Mark Shank

Attorney/Arbitrator/Mediator at Diamond McCarthy LLP

State Bar of Missouri – 1979 State Bar of Texas – 1981 U.S. Supreme Court – 1981 U.S. Court of Appeals, Fifth Circuit – 1982 U.S. District Courts, Northern, Southern, Western and Eastern Districts of Texas – 1982 U.S. District, Western District of Missouri - 1979

Experience

Arbitrator since 1996 on American Arbitration Association (AAA), American Health Lawyers Association (AHLA), Chartered Institute of Arbitrators (CIArb), Dispute Solutions, Inc. (DSI), panels. Named as a neutral arbitrator more than 275 times since 1996. Extensive experience as chair of arbitrator panels and as sole neutral arbitrator.

Work History

Senior Counsel Diamond McCarthy, LLP – 2711 N. Haskell Avenue, Suite 3100, Dallas, TX Practicing Labor and Employment and Commercial Litigation Managing Partner Gruber Hail Johansen Shank, LLP – 1445 Ross Avenue, Suite 2500, Dallas, TX Partner in charge of Labor and Employment and Commercial Litigation Practice Partner KL Gates – Dallas, TX Partner, Practicing Labor and Employment and Commercial Litigation KL Gates merged with Hughes and Luce January 1, 2008 Partner Hughes and Luce – Dallas, TX Partner practicing Labor and Employment Law and Commercial Litigation Partner Clark, West, Keller, Butler & Elis – Dallas, TX Practiced Labor and Employment and Commercial Litigation

Training

2019 DBA CLE – What Arbitrators Want – How to Improve Your Trial Advocacy; 2019 AAA/ICDR/AAA Mediation.org Panel Conference; 2018 Arbitrator Performance and Demeanor ~ Meeting Participant Expectations; 2017 Arbitration Advocacy; 2017 AAA Chairing an Arbitration Panel (ACE05); 2016 AAA Dealing with Difficult Attorneys in Arbitration, ACE13; 2016 How to Make Arbitration Work for You; 2016 AAA/ICDR/Mediation.org Panel Conference; 2015 Expedited Arbitration Rules (DFW-ASG); 2015 Equitable & Non-Monetary Relief by Arbitrators (DFW-ASG); 2015 Arbitration Awards (DFW-ASG); 2015 The Dispute Resolution Center: Mediation Tips and Traps from the Field (DBA); 2015, 2016, 2017 Perspective from the Head of the Table: Arbitrator’s Point of View (DBA); 2015 AAA eDiscovery: Arbitration in a Digital World (ACE012); 2015 AAA Top Techniques for Improving Arbitration Case Management Efficiency; 2014 AAA/ICDR International Arbitration Rules (DFW-ASG); 2014 Issues in Employment Arbitration (DFW-ASG); 2014 AAA Conducting Research & Investigations: The Arbitrator’s Authority (ACE9); 2014 Drafting Enforceable and Practical Arbitration Clauses (DFW-ASG); 2013 Preliminary Hearing, Initial Procedures and Scheduling Order in Arbitration (DFW-ASG); 2013 Chairing the Arbitration Panel and the Dynamics of the Three Person Panel (DFW-ASG); 2013 Writing Your Disclosure, Scheduling Order and Award to Reduce Opportunities for Vacatur (DFW-ASG); 2013 Update on Disclosures and Evident Partiality (DFW-ASG); 2012 Texas Law of Arbitrator Disclosure and Award Vacatur (DFW-ASG ); 2012 Handling Dispositive Motions and Evidentiary Objections in Arbitration (DFW-ASG); 2012 AAA Managing the Arbitration Process for Efficiency & Economy Following the Preliminary Hearing; 2011 Arbitration of Employment Cases (DBA); 2010 AAA, ADR Strategies That Save Time and Money; 2010 ADR Strategies that Maximize Corporate Value (AAA); 2010 AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards (ACE001); 2009 DBA, Annual Labor and Employment Law Update; 2007, 2004 AAA Arbitrator Ethics & Disclosure (ACE003); 2005 AAA Dealing With Delay Tactics in Arbitration (ACE004); 2002 AAA Arbitrator Update; 2002 AAA Employment Arbitrator II Training: Advanced Case Management Issues; 1999 Faculty, AAA Employment Arbitrator Training; 1997 Faculty, AAA Panel Retreat; 1996 AAA Employment Arbitrator Training.

License(s)

State Bar of Missouri – 1979 State Bar of Texas – 1981 U.S. Supreme Court – 1981 U.S. Court of Appeals, Fifth Circuit – 1982 U.S. District Courts, Northern, Southern, Western and Eastern Districts of Texas – 1982 U.S. District, Western District of Missouri – 1979

Education

Southwest Missouri State University (B.S., magna cum laude, 1976) University of Missouri – Columbia School of Law (J.D., 1979) Southwest Methodist University – Dedman School of Law (LL.M., 1984)

Publications

1. The Future of Civil Litigation, the Future of Arbitration, Texas Bar, 2009 2. How to Ensure an Arbitrator is Conflict-Free, Texas Lawyer, 2012 3. How to Select Your Arbitrator, Texas Bar, 1998 4. Texas Litigators’ Guide to Departing Employee Cases – Chapter 4 Arbitration ALM, 2014, 2018 5. Annual Employment Law Seminar, Dallas Bar Association, 2010-2014 (including Section on Arbitration) 6. Damages in Civil Litigation, Texas Bar Association, 2019

Awards

Texas Bar Foundation Dan Rugeley Price Award, June 2018 Dallas Bar Foundation Fellows Justinian Award, 2016 D CEO Dallas 500 2016 – The Most Powerful Business Leaders in Dallas-Fort Worth Fellow, American Board of Trial Advocates Most Powerful Labor and Employment Lawyers, 2010 – Human Resource Executive Texas Super Lawyer, Law & Politics Magazine and Texas Monthly, 2003-present Top 100 Lawyers in Texas Top 100 Lawyers in Dallas Best Lawyers Annual Guide to Labor & Employment Law, Corporate Counsel, 2008-present Best Lawyers in Dallas, D Magazine, 2001-present Best Lawyers in America, Arbitration, Commercial Litigation and Labor & Employment Litigation, 1995-Present The World’s Leading Business Lawyers, Chambers and Partners, London DAYL Foundation Award of Excellence, November 2006 Judge Sam Williams Local Bar Leadership Award 2005-2006 President’s Citation of Merit, State Bar of Texas, 2003

Panels

American Arbitration Association CPR Panel of Distinguished Neutrals American Health Lawyers Association Chartered Institute of Arbitrators Dispute Solutions, Inc. Hearing Officer, Dallas County Community College District

Associations

Fellow, College of Commercial Arbitrators Fellow, Chartered Institute of Arbitrators Fellow, College of Labor & Employment Arbitrators State Bar of Texas, (Former Director of Board) Dallas Bar Association (former President) Texas State Bar Foundation (Former Chair) Dallas Bar Foundation (former Chair) ABOTA

Miscellaneous

Adjunct Professor, SMU School of Law, 2009-present; Competitive Barefoot Skier

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