Profile
Mr. Steinmark is a trial lawyer experienced in commercial, employment, and insurance defense litigation. Representing financial institutions, residential mortgage servicers, insurers and their insureds, outdoor advertising companies, employers and employees, real estate companies, and other businesses, Mr. Steinmark works on all aspects of a case, from pre-suit demands to pleadings, written discovery, depositions, motion practice, trial preparation, mediation, trial (or arbitration), settlement, and appeals, in both state and federal court. Mr. Steinmark has litigated:
- bank, lender, and mortgage servicer liability cases (including UCC, Texas Debt Collection Act, Texas Deceptive Trade Practices Act, Federal Fair Debt Collection Practices Act, and “where’s the note” standing/authority claims);
- insurance defense cases (including catastrophic injury and wrongful death claims);
- employment cases (including Title VII, STAA, state law discrimination and retaliation, and covenants not to compete/non-competition/non-solicitation claims);
- contract cases (including commercial leases, real estate purchase/sale agreements, partnership agreements);
- regulatory/administrative law cases (including state and local outdoor advertising regulation permitting and compliance cases); and
- eminent domain cases (including whole and partial takings).
Mr. Steinmark brings a fresh perspective to litigation based on his considerable business and real estate transactional experience early in his career, which continues now to a lesser extent. Mr. Steinmark’s representation of mostly private businesses encompasses business entity planning, mergers and acquisitions, corporate governance, contracts, employment and independent contractor agreements, outside general counsel services, technology licensing, and trademark prosecution and policing. In addition, Mr. Steinmark has represented developers of planned unit developments and condominiums in preparing deed restrictions and other governing documents for property owners’ associations; landlords and tenants in commercial leasing transactions; and buyers and sellers in real property acquisitions and divestitures. Having been involved on the planning and drafting side of many of the types of business relationships and transactions over which he now litigates, Mr. Steinmark is better equipped to identify the critical issues, strengths, and weaknesses of his cases to expedite successful resolution of disputes for his clients.
About Michael Steinmark
Admitted: 2005, Texas
Blog: blog.settlepou.com/
Professional Webpage: www.settlepou.com/attorneys/michael_r._steinmark.html
Honors and Awards:
- Intern for the Honorable Barbara M.G. Lynn, Northern District of Texas, 2004
- Avvo (www.avvo.com) is an attorney review website which rates attorneys throughout the United States based upon experience, industry recognition, and professional conduct, Superb Rating (9.1/10), Avvo, 2012
Special Licenses/Certifications:
- Admitted to Practice in the Supreme Court of the United States
- Admitted to Practice in the United States District Courts, Northern, Eastern, Southern, and Western Districts of Texas
- Admitted to Practice in the United States Court of Appeals, Fifth Circuit
Bar/Professional Activity:
- Dallas Association of Young Lawyers
- Dallas Bar Association
- American Bar Association
Pro bono/Community Service:
- Judge - 2012 SMU Law School Closing Argument Competition
- Judge - 2011 SMU Law School Mock Trial Competition
- Judge - 2011 American Bar Association Negotiations Regional Competition (SMU)
- Judge - 2010 American Bar Association Client Counseling Regional Competition (SMU)
- Judge - 2011 Jackson Walker Moot Court Competition (SMU)
- Judge - 2010 Jackson Walker Moot Court Competition (SMU)
- Judge - 2010 SMU Law School Voire Dire Competition
- Volunteer - Dallas Bar Association Home Project (Habitat for Humanity)
- Volunteer Teacher - Dallas Bar Association Law in the Schools Program
- South Dallas Legal Clinic Volunteer - Dallas Volunteer Attorney Program
- Advisory Board Member - Boys and Girls Club of Greater Dallas (Turner Courts and Frazier Courts Clubs)
Scholarly Lectures and Writings:
- Selected as the 2004 Best Case Note by the SMU International Law Review Association, this article examines a suit filed in 2003 by Mexico against the United States in the International Court of Justice regarding denial of consular rights under article 36 of the 1963 Vienna Convention on Consular Relations. The article examines the case from the Mexican point of view, focusing on the law and policy underlying Mexico's position in the case and the significance of the case within the context of Mexican-American extradition relations, Author, The Case Concerning Avena and Other Mexican Nationals (Mexico v. United States): A Mexican Perspective on the Fight for Consular Rights, 10 Law & Business Review of the Americas 417, 2004
