Mark E. Torian
University of Central Arkansas, B.A., magna cum laude
University of Arkansas School of Law, J.D., magna cum laude, member Law Review
Sayles Werbner, P.C., since 2004 (Shareholder since 2011)
Lynn Tillotson & Pinker, LLP, 2002-2004
Fulbright & Jaworski, LLP, 2000-2002
United States Marine Corps, 1987-1993
Practice Description and Exemplary Cases:
Mark represents plaintiffs and defendants in business litigation disputes heard in state and federal courts and arbitration proceedings. His experience includes cases involving breach of fiduciary duty, fraudulent or negligent misrepresentation, misappropriation of trade secrets, civil theft, shareholder derivative rights, partnership breakups, and oil & gas disputes. Mark also prosecutes and defends claims for personal injury or wrongful death, as well as representing individuals and entities in state and federal white-collar criminal investigations conducted by the Texas Department of Insurance, Internal Revenue Service, Securities and Exchange Commission, and U.S. Department of Justice.
An experienced litigator, Mark has tried more than 20 criminal and civil lawsuits to verdict. Examples of his litigation experience include:
- Successful defense of insurer in a breach of contract lawsuit brought by an international hotel chain seeking business interruption losses for all hotels in North America and the Caribbean following September 11 terrorist attacks.
- Successful defense in a bench trial where the opposing party sought more than $1 million based on breach of contract allegations. Client earned a sizable judgment on counterclaims.
- Successful prosecution of securities fraud claims related to a private offering. Multiple investor clients received favorable settlement.
- Favorable settlement during arbitration for multiple clients with fraud and breach of contract claims against major insurance carrier.
- Multimillion-dollar settlement for family in a wrongful death lawsuit.
- Zero-dollar defense verdict for corporate client in a bench trial against a major insurance carrier following a multimillion-dollar complex insurance dispute.
- Substantial jury verdict for plaintiff following defendant’s breach of an oral partnership agreement in a commercial real estate development deal. Case involved multiple properties in Texas and several other states, with damages based on past and future net profits.
- Successful defense and prosecution of counterclaims on behalf of a Fortune 50 Company in a jury trial where the opposing party sought more than $1 million for breach of contract. Substantial jury verdict was awarded on the client’s counterclaims for misappropriation of trade secrets, theft of trade secrets, and conspiracy.
- Successful defense of a drilling company in a breach of contract lawsuit brought by investors. The claim involved the disruption of the deepest corkscrew gas well in the world at the time.
- Coordinating client response to investigations by federal authorities, including U.S. Department of Justice and Internal Revenue Service. Preparing client for testimony before U.S. Congress.
State Bar of Texas
U.S. District Courts for the Northern, Eastern and Southern Districts of Texas