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Mark A. Shank

 | Partner
mshank@ghjhlaw.com
214.855.6846 direct
214.855.6808 fax
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1445 Ross Avenue
Suite 2500
Dallas, TX 75202
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Overview

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.

Representative Experience

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
  • Successful defense and resolution of Class Action matters under Rule 23 Federal Rules of Civil Procedure, and state law equivalents in a wide variety of areas, including employment law and the FCRA
  • 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 Affiliations

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
  • Dallas County Community College District 2014-2015 Academic Year Hearing Officer

Honors and Awards

  • Board of Directors Award: The award recognizes outstanding services as a board member in advancing the mission of Habitat for Humanity.
  • 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, 2003-2014
    • Top 100 Lawyers in Texas
    • Top 100 Lawyers in Dallas
  • Best Lawyers in America, Commercial Litigation and Labor & Employment Litigation, 1995-2015
  • 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
  • AV rated by Martindale-Hubbell

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News

09.22.14|Nine Attorneys from Gruber Hurst Johansen Hail Shank Recognized in  2014 Texas Super Lawyers Listing
08.19.14|Five Gruber Hurst Attorneys Recognized Among The Best Lawyers in America
05.28.14|Harrison, Shank Recognized Among Nation’s Top Attorneys
04.23.14|Gruber Hurst Johansen Hail Shank Partners Featured Among Best Lawyers in Dallas
09.16.13|Eight Attorneys from Gruber Hurst Johansen Hail Shank Recognized in 2013 Texas Super Lawyers Listing
08.15.13|Four from Dallas’ Gruber Hurst Named to The Best Lawyers in America for 2014
07.05.13|Mark Shank comments in The Dallas Business Journal on increase in ADA lawsuits
06.25.13|Mark Shank comments on obesity claims under the ADA in the Dallas Business Journal
06.19.13|Mark Shank comments on Wal-Mart’s lawsuit against a local activist group, national labor organizations in the Dallas Business Journal
04.25.13|Gruber Hurst Johansen Hail Shank Partners Earn D Magazine’s Best Lawyers in Dallas Honors
01.01.13|Mark Shank comments on employer issues with social media, new technology
11.08.12|Gruber Hurst Honored Among Top Ranked Law Firms in Texas
10.24.12|It's a BYOD (Bring Your Own Device) World
10.01.12|Mark Shank Comments on Avoiding Conflicts
09.21.12|Gruber Hurst Johansen Hail Shank LLP Launch Access to Justice
09.17.12|Gruber Hurst Partners Recognized in 2012 Texas Super Lawyers Listing
09.07.12|Gruber Hurst Honored Among Top Ranked Law Firms in Texas
06.12.12|Gruber Hurst Attorneys Earn Unprecedented Recognition
06.08.12|Dallas’ Mark Shank Recognized Among Top U.S. Labor & Employment Lawyers
05.04.12|Mark Shank Comments on Executive Compensation Package of new DISD Superintendent
04.19.12|Three Gruber Hurst Johansen Hail Shank Partners Featured Among Dallas' Best Lawyers
02.10.12|Dallas Area Habitat for Humanity Announces Newly Elected Board of Directors and Officers
11.01.11|Gruber Hurst Johansen Hail Shank Named Among North Texas’ Top Litigation Firms
05.26.11|Three Gruber Hurst Johansen Hail Shank Partners Featured Among Dallas Best Lawyers
05.01.11|Dallas Law Firm Changes Name to Gruber Hurst Johansen Hail Shank
03.11.11|Michael Hurst comments on Alternative Fees in Dallas Business Journal
02.03.11|Mark Shank outlines the opportunity to reinforce employment policies and combat the “Super Bowl Flu” for ILStv.com
01.21.11|Mark Shank comments on the legal considerations for corporate wellness programs in the Dallas Business Journal
09.14.10|Gruber Hurst Attorneys Honored in 2010 Texas Super Lawyers List
08.24.10|Dallas Attorney Mark Shank Named Among Nation's Top 100 Employment Lawyers
08.13.10|Three Dallas Litigators Named Among "The Best Lawyers in America"
03.26.10|Mark A. Shank, Partner with Gruber Hurst Johansen Hail, to Serve on Civil Trial Law Exam Commission
03.26.10|Dallas Attorney Mark Shank Elected Chair-Elect of the Board for the Dallas Bar Foundation
12.11.09|Firm Attorneys Build Homes in Thailand as Habitat for Humanity Volunteers
09.17.09|Five Gruber Hurst Attorneys Honored in Texas Super Lawyers List
07.01.09|Gruber, Hurst and Shank named to D Magazine's Best Business Lawyers in Dallas 2009
05.14.09|Mark Shank and John Turner published in Texas Bar Journal (PDF)
05.11.09|Three Partners Named Best Personal Lawyers in Dallas 2009 by D Magazine
03.02.09|Prominent Dallas Attorney Mark A. Shank joins Gruber Hurst Johansen Hail

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Practices

Education

Admitted to Practice

State Bar of Texas, 1981

State Bar of Missouri, 1979

U.S. Supreme Court

U.S. Court of Appeals, Fifth Circuit

U.S. District Court Northern, Southern, Western and Eastern Districts of Texas

 

 

 

 

 

Mr. Shank’s book “Texas Litigator’s Guide to Departing Employee Cases” was published in 2014 by Texas Lawyer. To order, click here.

 

Admitted to Practice

Years in Practice

35

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