Temple, Mark D.

Current Employment Position(s)

Partner

Lawyer Overview

Mark Temple defends companies in all areas of labor and employment law counseling and litigation. He has litigated cases before state and federal courts involving all types of discrimination, unlawful harassment, Employee Retirement Income Security Act violations, Family and Medical Leave Act claims, False Claims Act (qui tam actions), Sarbanes-Oxley claims, Fair Labor Standards Act (wage-hour) claims, breach of contract claims, and other workplace-related causes of action. Mark's experience in these areas ranges from single claimant cases to multiclaimant class actions. He served as lead counsel in a controversial age discrimination appeal featured on the cover of Texas Lawyer newspaper, Moss v. BMC Software, 610 F.3d 917 (5^th Cir. 2010). 

Mark regularly handles local and national noncompete cases and has extensive experience litigating matters in which emergency injunctive relief and expedited discovery is sought.  One such case was highlighted and described by the Houston Chronicle newspaper as “a gripping cloak-and-dagger tale.”

Mark is a frequent speaker at labor and employment seminars and has been repeatedly recognized by Texas Monthly magazine as one of the "Texas Rising Stars" in labor and employment law.

Many articles Mark has written on employment law topics have been published in both legal and business periodicals.  He has appeared on Houston’s ABC television affiliate and been quoted in the Houston Chronicle and the Houston Business Journal newspapers on legal developments impacting local and national employers.  Mark is also a coauthor of the Labor Management Law Answer Book 2011-12, published by Practising Law Institute. 

Areas of Practice

• Labor & Employment
• e-Discovery
• Privacy & Data Security
• Energy
• Class Action Employment Litigation
• Employee Benefits Counseling & Litigation
• Employment Aspects of Corporate Transactions
• Federal and State Wage-Hour Counseling & Litigation
• Noncompetition, Confidentiality, Trade Secret & Employee Raiding
• Single & Multiple Plaintiff Employment Litigation

Representative Cases

• American Commercial Lines obtains summary judgment in multi-million dollar retiree medical benefits case , (2010)
• Atlas Pipeline Partners sells Elk City System for $682 million to Enbridge Energy Partners , (2010)
• Bank of America defends against age and disability discrimination, retaliation and defamation lawsuit
• Chevron obtains TRO in trade secrets dispute over software program , (2010)
• Cumulus defends against breach of employment contract lawsuit , (2009)
• Evercore Capital acquires various Davis Petroleum entities in bankruptcy buyout , (2009)
• Flowers Foods seeks insurance coverage and contractual indemnity for potential liability arising out of fatal accident , (2009)
• Flowers seeks advice on ERISA matters
• Houston Bar Association hosts legal clinic for the indigent , (2009)
• Houston Bar Association's call-in clinic, LegalLines renders legal advice , (2004)
• Karl's Rental Center prevails in lawsuit alleging trade secret violations , (2009)
• Kirby Inland Marine seeks labor advice on non-compete matters , (2009)
• KPMG defends against age discrimination litigation , (2009)
• KPMG defends against breach of contract lawsuit based on sales commission agreement , (2009)
• KPMG defends against breach of contract litigation based on sales commission agreement , (2009)
• KPMG defends against gender discrimination litigation , (2009)
• KPMG defends against harassment and retaliation litigation , (2009)
• KPMG defends against litigation involving disability discrimination, retaliation, and Sarbanes-Oxley retaliation , (2009)
• KPMG defends against race discrimination litigation in Santa Clara County, California , (2009)
• Lennar defends against proposed wage and hour collective action , (2009)
• Lennar defends against putative class action involving allegations under misclassification theory , (2009)
• Major energy company purchases Energon natural gas storage and natural gas retail marketing business
• Miken defends against EEOC charge of race discrimination , (2009)
• Miken defends against EEOC charge of race discrimination , (2009)
• Miken defends against EEOC charge of race discrimination , (2009)
• Miken defends against EEOC charges of retaliation and race discrimination , (2009)
• Mosaic Sales defends against race discrimination, wrongful termination and slander lawsuit , (2009)
• Neopolitan, d/b/a Brown & Partners, litigates noncompete and trade secret action against former employee
• Newpark Drilling Fluids pursues theft of trade secrets lawsuit against former management employees
• OGE and Energy Transfer Partners propose $6 billion joint venture , (2009)
• PathFinder Energy defends against claims including trade secret misappropriation, breach of contract, tortious interference, breach of fiduciary duty, and Computer Fraud and Abuse Act , (2009)
• PathFinder Energy Services wins summary judgment in misappropriation of trade secrets action , (2009)
• Stewart & Stevenson, an affiliate of Parman Capital Group, obtains injunctive relief preventing former employee from using trade secrets
• Stewart & Stevenson, an affiliate of Parman Capital Group, successfully opposed a Petition for Writ of Mandamus in trade secrets matter , (2009)
• Toni&Guy pursue noncompete matter against former employees seeking to enjoin competitor
• TSRC acquires Dexco Polymers , (2011)
• Viking Range defeats Whirlpool in its attempt for injunctive relief to prohibit former exec from working at Viking
• W-H Energy defends claims of tortious interference and aiding and abetting , (2009)

