Marc O. Knisely

Admission to Bar

  • Texas (1975)
  • United States Supreme Court
  • United States Court of Appeals for the Fifth Circuit
  • United States District Court for the Western District of Texas
  • Board Certified, Civil Appellate Law, Texas Board of Legal Specialization

Education

  • The University of Texas School of Law, J.D. 1975
  • Michigan State University, B.A. 1972 (with high honors, Phi Beta Kappa, Phi Kappa Phi, Honors College)

Professional Experience

  • Of Counsel, Jackson, Sjoberg, & Townsend, L.L.P. – (and predecessor firms) – (September 2010-Present)
  • Partner, McGinnis, Lochridge Kilgore, L.L.P. – (January 1982-August 2010)
  • Associate, McGinnis, Lochridge & Kilgore L.L.P. – (September 1977-December 1981)
  • Law Clerk: United States District Judge Reynaldo G. Garza (1975-77)

Professional Awards and Activities

  • Texas Bar Foundation
  • Bar Association of the Fifth Federal Circuit
  • Austin Bar Association
  • Federal Bar Association, Central Texas Chapter (President, 1993; Officer 1989-94)
  • United States District Court, Western District of Texas, Austin Division (Chair, Panel on ADR Neutrals, 1994-present; Chair, Alternative Dispute Resolution Committee, 1986-present)
  • Named a “Super Lawyer” by Thomson Reuters in 2003, 2005 – 2023 for Appellate Practice

Practice Area Information

Marc Knisely became Of Counsel to the Law Firm in September, 2010.

Marc Knisely is certified by the Texas Board of Legal Specialization in Civil Appellate Law and handles a broad array of state and federal appeals, including constitutional claims and issues; contract disputes; oil, gas, and other mineral matters; water law matters; torts; statutory claims and issues; and procedural questions. He has written and submitted numerous amicus curiae briefs and has handled appeals from a range of actions and proceedings in Texas administrative agencies. In addition to his appellate practice, Marc practices Texas coastal and river law, which includes matters such as coastal and river boundary disputes involving principles of littoral or riparian ownership, and Open Beaches Act questions.

  • Authored briefs resulting in favorable decisions from the Supreme Court of Texas and courts of appeals in important oil, gas, and other minerals cases, including accommodation doctrine, lease interpretation, and inverse condemnation disputes..
  • Convinced the Texas Supreme Court, following the Court’s issuance of an unanimous opinion adverse to client, to grant rehearing and rule in client’s favor.
  • Authored brief in case in which United States Court of Appeals for the Fifth Circuit affirmed judgment for school district defending claim on behalf of student killed at school.
  • Secured favorable outcome in leading Supreme Court opinion on seashore boundaries.
  • Authored amicus briefs in pending Texas Supreme Court cases supporting outcomes ultimately decided by the Court.
  • Procured rulings favoring clients in original proceedings in Texas Supreme Court and courts of appeals

Publications and Speeches

  • Author, Lightning Oil and the Right to Use of the Surface Estate for Oil and Gas Production on the Adjoining Property, Section Report of the Oil, Gas & Energy Resources Law Section of the State Bar of Texas, Vol. 40, No. 4 (Summer 2016).
  • Author, Chapter 3 (Administrative Procedures), Vol. 45, Texas Practice, Environmental Law (West Publishing Company, Jeff Civins, Jimmy Alan Hall, Mary K. Sahs, eds. 1997) (original and update author).
  • Contributing Author, General Practice Digest (prepare summaries of the appellate opinions concerning trial and appellate procedure for triannual publication by the General Practice, Solo, and Small Firm Section of the State Bar of Texas; 1988 to present).
  • Author, Case Law Update, 2011 Texas Water Law Institute (University of Texas, September 2011).
  • Author, Litigation Update, Texas Water Law Seminar (CLE International, September 2011).
  • Co-Author, Drafting Correct Appellate Court Judgments, Texas Association of Appellate Court Attorneys Annual Seminar (June 2011).
  • Author, Litigation Update, Texas Water Conservation Association/Texas Rural Water Law Association Water Law Seminar (January 2011).
  • Co-author, Render Unto Judge Calvert…Correct Appellate Court Judgments, The Appellate Advocate, Spring 2008.
  • Author, Profile; Reynaldo G. Garza, Fifth Circuit Reporter, Volume 7, No. 6 (April 1990), reprinted under title In Recognition of Judge Reynaldo G. Garza, 1 Hispanic Law Journal 2 (1994).
  • Contributing author, Texas Appellate Practice Manual, (2nd Ed. 1993).