Partner and Co-Chair, Public Policy Group, Shook Hardy & Bacon LLP
Mark Behrens co-chairs Shook's Washington, DC-based Public Policy Practice Group and is a leading national expert on civil justice issues with over thirty years of experience. A substantial part of his practice is working to improve the civil litigation environment through state and federal legislation; in the courts through amicus curiae briefs; through legal scholarship and judicial education; and in the court of public opinion.
Mark is actively involved in civil justice reform efforts at the federal and state levels. He has testified before the U.S. Congress and most state legislatures on behalf of business and civil justice organizations. Mark also has an active amicus brief practice specializing in tort liability and civil justice issues. He has authored or co-authored over 150 amicus briefs in cases before the United States Supreme Court and federal and state appellate courts on behalf of business, civil justice, and defense lawyer organizations. In addition, Mark routinely files comments on behalf of business, civil justice, and defense lawyer organizations regarding potential changes to federal and state court rules. He chairs the International Association of Defense Counsel’s (IADC) Civil Justice Response Committee and serves on the Board of Directors of Lawyers for Civil Justice (LCJ).
Mark is a member of the American Law Institute (ALI). He received his J.D. in 1990 from Vanderbilt University Law School, where he was a member of the Vanderbilt Law Review. He received his B.A. in economics from the University of Wisconsin in 1987.
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Settlement in Council on American Islamic Relations v. Gaubatz Leaves an Unresolved Tension Between the First Amendment and Secret Recording Laws
The Council on American Islamic Relations, or CAIR, is no stranger to controversy or litigation,...
2024 Civil Justice Update
Mark A. Behrens
Federalist Society Review, Volume 26
This paper reviews key civil justice issues and changes in 2024. Part I discusses legal reform...
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Court Holds the Corporate Transparency Act Is Unconstitutional: A Victory for Limited Government and the Right to Privacy
Earlier this month, a federal district court judge issued a preliminary injunction against the enforcement...
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Free to Speak for a Living? Professional Speech and the First Amendment Back at SCOTUS
The Supreme Court’s 2018 decision in National Institute of Family & Life Advocates v. Becerra...
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EPA’s FY 2024 Enforcement Results
EPA’s Office of Enforcement and Compliance Assurance (OECA) recently issued its annual results for FY...
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Will the Supreme Court Finally Address the Private Nondelegation Doctrine?
The Supreme Court is poised to tackle a key separation of powers issue this term:...
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A Decision Deferred, Not a Decision Denied: Supreme Court Dismisses NVIDIA v. E. Ohman J:or Fonder AB as Improvidently Granted
Today, the Supreme Court issued a per curiam decision dismissing the petition in NVIDIA v....
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United States v. Skrmetti: Oral Arguments Indicate SCOTUS Justices Are Likely to Uphold Tennessee’s Ban on Gender Medicine for Minors
On Wednesday, December 3, the U.S. Supreme Court heard oral arguments in one of the...
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A Guide to Locating and Obtaining Older Federal Court Records
The PACER platform—Public Access to Court Electronic Records—is still a relatively recent invention, completing wide...
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The Student Loan Forgiveness Saga: How the Litigation Played Out and What’s Next
On October 3, 2024, a court in the Eastern District of Missouri hit the brakes...