- Presentation regarding new Texas procedural rules adopted in Texas House Bill No. 274 related to motion to dismiss, interlocutory appeals, expedited resolution of cases under $100,000, and responsible third party practice. Also addressed Rule 167 of the Texas Rules of Civil Procedure (offer of settlement; award of litigation costs), including overview, practice tips, and changes under HB 274. Further, provided overview and practice tips regarding Rule 263 of the Texas Rules of Civil Procedure (agreed case), allowing for submission of case for trial on agreed statement of facts. Finally, provided updates on recent changes to condemnation procedures under Texas Senate Bill No. 18, Speaker, New and Less Commonly Used Rules of Civil Procedure, Dallas Area Paralegal Association, Litigation Section, 2011
Verdicts and Settlements:
- Schriver v. Texas Department of Transportation, 293 S.W.3d 846 (Tex. App.—Fort Worth 2009, no pet.)
- Assisted three regional staffing firms in reaching a mediated settlement of claims including breach of contract, fraud, and violation of the Texas Deceptive Trade Practices Act against a professional employer organization, recovering all of the clients' actual damages and approximately two-thirds of their attorneys' fees, 2007
- Assisted a national outdoor advertising company in reaching a settlement in an administrative appeal of a regulatory enforcement action involving multiple billboard permits, 2007
- Assisted a national outdoor advertising company in reaching settlements in administrative appeals of regulatory enforcement actions involving multiple billboard permits, 2009
- Assisted a national financial institution in reaching a mediated settlement of a multi-party suit involving a Ponzi scheme with more than $2.9 million in alleged damages, 2009
- Obtained summary judgment for national residential mortgage servicer on all claims in a suit alleging the statute of limitations had run on the lender's right to foreclose and asserting various claims for affirmative relief, 2010
- Obtained full compliance with cease and desist demand related to trademarks owned by rodeo performance team upon filing trademark infringement lawsuit against competitor, with suit voluntarily dismissed without prejudice in light of defendants' full compliance with our demands, 2011
- Assisted former employees in reaching a mediated settlement agreement with their prior employer in a convenant not to compete lawsuit, with an agreement secured less than a week after the suit was filed, 2011
- Assisted a national transportation company in reaching a mediated settlement of an employment discrimination and retaliation lawsuit, 2011
- Obtained summary judgment for a national residential mortgage loan servicer in a case challenging the authority of the servicer to foreclose a residential mortgage loan, 2011
- Obtained summary judgment for a national bank serving as the trustee of a residential mortgage-backed security in a case where the plaintiffs (borrowers) challenged the authority of the trustee to foreclose a residential mortgage loan and also asserted claims for affirmative relief, including breach of contract, fraud, violation of the Texas Deceptive Trade Practices Act, and violation of the federal Fair Debt Collection Practices Act, 2012
- Assisted multiple national mortgage servicers in reaching settlements through both mediation and direct negotiation in foreclosure-related litigation, including numerous settlements involving loan modification agreements, "cash for keys" agreements, loan reinstatement, and various other types of settlements (2005 to present), 2012
- Negotiated settlements on behalf of defendants in multiple personal injury cases, including wrongful death, catastrophic injury, and multiple injury actions (2010 to present), 2012
Transactions:
- Established homeowners' association for planned unit development with multiple common area features, including preparing covenants, conditions, and restrictions, articles of incorporation, and bylaws, 2006
- Established condominum regimes for local developer's new and condominium conversion properties, including condominium declaration, articles of incorporation, bylaws, condominium information statement, and related documents, 2006
- Assisted national homebuilder with annexing additional phases into multi-phase planned unit developments, 2007
