Mark A. Shank

Mark Shank represents his clients with skill and passion in trial and at the negotiating table. His abilities in and out of the courtroom are invaluable in trials, arbitrations and investigations in a variety of industries, including technology, banking, financial services, multi-level marketing, telecommunications, manufacturing, health care, and various service industries. He is Board Certified in Civil Trial Law and Labor and Employment Law by the Texas Board of Legal Specialization and is an arbitrator for the American Arbitration Association.

Mr. Shank represents clients in a variety of labor and employment (advice and litigation) and business and litigation matters, and in investigations, including contract claims, business disputes, claims involving potential officer and director liability, employment discrimination, wage and hour disputes, and retaliation cases. He also has experience with disputes involving covenants not to compete, confidentiality, trade secret, and investigations. He routinely represents companies and executives in disputes and transactions involving executive compensation and related issues.

Mr. Shank currently serves as legal counsel to U.S. Congressman Pete Sessions.

Labor and Employment Litigation

• Currently lead counsel in several various FLSA class action matters
• Obtained summary judgment in multi-million dollar gender discrimination claim on behalf of national brokerage firm, with successful defense of appeal in Fifth Circuit and U.S. Supreme Court
• Investigation of alleged violation of Sarbanes-Oxley
• Investigation of alleged sexual harassment by partner in law firm
• Numerous internal investigations involving alleged sexual harassment, racial harassment and other allegations of mistreatment
• Obtained a take-nothing verdict on behalf of a transit company on a race discrimination claim tried before a jury
• Successfully defended several law firms in discrimination claims
• Obtained an injunction for a packaging company against a former employee for taking company property and potential workplace violence
• Handled numerous internal investigations involving alleged wrongful conduct by employees and former employees, including Sarbanes Oxley issues, accounting issues, and workplace misconduct issues

Commercial Litigation

• Successful defense and resolution of an injunction action involving purchase of a regional hospital, and claims involving breach of fiduciary duty, professional negligence, corporate governance, and ownership
• Investigation involving alleged financial malfeasance and appropriateness of tax treatment within a publicly traded company
• Successful defense and resolution of a shareholder's derivative action involving claims of wrongdoing by the CEO and CFO and involving an interpretation of Texas and Delaware law
• Successful defense and obtained dismissal of nationwide class action claim against arbitration association involving manner and method of selection of arbitrators
• Investigation involving alleged officer malfeasance and unfair treatment within publicly traded companies
• Successful defense and resolution of claims by a member of a medical partnership against the other partners, involving partnership claims and disability claims
• Defense in court and managed to successful resolution of a claim involving contempt of court and failure to deliver a source code
• Defense of a closely held software company in claims for injunctive relief and alleged self-dealing involving ownership of stock and intellectual property
• Prosecution and defense of numerous injunction matters involving claims of theft, trade secrets and intellectual property, inevitable disclosure, covenants not to compete, breach of duty of loyalty, and related matters
• Defense of a software piracy claim
• Jury trial involving ownership of oil and gas interests and interpretation of a "pugh" clause
• Obtained a take-nothing jury verdict on behalf of a manufacturer of a planer on a claim by a school boy for substantial bodily injuries and successful defense of the appeal in the Fifth Circuit

Arbitrations

• Multiple representations of clients in commercial and employment discrimination arbitrations
• Successful defense of company interests in wide range of arbitrations under collective bargaining agreements
• Service as an arbitrator for the American Arbitration Association and as a private arbitrator in a wide range of commercial and employment disputes

Professional / Civic

• State Bar of Texas
  • Director, 2002-2005
  • Chair, Labor and Employment Law Section, 1998-99
• Dallas Bar Association
  • President, 2001
  • Vice President and Chair
  • Chair, Labor and Employment Law Section, 1994
• Texas Young Lawyers Association, Chair, Vice President and Secretary, 1986-90
• Dallas Association of Young Lawyers, President, 1986
• Texas Bar Foundation, Chair, 2008-2009
• Dallas Bar Foundation, Vice-Chair
• Employment Law Counselor, Editorial Board of Advisors
• Federation of Defense and Corporate Counsel
• The College of the State Bar of Texas
• The Center for American and International Law Research Fellows
• Fellow of the American Bar Association
• Fellow of the Texas Bar Foundation
• Dallas Breakfast Group, Chairman
• Habitat for Humanity, Executive Committee
• Target Kids in Court Steering Committee
• Texas General Counsel Forum Board of Directors, 2001-2005
• Leadership Dallas, 1994
• East Dallas Chamber of Commerce
• Professional Bank, Board of Directors

Honors and Awards

• American College of Labor Lawyers
• "Best Lawyers Annual Guide to Labor & Employment Law," Corporate Counsel, 2008
• Best Lawyers in Dallas, D Magazine, 2001-present
• Texas Super Lawyer, Law & Politics Magazine and Texas Monthly, 2003-2011
  • Top 100 Lawyers in Texas
  • Top 100 Lawyers in Dallas
• Best Lawyers in America, Commercial Litigation and Labor & Employment Litigation, 1995-2012
• The World's Leading Business Lawyers, Chambers and Partners, London
• Who's Who Legal, Law Business Research Limited, London
• DAYL Foundation Award of Excellence, November 2006
• Judge Sam Williams Local Bar Leadership Award 2005-2006
• "Go-To" Lawyers: Labor and Employment, Texas Lawyer, 2003
• Member, American Board of Trial Advocates, 2002-Present
• President's Citation of Merit, State Bar of Texas, 2003
• Dallas Volunteer Project Pro Bono Service Award, 2001
• Most Outstanding Member, East Dallas Chamber of Commerce, 1998