Current Employment Position(s)

Partner

Lawyer Overview

Mark Temple has a national practice that focuses on trade secret and noncompete issues and other types of labor and employment law concerns. He handles a wide variety of matters ranging from counseling to all phases of litigation. He has litigated cases pending in state agencies, before arbitration panels, and before state and federal courts involving illegal discrimination (race, age, gender, national origin, disability, and workers' compensation), 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 and hour) claims, breach of contract claims, and other workplace-related causes of action.

Mark is a frequent speaker at labor and employment seminars and has been repeatedly recognized by Texas Lawyer and Texas Monthly magazines as one of the "Texas Rising Stars" in labor and employment law. Prior to joining Jones Day, Mark was a shareholder (partner) in the Houston office of Littler Mendelson.

While studying for his law degree, Mark completed a summer law program in 1993 at the University of Innsbruck in Austria, where he received instruction from Justice John Paul Stevens. Mark also attended school in Italy during his undergraduate studies.

Areas of Practice

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

Representative Cases

• Amy White v. KPMG (Equal Employment Opportunity Commission Charge Nos. 330-2005-05559 and 330-2005-05559C, Department of Labor Charge No. 6-3280-6-901)
• Annie Morgan v. Mosaic Sales Solutions Operating Company, Case No. SC51C0066936 (State Court, Harris County, Texas)
• APR Acquisition, Inc., et al. v. Karl's Rental Center, Inc., et al., Cause No. 2007-74590, 270th Judicial District Court of Harris County, Texas
• Bobby Hardy v. Miken Specialties Ltd., Equal Employment Opportunity Commission Charge No. 460-2007-00630
• Claimant vs. KPMG LLP, Case No. 57 160 M 0002905 (American Arbitration Association – Dallas)
• Fernanda Ramirez, et al. v. Leeland Baking Co., et al., Cause No. 2007-18462; 125th Judicial District Court in and for Harris County, Texas
• Francis Outlaw vs. Klynveld Peat Marwick Goerdeler, et al., Case No. BC 327803 (Superior Court of the State of California for the County of Los Angeles
• In Re Patrick H. McGuirt, No. 01-08-53-CV, First Court of Appeals, Houston, Texas (original proceeding)
• In re Scientific Drilling International, Inc., Cause No. 06-20933 (5th Cir. 2006) (original proceeding)
• Jacqueline Price vs. KPMG, LLP and Does 1-10, inclusive, Cause No. 1-05-CV-043385 (Superior Court, Santa Clara County, California)
• Jarvis Prather v. Miken Specialties Ltd, Equal Employment Opportunity Commission Charge No. 460-2006-04612
• John Marshall Harlan v. Bank of America, Inc., Banc of America Investment Services, Inc., Case No. H-06-0963 (S.D. Tex. 2006)
• Kevin D. Bell v. Miken Specialties, Ltd, Equal Employment Opportunity Commission Charge No. 460-2006-04616
• Margie Martin-Luis v. KPMG LLP, Case No. 04-21940 CA 30 (11th Cir., Miami Dade County, Florida)
• Marie Pham Bravata vs. KPMG, Case No. BC 340709 (Superior Court of the State of California for the County of Los Angeles)
• Marlin Jay Smoot a/k/a Jim West v. Cumulus Broadcasting, LLC, Cause No. B-0175701 (State Court, Jefferson County, Texas)
• Neopolitan, L.P. d/b/a Brown + Partners and BrandAgent v. Palisi Design, L.L.C., d/b/a BrandMechanix, Todd Palisi and Kelly Palisi, Cause No. 06-04708 (State Court, Dallas County, Texas)
• Newpark Drilling Fluids, L.L.C. vs. Spirit Drilling Fluids, Ltd., et al, Cause No. 2007-08624 (State Court, Harris County, Texas – Houston)
• Paul Pastore vs. KPMG LLP, Cause No. BC341215 (Superior Court, Los Angeles County, California)
• Scientific Drilling International, Inc. v. PathFinder Energy Services, Inc. et. al.
• Scientific Drilling International, Inc. v. Pathfinder Energy Services, Inc., Civil Action No. H-06-1634 (S.D. Tex. – Houston)
• Scientific Drilling International, Inc. vs. W-H Energy Services, Inc.
• Scott Garrett v. Lennar Homes, Inc., Case No. 06-80806 (S.D. Fla.)
• Steven VanZandt v. Miken Specialties Ltd., Equal Employment Opportunity Commission Charge No. 460-2007-00629
• Stewart & Stevenson LLC v. Patrick H. McGuirt, Cause No. 2008-02622, 55th Judicial District Court of Harris County, Texas
• Whirlpool v. Larkin and Viking Range Corp., Case No. 1:07-CV-1241, US Dist Court, Michigan, Western District
• Advice
• Advice
• Advice and Referrals , (2004)
• Buyout
• Buyout
• Joint Venture
• Legal Clinic
• Noncompete Matter Against Former Employees

West Practice Categories

Collective Bargaining, Employment Law -- Employee, Employment Law -- Employer, International Law, 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

Published Works

• Health Care Organizations Act Now to Avoid Problems with Unions, Houston Business Journal, Link to HBJ article, 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
• Texas Supreme Court Clarifies Confusion Over Enforcement of Noncompete Agreements for At-Will Employers, 2006
• Noncompete agreements now harder to get around, Houston Chronicle, 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