- File and prosecute applications for federal trademark registration, including successfully obtaining registration (2006 to present), 2012
- Drafted and successfully negotiated documentation for the acquisition of a residential real estate brokerage business, and drafted and successfully negotiated a software licensing agreement related to the acquisition of the brokerage, 2012
Representative Clients:
- Durham School Services, American Home Mortgage Servicing, Inc., Saxon Mortgage Services, Inc., Travelers USA, Gainsco Insurance, Lamar Outdoor Companies, Clear Channel Outdoor, Ralston Outdoor Advertising, Century 21 Mike Bowman, Inc., Halo Group Realty, LLC, National Association for the Self-Employed; see http://www.settlepou.com/clients.html
Newsletters:
- This article addresses the misclassification of employees as independent contractors, the risks involved with doing so, and strategies for avoiding those risks in order to take advantage of the cost savings and liability protections affored by hiring independent contractors, Mitigating the Risks of Misclassifying Employees as Independent Contractors (co-authored with Michael S. Byrd, 2012)
- This article provides an overview of new and less commonly used rules and procedures provided under the Texas Rules of Civil Procedure and Texas Civil Practice and Remedies Code, focusing on rules and procedures applicable to interlocutory appeals, resolution of cases through settlement and expedited trial procedures, pre-suit depositions, and related procedural issues, Rules of Civil Procedure: Potential Game-Changers (co-authored with Daniel P. Tobin of SettlePou, 2011)
- This article examines mortgage loan modification programs in connection with the 2008-2009 federal financial industry bailout, New Modification Program Could Be Beacon of Hope in the Seemingly Hopeless World of Trouble Mortgages (co-authored with J. Garth Fennegan of SettlePou, 2009)
- This article examines three Texas Court of Appeals decisions issued in 2007 and 2008 regarding the compensation of billboard property interests in eminent domain takings cases, You Take It, You Buy It: Texas Courts Require Condemning Authorities to Compensate Billboard Property Owners for their Interests (co-authored with J. Allen Smith of SettlePou, 2008)
- This article examines issues related to the pre-condemnation offer process required by the Texas Property Code and related authorities, Eminent Domain Negotiations: Can the Government Force One Property Owner to Negotiate with Another (co-authored with J. Allen Smith of SettlePou, 2006)
- This article examines new protections for Texas landowners in condemnation effective September 1, 2011, under Texas Senate Bill 18, including changes to the offer process before formal condemnation proceedings are initiated, limited rights to recover attorneys' fees in Texas condemnation cases, new rules for compensability of material impairments to property access, and expanded property repurchase rights, Senate Bill 18: Important Changes for Texas Landowners in Condemnation (co-authored with J. Allen Smith of SettlePou, 2011)
- This article examines the risk of corporate officers and directors being held personally liable for purported corporate acts taken during periods of forfeited entity status under the Texas Tax Code, and also examines other related corporate veil piercing issues, Personal Liability Pitfalls in Failing to Maintain Corporate Filings, Books and Records (2011)
- This article examines the standards for Texas courts to assert personal jurisdiction over a party based solely on the party maintaining a website that may be accessed by Texas residents, The Internet and Personal Jurisdiction: When Can a Non-resident be Sued in Texas Courts Based on Its Website? (2010)
- This article examines approaches for tenants to consider in establishing and maintaining protection of their leasehold rights when the full lease agreement is not recorded in the real property records of the county in which the property is located, Tenants' Rights under Unrecorded Leases (co-authored with J. Allen Smith, 2010)
Educational Background:
- SMU Dedeman School of Law Honors and Awards: Earned J.D., cum laude, 2005; Dean's List, 2002-2003; SMU International Law Review Association, Associate Managing Editor, 2004-2005, Staff Editor 2003-2004, Best Case Note Award, 2004; Phi Delta Phi; National Entertainment Law Moot Court, 2nd Place Best Brief, 2003; Research Assistant to Professors Gregory S. Crespi and John S. Lowe, 2004-2005
- Vanderbilt University, B.A. (English, Creative Writing concentration), cum laude, minor in Communication Studies, National Merit Scholar, 2000