Mark A. Waite

Partner

Global Co-Chair, Industrials sector
Global Co-Chair, Chemicals subsector
Managing Partner, Houston Office

Emailmark.waite@dlapiper.com

Call+1 713 425 8445

Houston

About

Areas of FocusLitigation, Arbitration and Investigations Energy and Natural Resources Industrials Chemicals

Bar admissionsTexas

CourtsAll Texas state and federal district courtsUnited States Court of Appeals for the Fifth Circuit

Representative Experience

Representing of manufacturer of components in wind turbines involved in alleged failure incidents, including assisting in incident investigations, advising on applicable law and contractual rights and defenses, and defense of claims
Represented of bank in connection with $24.5 million loan and security interests for hotel project in Houston, Texas and seniority over construction liens and alleged "removables" associated with rebuild project; secured partial summary judgment dismissing substantial majority of contractor's claims and secured resolution of the limited remaining claims prior to trial
Represented of pipeline surveying company in government investigations surrounding explosion incident
Lead trial counsel for Illinois chemical facility pursuing claims against the supplier, designer and constructor of two large industrial boilers which were part of a boiler upgrade project. The boilers supply steam to the facility and to the chemical process and are critical to safe and reliable operation. Secured judgment for actual damages, attorneys' fees, and interest in favor of the plant owner following a six-day federal bench trial
Advised confidential clients surrounding rights and obligations in power and natural gas purchase, supply, and related agreements in connection with Winter Storm Uri in 2021. Issues include price escalation, force majeure and related claims and defenses, and clients include end-use industrial purchasers, parties to financial transactions from energy trades, and supplying parties. Impacted sources include traditional power, renewable energy, and natural gas; and amounts at issue ranged from US$30 million to more than US$120 million
Represented refinery owner in claims for over US$10 million in property damages, repair costs and other impacts against parties involved in the design and construction of catalyst reactor modifications arising from 2017 EPA environmental regulations
Represented global chemical company in investigation and handling of contractor overpayment and recovery issues
Represented major petrochemical facility in Corpus Christi, Texas to secure water facilities agreement between local governmental authorities and large volume users, including creation of funding vehicle to explore alternative water sourcing initiatives
Represented Chilean manufacturer and supplier of iodine in connection with marketing and joint venture agreements with US supplier
Represented high-density polyethylene pipe manufacturer in multi-party litigation in New Jersey filed by plaintiffs alleging property damage and personal injury due to major gas line explosion; secured dismissal of all claims against client following intensive analysis of pipe components and associated gas line system
Represented foreign alumina refinery in connection with evaluation of co-generation power agreements and disputes arising from those agreements
Represented architects and engineers in a large docket of construction litigation, including projects involving highway bridge construction, hotel projects, retail development, and multi-family projects.
Prosecuted damages and injunctive relief claim by real estate lifecycle software and services provider against competitor for tortious interference and business disparagement; secured injunction against improper competition and ultimately resolved the case following depositions of competitor
Trial counsel for pro bono client in one of the early completely "virtual" trials held in Harris County, Texas state court during 2020 COVID-19 pandemic court closures, and secured Final Judgment in favor of client
Trial counsel for pro bono client through Veterans' program, associated with home repair project; secured judgment in client's favor and collected judgment in full through post-judgment collection proceedings
Trial experience includes jury trials, bench trials and arbitrations through the decades of his practice, covering such areas as environmental contamination and recovery issues, petrochemical construction projects, facility co-generation agreements, retail operations, bank loan agreements and security, major injury claims, trade secrets and competition claims, residential construction, refinery services projects, and many other areas.

Education

J.D., University of Houston Law Center 1994
cum laude

B.B.A, Texas A&M University 1991
cum laude

Pro Bono

Mark is heavily involved in pro bono representation for clients otherwise unable to secure legal services. Mark has concentrated his services to US veterans and to those with physical or mental conditions requiring extra attention.

Bylines

Speeches and Seminars

“Downstream 101," presented to Institute for Energy Law, Leadership Program, March 2021 (co-presenter)
"Force Majeure Claims in a COVID-19 Environment," presented to Energy Bar Association, November 2020
"Refining and Petrochemicals Contracts – Continuing Legal Education Panel," May 2019
Co-presenter: “Texas Supreme Court Update: Contract Clauses Transactional Lawyers Should Kill; Contract Clauses Transactional Lawyers Should Love,” CLE, April 2019
Moderator: Coffee and Conversation with Former Acting US Ambassador to China, April 2019
Co-presented, Construction Law CLE, "Lump Sum Contracts–The Whole Pie and Some Avoidable Crumbles", Fall 2018 and Spring 2019
"A Discussion of the Ethical and Liability Issues for In-House and Outside Counsel relating to Litigation," Texas Bar Association: Advanced Civil Trial Continuing Legal Education − series held throughout 2016 in major Texas cities
"What Every Lawyer Needs to Know About Working With In-House Counsel," Texas Aggie Bar Association, 2016 Annual Conference
Moderator, "Legal Department Obligations" surrounding repetitive product defect claims, Texas General Counsel Forum, June 2015
"Legal Issues in Green Building," Basic Construction Law Course, State Bar of Texas, 2010
"The Power of Collaboration in Sustainable Design," risk management portion, Texas Society of Architects, 2010
"Challenges to Expert Testimony," Annual Conference for the Central Region, National Association of Corrosion Engineers, Houston, September 2008
Moderator, "Evidence," University of Houston Continuing Legal Education, March 2008
"A Day in the Life of an E-Discovery Case," T3: Trial Tactics & Technology, ALM Events, New York, December 2005 and 2006, London, and New York, November 2007
"Engineering Risk and the Law – Case Histories and Lessons," Annual Conference for the Central Region, National Association of Corrosion Engineers, Houston, October 2006
Frequent speaker at high schools and before community groups as part of the Houston Bar Association.

Media Mentions

"DLA Piper Elevates 5 Attys To Office Managing Partner Roles," Law360, March 4, 2021
"DLA Piper Picks Up Energy Litigator From LyondellBasell," Law360, November 3, 2017

Certifications

Board Certified – Civil Trial Law, Texas Board of Legal Specialization (2004 - present)

Memberships And Affiliations

Houston Bar Association – Litigation, Construction, and Oil, Gas & Energy Law Sections
Fellow – Texas Bar Foundation
Fellow – Houston Bar Foundation
Texas Bar Association – Litigation and Construction Law Sections
Member – Texas Association of Certified Civil Trial and Appellate Specialists
Houston Volunteer Lawyers – Equal Access to Justice Society