Profile
Mark is a trial-tested attorney with extensive complex litigation experience both in and out of the courtroom. He focuses his practice on commercial litigation, including franchise litigation. He also handles product liability, toxic tort, malpractice defense, and general tort cases. Mark has successfully tried more than fifteen complex cases before judges and juries in trial and appellate courts and before administrative agencies in seven states from Alaska to Ohio. Mark also oversaw and managed the arbitration of over 400 matters in 48 states for one client in 2010.
About Mark Clouatre
Admitted: 1998, Colorado
Professional Webpage: www.wtotrial.com/bios.aspx?id=127
Honors and Awards:
- Richard Marden Davis Award, 2011. Presented By the Denver Bar Association Foundation to a Denver lawyer under the age of 40 who so combines excellence as a lawyer with creative civic, cultural, educational and charitable leadership as to best exemplify the character and promise of Richard Marden Davis at that stage in his career.
- Colorado Lawyer of the Year, 2010. Selected by Law Week Colorado as one of the lawyers of the year.
- Selected as one of five finalists for the 2010 9News Leader of the Year Award
- Selected for the Denver Business Journal's 2006 list of Forty Under 40
Special Licenses/Certifications:
- Admitted to Practice Law in Texas, 1995; Admitted to Practice Law in Colorado, 1998
Bar/Professional Activity:
- Colorado Campaign for Inclusive Excellence, 2008-present
- American Bar Association
- Colorado Bar Association
- Denver Bar Association, Doctor/Lawyer Program, Instructor, 2004-2006
- Member of Board of Directors, Faculty of Federal Advocates, 2011
Pro bono/Community Service:
- Downtown Denver Rotary Club
- The Wildlife Experience, Board of Directors, 2007-present; Community Advisory Board, 2006-2007
- Denver Active 20-30 Children's Foundation, Past-President, 2008-2009; President, 2007-2008; President-Elect, 2006-2007; Treasurer, 2005-2006; Secretary, 2004-2005; Board of Directors, 2004-2007; Member 2002-present
- Denver Kids, Inc., Chairman of the Board, 2010 - 2011; Board Member, 2005 - Present
- University of Colorado, Boulder, Colorado, President's Leadership Class, Former Chairman, Alumni Advisory Board
- Youth soccer and basketball coach
- Ebert Elementary, Denver Public Schools, Tutor
- Tennyson Center for Children, Board of Directors, 2006-2007
Scholarly Lectures and Writings:
- National Institute for Trial Advocacy, Rocky Mountain Deposition Skills Seminar, Instructor, 2003-present
- The Legacy of Continental Airlines v. American Airlines: A Re-Evaluation of Predatory Pricing Theory in the Airline Industry, Mark T. Clouatre, 60 J. Air L. & Com. 869 (1995)
- Keeping Your Head Above Water in the Rising Tide of Corporate Litigation Costs, Mark T. Clouatre, presented at PricewaterhouseCoopers General Counsel Forum (Oct. 28, 1999)
- Southern Methodist University School of Law, Trial Advocacy Program, Instructor 1994-1995
- National Institute for Trial Advocacy, Rocky Mountain Regional Trial Skills Seminar, Instructor, 2005
- National Institute for Trial Advocacy, Rocky Mountain Child Advocacy Training Institute, Instructor, 2006
Verdicts and Settlements:
- A representative sampling of cases Mark has handled includes: Anchorage Chrysler Center v. DaimlerChrysler Motors LLC (Alaska). Received complete, favorable judgment after six-week trial for major automotive manufacturer against dealer seeking over 15 million dollars in damages. Successfully defended case on remand and now defending client on second appeal; Clutter Motors, Inc. v. DaimlerChrysler Motors Corporation (California). Received complete, favorable decision for client in multi-week case involving contractual dispute with former franchisee which sought millions of dollars in damages; Larry Menke, Inc. v. DaimlerChrysler Motors Co. (California). Obtained complete dismissal from trial court at demurrer stage after client had rejected plaintiff's attempt to purchase motor vehicle dealership. Successfully defended win on appeal; Thompson v. DaimlerChrysler Motors Company LLC (California). Successfully tried a case and obtained a favorable decision for a major automotive company which permitted client to terminate a former dealer. Successfully defended win on appeal; Colorado Pathology Consultants v. PST Services and PST Products (Colorado). Obtained a dismissal of and settled a contract-dispute case for a major provider of medical billing services; Navajo v. Volvo Trucks North America (Colorado). Obtained complete summary judgment in a commercial dispute in which the plaintiff sought multi-millions of dollars in damages; Thunder Mountain v. Jims Machining (Colorado). Obtained a judgment of over $1.2 million on counterclaim for breach of contract in this commercial dispute arising out the plaintiff's non-payment of custom motorcycle parts; Streeter Imports v. Mercedes-Benz-USA, LLC (Nevada). Successfully defended a major automotive manufacturer during a multi-week trial in which client received a complete, favorable decision and authorization to terminate the franchise of a former franchisee; Kenwood Lincoln-Mercury, Inc. v. DaimlerChrysler Corporation (Ohio). Successfully tried and received complete, favorable decision for major automotive manufacturer. Client had been sued by franchisee alleging various breaches of contract and other business tort claims; Perez v. DaimlerChrysler Motors Company LLC (Texas). During trial, helped guide client to a successful settlement of a dispute with one of its franchisees which sought millions of dollars in damages; Arbitrations for Chrysler Group LLC (48 states). In December 2009, Congress passed a statute providing rejected dealers of the bankrupt Chrysler LLC the right to demand arbitration from Chrysler Group LLC despite the fact that the rejected dealers never were associated or had a contract with Chrysler Group LLC. 418 of Chrysler LLC's rejected dealers demanded arbitration, and Mark managed and oversaw the arbitration process for the matters, all of which had to be completed within approximately 210 days of enactment of the statute. Additionally, Mark personally arbitrated 8 of the matters in Texas and California.
Representative Clients:
- Chrysler Group LLC; Mercedes-Benz USA, LLC; FedEx Corporation; FedEx Package System, Inc., Continental Airlines, Inc.; Sears; Jim's Machining; Premier Salons, Inc.
Other Outstanding Achievements:
- Mark has served as President of the Denver Active 20-30 Children's Foundation, which is a group of professionals under the age of 40 whose sole goal is to raise funds for charities serving at-risk and disadvantaged youth in Colorado. Under Mark's leadership, 20/30 raised over $1 million for charities for the first time in 20-30's 29-year history.
Mark was also selected in 2010 as one of five finalists for the selective 9News Leader of the Year Award. As stated on 9News.com, the award is given each year to "an emerging leader [in Colorado] who has made a significant contribution to the well-being of the Colorado community."
Mark is also currently serving as Chairman of the Board of Denver Kids, Inc., which is a 64-year old non-profit that strives to improve the graduation rate of at-risk students in the Denver Public Schools. Currently, Denver Kids serves 1000 children through counseling and mentoring services, and is seeking to grow to eradicate the drop-out problem facing the city's schools. The proof of success of Denver Kids is in the numbers as approximately 91% of the children in the program graduate from high school.
- AV Peer-Review Rated by Martindale-Hubbell
Educational Background:
- B.S. Finance from the University of Colorado at Boulder, 1992
- J.D., Cum Laude, from Southern Methodist University Dedman School of Law, 1995