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Clients assert Mark is 'intelligent and understands businesses.' - Legal 500 U.S. 2011
 
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Mark C. Rodriguez

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Rodriguez, Mark C.

Biography
Mark's practice involves complex commercial litigation, with an emphasis on energy-related litigation. Mark has handled a broad range of lawsuits and arbitrations involving the energy industry, including royalty class actions in various states and cases involving antitrust claims and claims under the False Claims Act. Mark has also handled numerous energy-related administrative proceedings, audits, and investigations involving claims by state taxing authorities, orders and claims by state agencies and the federal government concerning state and federal royalties, and matters involving notice of noncompliance issued by the federal government seeking penalties for underpayment of federal royalties. For more than ten years, Mark has handled and been involved in numerous cases and administrative proceedings involving claims relating to carbon dioxide, royalties on carbon dioxide production, and related matters.

Mark has handled and been involved in energy-related lawsuits, arbitrations, and administrative proceedings in Texas, Colorado, New Mexico, Oklahoma, and Wyoming. Mark has also handled appeals before the Department of the Interior Office of Hearings and Appeals and the Minerals Management Service.

In addition to his energy litigation practice, Mark’s practice has included a broad range of other complex commercial litigation, including class action litigation, environmental and toxic tort litigation, and products liability.


Representative Experience
Energy Litigation and Arbitration/Class Action
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  • Member of a team of lawyers that defended oil and gas operators and working interest owners in four putative class actions and other individual actions filed in Colorado federal district court for underpayment of carbon dioxide royalties, improper pricing, excessive transportation deductions, and antitrust violations; successfully defeated class certification, and matters were successfully settled in advance of trial, with settlement classes approved by the district court and affirmed on appeal
  • Represented operator of carbon dioxide unit in competing Texas state class action lawsuits involving claims for underpayment of carbon dioxide royalties, breach of express and implied covenants, and improper pricing; obtained dismissal of competing class action lawsuits, and dismissal affirmed on appeal (handled lead lawyer responsibility in week-long class certification hearing)
  • Obtained a take-nothing arbitration panel decision on behalf of operator of carbon dioxide unit in arbitration filed by royalty interest owners seeking more than $12 million for alleged underpayment of royalties due to alleged improper calculation of pipeline transportation tariff and excessive deduction of transportation charges
State and Federal Administrative Proceedings, Audits, and Investigations
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  • Represents operator/working interest owner in administrative appeal of orders to report and pay and notice of noncompliance issued by the Minerals Management Service for underpayment of federal royalties on carbon dioxide production
  • Represented operator of carbon dioxide unit in Colorado state court action involving claims by Colorado taxing authority for underpayment of severance taxes on carbon dioxide production; matter was successfully settled in advance of trial
  • Represented lessee in appeal of Wyoming state severance tax assessment before the Wyoming  State Board of Equalization; obtained take-nothing settlement
Other Litigation
  • Defended chemical company in mass toxic tort suits arising out of alleged air pollution near the Houston Ship Channel; matters were successfully resolved in advance of trial
  • Defended chemical company in various Harris County state court personal injury actions
Prior results do not guarantee a similar outcome.

Education and Professional Background
  • Harvard Law School, J.D., 1995
  • Rice University, B.A. Psychology, 1992
  • Admitted to practice: Texas, 1995; all Texas courts; U.S. District Court for the Southern District of Texas
  • Other Language: Fluent in Spanish
Professional Recognition
  • Legal 500 U.S. in energy litigation law, 2011
Activities and Affiliations
  • Member: American Bar Association; Energy Litigation Committee, American Bar Association's Section of Litigation; Houston Bar Association
Publications and Presentations
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  • "Update on OCS Drilling Moratorium and Related Litigation," Institute for Energy Law, August 18, 2010
  • "Bolstering Defenses When Litigating Oil and Gas Agreement Disputes," American Conference Institute's Forum on Oil & Gas Litigation & Arbitration, June 24, 2010
  • "Legal Update for the Mineral Owner," American Association of Mineral Owners, Tenth Annual Conference, October 2009


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Mark C. Rodriguez
Partner
First City Tower
1001 Fannin Street
Suite 2500
Houston, TX 77002-6760

Tel  +1.713.758.3288
Fax  +1.713.615.5314
mrodriguez@velaw.com

Industries/Practices
Energy/Oil and Gas Litigation

Commercial and Business Litigation

Arbitration and ADR

Class Actions and Multi-District Litigation

False Claims/Qui Tam Litigation


Clients assert Mark is 'intelligent and understands businesses.' - Legal 500 U.S. 2011