Mark’s practice focuses on a wide array of commercial litigation and employment-related disputes, including contract disputes, privacy claims, business torts, consumer claims, Racketeering Influenced Corrupt Organization Act (RICO), trade secrets, wage and hour (overtime) and wrongful termination claims. Most of the actions he defends are brought as putative class or collective actions. He therefore routinely defends against class certification motions.
Representative Legal Matters
- Currently representing leading jobsite technology and equipment rental firm in defense of over 25 trade secret cases filed across the county. Successfully consolidated federal actions into one MDL and multiple Texas cases into one state MDL to streamline discovery and pre-trial proceedings.
- Defended national poultry producer in breach of contract and negligence action jury trial. Jury awarded breach of contract counterclaim damages and rejected Plaintiff's claim for over USD 20 million in punitive damages.
- Represented one of the nation's leading antivirus software manufacturers in a putative nationwide class action involving allegations by potentially millions of consumers under various California consumer protection statutes.
- Secured court order granting motion to dismiss all claims while defending a global provider of logistics and contingency operations in putative class action. Fifth Circuit affirmed. In US District Court for the Northern District of Texas, plaintiff alleged violations of foreign service employment agreements for work performed in Kuwait.
- Defended nationwide retailer in a California putative class action alleging breach of privacy and alleged violations of the Fair and Accurate Credit Transactions Act (FACTA). Obtained summary judgment on all claims.
- Defended nationwide restaurant and entertainment chain in two class actions filed in state court in California involving 19,000 employees who alleged overtime, break time, meal break, wage statement and unfair competition claims. Obtained early successful settlement.
- Represented multinational poultry producer in a MDL collective action involving allegations by more than 13,000 class members that the defendant failed to compensate class members for (1) time spent "donning and doffing" personal protective equipment, (2) "walking time," and (3) time spent working "off-the-clock."
- Served as lead counsel for international restaurant chain in a putative class action alleging that defendant misclassified certain salaried restaurant managers and owed over USD 20 million in overtime pay and penalties. Defeated class certification twice.
- Defended large poultry producer in putative class action alleging defendant knowingly hired illegal aliens in violation of RICO in the US District Court of Northern Alabama. Defendants prevailed on summary judgment and a motion to strike plaintiffs' damages expert, a Harvard professor/economist.
- Represented Fortune 500 entity in the defense of a racial discrimination claim involving nine named plaintiffs and more than 5,000 putative class members. Court denied certification and granted summary judgment against each named plaintiff.
- Served as lead counsel for a Fortune 500 entity in its hostile takeover-related litigation. The target of the client's hostile tender offer bid alleged that the offer – valued at approximately USD 1.3 billion – violated the prohibitions on interlocking directorates under Section 8 of the Clayton Act and various tender offer rules.
- Represented international telecommunications company in trade secret litigation trial against start-up entity and former employees. After a lengthy jury trial, successfully settled the case for nearly nine figures, including USD 75 million in stock issued by the start-up entity.
- Represented a Tokyo-based developer, manufacturer and publisher of electronic entertainment properties in patent and trademark infringement action involving infringement of the popular dance game "Dance Dance Revolution."
Professional Associations and Memberships
- State Bar of Texas
- American Bar Association
- Dallas Bar Association
- Member, North America Trade Secrets Practice
- U.S. Supreme Court~United States (1993)
- U.S. Court of Appeals, Fifth Circuit~United States (1992)
- U.S. Court of Appeals, Eighth Circuit~United States (2006)
- U.S. Court of Appeals, Ninth Circuit~United States (1995)
- U.S. Court of Appeals, Tenth Circuit~United States (1999)
- U.S. Court of Appeals, Eleventh Circuit~United States (2006)
- U.S. District Court, Northern District of Texas~United States (1988)
- U.S. District Court, Southern District of Texas~United States (1992)
- U.S. District Court, Eastern District of Texas~United States (1992)
- U.S. District Court, Western District of Texas~United States (1992)
- Supreme Court of Texas~United States (1986)
- Texas~United States (1986)
- Texas Tech University (J.D.) (1986)
- Texas A&M University (Bachelor of Business Administration, cum laude) (1983)