West Practice Categories

Collective Bargaining, Employment Law -- Employee, Employment Law -- Employer, Labor Arbitration, Labor Disputes, Labor Law, Labor Legislation, Labor Relations Boards & Proceedings, Unfair Labor Practices, Unions, Wage & Hour Laws, Worker Adjustment and Retraining Notification (WARN) Act

Bar Admissions

• Illinois
• Texas

Education

• South Texas College of Law
• Texas A&M Univ- College Statio

Published Works

• Stock Options Now Valid Consideration for Noncompete Agreements in Texas, 2011
• Labor Management Law Answer Book 2011-12, Practising Law Institute, 2011
• Supreme Court Rules That FLSA's Anti-Retaliation Provision Covers Oral Complaints, 2011
• Labor & Employment Alert: OFCCP Issues Active Case Enforcement Directive, 2011
• Supreme Court Rules that Employee May Bring Title VII Retaliation Claim Based Upon Discrimination Charge Filed by Co-Employee, 2011
• Labor & Employment Alert: NLRB Orders Daily Compound Interest on Backpay Awards, 2010
• Employers Beware: A Storm of Trade Secret Theft Is Brewing!, Employment Law Strategist, Vol. 18, No 4, 2010
• The Technology Age, In Attorney’s ADEA Suit, 5th Circuit Panel Upholds Summary Judgment for Company, Texas Lawyer, 2010
• Federal Pleading in 2010, State Bar of Texas, 2010 Federal Court Practice Course, 2010
• Labor & Employment Alert: Supreme Court Issues Ruling in Lewis v. City of Chicago, 2010
• Preparing for Increased Wage and Hour Litigation and DOL Enforcement: A Primer for Texas Employers, 2010
• EEOC's proposed rule seeks to clarify the 'reasonable factor other than age' defense to disparate impact claims under the ADEA, 2010
• What to Do When Your Employee Takes Your Technology, State Bar of Texas, 8th Annual Advanced In-House Counsel Course, 2009
• Health Care Organizations Act Now to Avoid Problems with Unions, Houston Business Journal, Link to HBJ article, 2008
• BMC suit alleged data departed with executive: Company said director landed position at HP, took secrets along, Houston Chronicle, 2008
• To The Readers Of The Metropolitan Corporate Counsel: The Metropolitan Counsel, Link to MCC article, 2008
• Texas Case Serves as Warning for Disloyal Employees Jumping Ship, Houston Business Journal (noncompete / unfair competition article), 2008
• HR issues on the hot plate: Houston experts share insights on the ever-changing human resources scene, Houston Business Journal, 2006
• Working: Noncompete agreements now harder to get around, Houston Chronicle, 2006
• Texas Supreme Court Clarifies Confusion Over Enforcement of Noncompete Agreements for At-Will Employers, 2006
• Notice to the bar. Supreme Court of New Jersey. Advisory Committee on Professional Ethics, Opinion 708. Restrictive Covenants For In-House Counsel, The Metropolitan Corporate Counsel online, 2006

Address

717 Texas
Suite 3300
Houston, TX 77002-2712

Phones

1.832.239.3741 (Business Phone)

Faxes

1.832.239.3600 (Business Fax)

Emails

Contact Us (Business Email)

Websites

http://www.jonesday.com