offers Trial Prep Advice in Law360
6.28.2016
Four Gruber Elrod Johansen Hail Shank Partners Featured
©2017 Gruber Elrod Johansen Hail Shank LLC | getrial.com
Among Best Lawyers in Dallas
04.21.2016
Eight Firm Attorneys Honored in “Best Lawyers in America”
11.05.15
Gruber Elrod Named to National List of “Best Law Firms”
11.05.15
Twelve Firm Attorneys Recognized in 2015 Texas Super Lawyers
Listing
09.08.15
Five Gruber Elrod Johansen Hail Shank Partners Featured
Among Best Lawyers in Dallas
04.24.15
Two High-Profile Dallas Trial Boutiques Announce Merger
04.01.15
Gruber Hurst Johansen Hail Shank Partners Featured Among
Best Lawyers in Dallas
04.23.14
Eight Attorneys from Gruber Hurst Johansen Hail Shank
Recognized in 2013 Texas Super Lawyers Listing
09.16.13
Mark Johansen comments in The Dallas Morning News on the
defamation dangers in online comments
06.29.13
Mark Johansen Honored in 2012 Top Texas Verdicts List
05.28.13
Gruber Hurst Honored Among Top Ranked Law Firms in Texas
11.08.12
Gruber Hurst Partners Recognized in 2012 Texas Super Lawyers
Listing
09.17.12
Gruber Hurst Honored Among Top Ranked Law Firms in Texas
09.07.12
Nexstar Says Time Warner Rebroadcasts Without Consent
07.17.12
Dallas Law Firm Changes Name to Gruber Hurst Johansen Hail
Shank
05.01.11
Gruber Hurst Attorneys Honored in 2010 Texas Super Lawyers
©2017 Gruber Elrod Johansen Hail Shank LLC | getrial.com
List
09.14.10
Five Gruber Hurst Attorneys Honored in Texas Super Lawyers
List
09.17.09
Four GHJH partners named Texas Super Lawyer 2008 (PDF)
09.17.08
Four GHJH partners named Texas Super Lawyer 2007 (PDF)
09.19.07
Four Partners from Established Litigation Firms Form High-End
Trial Boutique
01.03.06
©2017 Gruber Elrod Johansen Hail Shank LLC | getrial.com