Mark Thomas Emery

Partner

Norton Rose Fulbright US LLP

Mark Thomas Emery

Washington, DC

T:+1 202 662 0210

F:+1 202 662 4643

Partner Mark Emery practices in the appellate practice group. Mark has prepared briefs or other papers in 18 different cases in the US Supreme Court, and has briefed and argued cases in numerous other federal and state appellate courts. He also has experience in a variety of trial litigation settings as the "appeal" lawyer, or in preparation of legal strategy.  

Mark spent his first three as an associate in the San Antonio office. Prior to practicing law, Mark was an instructor and teaching fellow in political philosophy and constitutional law at Yale University and The University of Texas.

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  • Education

    2005 - J.D., Notre Dame Law School
    2000 - Ph.D., Yale University (Political Philosophy) 
    1992 - B.A., Michigan State University (James Madison College)

    In college, Mark was elected to Phi Beta Kappa.  He wrote a doctoral dissertation on the political thought of French philosopher and religious writer Simone Weil.

    Mark was licensed to practice in Texas in 2005 and the District of Columbia in 2009. He is also admitted to practice in the Supreme Court of the United States, the United States Courts of Appeals for the First, Fifth, Ninth, Tenth and Eleventh Circuits, the D.C. Circuit, the Federal Circuit, and the United States District Court for the Western District of Texas.

  • Representative experience
    • Successfully briefed a case in which the U.S. Supreme Court reversed the Ninth Circuit's judgment against petitioner, limiting the Bivens remedy for damages for alleged constitutional harms
    • Successfully briefed and argued a case in which Texas Supreme Court held that the Texas Commission on Human Rights Act preempts state law negligent supervision claims
    • Successfully briefed and argued a case in which D.C. Court of Appeals affirmed judgment dismissing claims for trespass, invasion of privacy and conversion
    • Successfully briefed a case in which the Ninth Circuit reversed a judgment and remanded for new trial for auto dealer disputing termination of a franchise
    • Successfully briefed a case in which the First Circuit affirmed a judgment dismissing a False Claims Act suit against a medical device maker
    • Successfully briefed a case in which the First Circuit affirmed a judgment dismissing a False Claims Act suit against a retail pharmacy chain
    • Successfully briefed the response to putative employment-related class action against auto manufacturer in Texas district court, and obtained dismissal of the appeal in the Fifth Circuit
    • Successfully briefed a case in which the Fifth Circuit reversed a judgment involving interpretation of a settlement agreement related to patent infringement claims
    • Successfully briefed a case in which the Fifth Circuit affirmed a summary judgment in favor of employer in an employment matter, and U.S. Supreme Court denied the petition for writ of certiorari
    • Successfully briefed a case in which Eleventh Circuit affirmed summary judgment involving interpretation of indemnification for patent infringement claims
    • Successfully briefed a case in which the D.C. Circuit affirmed a judgment dismissing suit against entertainment client under Endangered Species Act for lack of standing
    • Successfully briefed a case in which the D.C. Circuit affirmed a jury verdict in favor of client in trespass case
    • Successfully briefed a case in which the D.C. Circuit affirmed a judgment of dismissal in unjust enrichment suit
    • Successfully briefed a case in which a Colorado court of appeals reversed a $6 million judgment against title insurer
    • Successfully briefed a case in which a Texas court of appeals reversed a $3 million default judgment against client
    • Successfully briefed a case in which a Texas court of appeals affirmed the denial of an injunction against tractor company, involving interpretation of state dealership laws
    • Successfully briefed cases in Texas court of appeals involving disputes connected with proposed oil pipeline
    • Monitored a four-week jury trial in a tort case in D.C. Superior Court on behalf of insurance carrier, assisting in briefing and preparation of jury charges
    • Successfully briefed first criminal appeal, in which a Texas court of appeals reversed a 52-year prison sentence on grounds of failure to instruct jury on lesser included offense
  • Professional activities
    • Edward Coke Appellate Inn of Court, Washington, D.C. - Member and Former Secretary
    • San Antonio Bar Association - Appellate Practice Section, Former Chair
    • Bexar County Appellate Public Defender and Criminal Justice Act program, briefed several criminal appeals on a pro bono basis
  • Professional honors
    • Washington DC Rising Star, Appellate, Super Lawyers, Thomson Reuters, 2013 - 2015
    • Texas Rising Star, Appellate, Super Lawyers, Thomson Reuters, 2008 - 2009
  • Publications
    • Co-author, "Fulbright Team Files Amici Curiae Briefs on Behalf of Over 60 Public Interest Organizations in DOMA and Proposition 8 Cases," Fulbright Briefing, March 6, 2013
    • Co-Author with Richard C. Smith, Kim Walker and Tracy Stewart DeMarco, "Honest Services after Skilling v. U.S.: Less Is Still More," 42 Journal of the Bar Association of the District of Columbia 3, May 15, 2011
    • Co-Author with W. Wendell Hall, O. Rey Rodriguez and Rosemarie Kanusky, "Hall's Standards of Review in Texas," 42 St. Mary's L. J. 1 (2010)
    • Co-Author with O. Rey Rodriguez and Grace L. Hill, "Fifth Circuit Civil Appellate Advocate," 21 The Appellate Advocate 333 (2009)
    • Co-Author with W. Wendell Hall, "The Texas Hold-Out: Trends in the Review of Civil and Criminal Jury Verdicts," 49 S. Tex L. Rev. 539 (2008)
    • Co-Author with O. Rey Rodriguez, "Fifth Circuit Civil Appellate Update," 20 The Appellate Advocate 311 (2008)
  • Civic involvement

    Contributing Member, Circle of the National Gallery of Art

  • Licenses
    • Washington D.C. Bar License
    • Texas State Bar License
  • Interests

    Languages, travel, and the development of U.S. soccer.