Wayne B. Mason

Wayne has tried cases from coast to coast. However, well aware that only a small percentage of cases are actually tried, the value Wayne adds in litigation goes well beyond trial work, and his clients appreciate his instinct for a solid win. He has saved clients huge sums of money not only by obtaining defense verdicts but also by having the unique ability to evaluate risk based on more than 39 years of looking jurors in the eye. A testament to his success trying a diverse array of complex matters, Wayne has been admitted to try cases pro hac vice in over 30 states.

Wayne’s prowess rests on his “Three I’s” foundation — Integrity, Intelligence (IQ & EQ), Intensity — qualities rarely found in one person. A master of the power of narrative in litigation, his story-based approach to presenting information entertains, instructs and, most importantly, persuades his audiences.

A firm believer in the value that different perspectives bring to the table, Wayne makes a conscious and deliberate effort to engage and collaborate with colleagues from diverse backgrounds on client matters. Wayne is also passionate about helping the next generation of lawyers reach their full potential. He is committed to mentoring diverse lawyers within the firm as evidenced by his engagement in a two-year Faegre Drinker sponsorship of a protégé from an underrepresented group, in which the two work together and meet regularly to facilitate the young lawyer’s path to success. 

In Wayne, clients find the trial lawyer they want when they need a steady hand on the tiller. His exceptional communication skills and “cut-to-the-chase” style give him a clear edge when dealing with the media and protecting his clients’ reputation and corporate brand. A quick study, regardless of the subject matter, Wayne makes the complex clear and simple for any audience.

Wayne is recognized for his advocacy gifts by, among others, Chambers USA, Benchmark Litigation (Litigation Star), Lawdragon 500, Litigation Counsel of America, American Board of Trial Advocates and Best Lawyers in America. He is listed by Chamber USA as one of only 27 of the top trial lawyers in Texas. A client described him as “Wayne is a great lawyer. He’s responsive and puts together the right team for the need.” (Chambers USA — Texas, Trial Lawyers, 2022) Another client described him saying, “Wayne is a multidimensional strategist who balances litigation needs and risks with a settlement strategy. He spends time so that he can understand very complicated issues and is then able to explain them to a judge and jury in a very simple, straightforward way.” (Chambers USA — Texas, Litigation: General Commercial, 2020). 

Representative Experience

Wayne defends national and international clients in diverse complex litigation matters from the exclusive vantage of a seasoned trial attorney and a master of the end game. Notably, he has substantial experience with class action cases and serves as lead counsel on bellwether cases where the ramifications of a verdict can make new law that works to the advantage of entire industries. While many lawyers handle class actions and some have even tried class certification hearings, few besides Wayne hold the distinction of having tried a class action case after it was certified.

Wayne’s clients know they can count on his courtroom savvy and cool resourcefulness under pressure, making him the ideal lawyer for tense situations, regardless of the subject matter of the case. He has tried to verdict cases in disparate disciplines from catastrophic products matters to various complex commercial disputes involving billions of dollars. Recently, Wayne tried the high-profile bellwether case in the Flint Water Crisis Litigation in Ann Arbor, Michigan. After trying the case for six months the result was a hung jury — no liability or damage finding against his client. 

While trial advocacy is Wayne’s forte, his advocacy skills are sometimes utilized in other fashions than in the courtroom. For instance, when conflicted out from acting in a defense counsel trial role for defendants in the Opioid Crisis Litigation, one of the defendants saw the benefit of having his vast experience on their team. He is currently acting as their National Settlement Counsel for all Opioid Litigation. 

A list of some of his engagements demonstrates this range:

• Lead trial counsel in qui tam litigation alleging False Claims Act violations
• Lead trial counsel in Flint Water Crisis bellwether trial
• Led the defense of one of the largest school districts in the United States
• Successful defense of shareholder and policyholder derivative matters
• Lead trial counsel in various Life Sciences matters
• Tried products liability case involving child suffering third-degree burns over 90% of body
• Valued strategist in corporate governance and SEC matters for Fortune 100 clients
• Successful defense of Intellectual Property cases
• Lead trial counsel in False Claims Act litigation in Minnesota
• Lead trial counsel in COVID-19 class action in Illinois
• National Settlement Counsel for defendant in Opioid Crisis Litigation
• Resolution of business-to-business commercial disputes by trial and negotiation
• Lead counsel in multidistrict litigation (MDL)
• Lead defense counsel in one of the largest environmental crises in U.S. history
• Secured a defense verdict in what has been reported as the largest professional liability engineering case ever tried in the United States
• Secured a very favorable jury verdict in a Mary Carter case tried for six weeks in Los Angeles
• Lead counsel in a class action tried in Missouri