Overview

Clarke represents a wide array of businesses in many different types of business transactions. For more than 40 years, he has successfully negotiated commercial leases for tenants and landlords, formed venture capital funds for institutional investors, represented management in various transactions involving employment agreements, separation agreements, and various types of equity and phantom equity compensation arrangements.

He is committed to providing cost effective, high quality legal services with an emphasis on providing practical advice based on a deep understanding of his clients’ business concerns.

Clarke has been active in his church and  the Central Texas community. He currently serves as Executive Chair of the Board of the Episcopal Seminary of the Southwest, as Chair of the Board of each of the Shivers Cancer Foundation and the Austin Geriatric Center, as Transportation Chair of the Austin Area Research Organization, and as a board member of the Lebermann Foundation. He has formerly served as Chair of the Board of Travis County Hospital District (now known as Central Health), the Capital Area United Way, the Greater Austin Chamber of Commerce, and St. Stephen's Episcopal School. Clarke has been honored by the Greater Austin Chamber of Commerce as Austinite of the Year, by the Antidefamation League with its Jurisprudence Award, by the Austin Bar Foundation as a Distinguished Lawyer, by SMU Dedman School of  Law as a Distinguished Alumni, by the Capital Area Council of the Boy Scouts of America as its Distinguished Citizen, and by Austin Business Journal with the W. Neal Kocurek Special Achievement Award in Commercial Real Estate.

Experience

  • Representation of purchaser or seller in acquisitions and dispositions of business units structured as reorganizations, mergers, stock sales and asset sales.
  • Representation of company issuers in private equity issuances of preferred stock and subordinated debt.
  • Representation in senior debt financings of company borrowers.
  • Representation in the formation of venture capital funds of institutional investors.
  • Representation in the negotiation of commercial leases for tenants or landlords.
  • Representation in the sale and purchase of commercial real estate for the purchaser or seller.
  • Representation of management or the company in various transactions involving employment agreements, separation agreements, and various types of equity and phantom equity compensation arrangements.
  • Representation of companies at formation, including negotiation of formation agreements, partnership agreements and/or shareholders and members agreements.
  • Representation of tax-exempt entities in a variety of transactions and obtaining of tax-exempt status.
  • Representation of numerous attorneys, doctors, and dentists in forming and restructuring their practice entities.
  • Representation of parties to divorces in connection with the partition of business entities constituting part of the community estate.
  • Representation of companies in converting their form of entity to provide for most efficient franchise and income tax structure.

News & Publications

Honors & Recognition

  • Recipient of W. Neal Kocurek Special Achievement Award in Commercial Real Estate (2022)
  • Awarded, Capital Area Council of the Boy Scouts of America, Distinguished Citizen (2019)
  • Awarded, Austin Bar Foundation, Distinguished Lawyer (2018)
  • Recipient, SMU Dedman School of Law, Distinguished Alumni (2018)
  • Awarded, Greater Austin Chamber of Commerce, Austinite of the Year (2014)
  • Recipient, Anti-Defamation League, Jurisprudence Award (2013)
  • Recipient, University Medical Center at Brackenridge, Health care Advisory Award (2012)
  • Recognized in The Best Lawyers in America©, Banking and Finance Law; Corporate Law; and Mergers & Acquisitions Law, (1993 – 2022)
  • Recognized in The Best Lawyers in America©, Austin Banking and Finance Law Lawyer of the Year (2009); Austin Corporate Law Lawyer of the Year (2010;) Austin Mergers & Acquisitions Law Lawyer of the Year (2012)
  • AV® Preeminent™ Peer Review Rating, Martindale.com
  • Recipient, First Tee of Austin Award for Judgment (2010)
  • Recipient, Care Communities, Byron Cox Community Service Award (2008)
  • Recipient, Austin Bar Foundation, David Walters Community Excellence Award (2007)
  • Recipient, People’s Community Clinic, W. Neal Kocurek Award for Health Care Advocacy (2005)
  • Awarded, United Way/Capital Area, Community Champion Award (2005)
  • Awarded, United Way of Texas, Pioneer Award, Best volunteer in Texas from larger metropolitan United Ways (2013)

Community & Professional

  • Austin Area Research Organization (AARO) (Transportation Chair, Former President)
  • Austin Geriatric Center (Chair of the Board)
  • Episcopal Seminary of the Southwest (Executive Chair of the Board)
  • Rebekah Baines Johnson Center (Chair of the Board)
  • Shivers Cancer Foundation (Chair of the Board)
  • Lebermann Foundation (Board Member)
  • Travis County Hospital District (Board Member; Chair 2004-2007)
  • Capital Area United Way (Former Chair of the Board)
  • Greater Austin Chamber of Commerce (Former Chair of the Board 2012)
  • St. Stephen's Episcopal School (Former Chair of the Board)

Education

Southern Methodist University Dedman School of Law, J.D., 1975

Vanderbilt University, B.A., 1971

Bar admissions

  • Texas
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