2011 Super Lawyers Pro Bono Award
Attorney Profile

Mark A. Shank

Mark Shank

Gruber Hurst Johansen Hail Shank LLP
1445 Ross Avenue, Suite 2500
Dallas, TX 75202

Dallas

Texas (TX)

Contact Contact Mark A. Shank
T: 214-855-6846
F: 214-855-6808

Visit: www.ghjhlaw.com
Practice Areas: Employment & Labor (80%), Civil Litigation Defense (20%)

Employment & Labor

Civil Litigation Defense

Profile

Mark Shank represents clients through trials and negotiations in a variety of labor and employment and business and litigation matters. This experience includes representing clients in contract claims, business disputes, claims involving officer and director liability, employment discrimination, wage and hour disputes, and retaliation cases. He routinely represents companies and executives in disputes involving covenants not to compete, confidentiality, trade secret, and investigations, as well as matters involving executive compensation and related issues. He has represented corporations and individuals in a wide range of industries including technology, banking, financial services, multi-level marketing, telecommunications, manufacturing, health care, and various service industries.

Selected To

Texas Super Lawyers 2011
Texas Super Lawyers 2010
Texas Super Lawyers 2009
Texas Super Lawyers 2008
Texas Super Lawyers 2007
Texas Super Lawyers 2006
Texas Super Lawyers 2005
Texas Super Lawyers 2004
Texas Super Lawyers 2003

About Mark Shank

Admitted: 1979, Texas

Professional Webpage: www.ghjhlaw.com/Mark-Shank.aspx

Honors and Awards:

  • Board Certified in Civil Trial Law by the Texas Board of Legal Specialization; Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization; Arbitrator – American Arbitration Association; Corporate Counsel –"Best Lawyers, Labor & Employment Law" – 2008; D Magazine – “Best Lawyers in Dallas” – 2001-2008; Texas Super Lawyer – 2003-2009; Texas Super Lawyer – “Top 100 Lawyers in Texas” – 2003-2009; Texas Super Lawyer – “Top 100 Lawyers in Dallas” –2003-2009; Best Lawyers in America – 1997-2009; Chambers and Partners – The World's Leading Business Lawyers; Who's Who Legal, Law Business Research Limited, London; Dallas Association of Young Lawyers Foundation Award of Excellence – 2006; Judge Sam Williams Local Bar Leadership Award – 2005-2006; Texas Lawyer – "Go-To" Lawyers: Labor and Employment – 2003; State Bar of Texas – President's Citation of Merit – 2003; Dallas Volunteer Project Pro Bono Service Award – 2001; East Dallas Chamber of Commerce – Most Outstanding Member – 1998.

Bar/Professional Activity:

  • PROFESSIONAL EXPERIENCE: 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. Represented clients in 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. 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. 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. 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. Obtained dismissal of nationwide class action claim against arbitration association involving manner and method of selection of arbitrators. Resolved partnership and disability claims by a member of a medical partnership against the other partners 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. Obtained a take-nothing jury verdict on behalf of a manufacturer involving a substantial bodily injury claim and successful defense of the appeal in the Fifth Circuit. 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 ACTIVITIES: State Bar of Texas; American College of Labor Lawyers; American Board of Trial Advocates; 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 - Secretary, 1986-1987, Vice President, 1987-1988, Chairman, 1988-90; Dallas Association of Young Lawyers – President, 1986; Texas Bar Foundation – Chairman – 2008-2009; Dallas Bar Foundation, Vice-Chairman; Employment Law Counselor, Editorial Board of Advisors; Federation of Defense and Corporate Counsel; The Center for American and International Law Research Fellows; Fellow of the American Bar Association; Fellow of the Texas Bar Foundation; Texas General Counsel Forum – Board of Directors – 2001-2005.   BAR ADMISSIONS: State Bar of Texas; State Bar of Missouri; U.S. Supreme Court; U.S. Court of Appeals for the Fifth Circuit; U.S. District Courts for the Northern, Eastern, Southern, and Western Districts of Texas.

Pro bono/Community Service:

  • Leadership Dallas; Dallas Breakfast Group – Chairman; Habitat for Humanity – Executive Committee; Target Kids in Court Steering Committee; East Dallas Chamber of Commerce; Professional Bank – Board of Directors.

Scholarly Lectures and Writings:

  • PRESENTATIONS AND PUBLICATIONS: "Wage and Hour Update: "Hot Wage and Hour Issues: When Did Your Employees Start Working Today?" – Webinar with Patrick Madden; "Cross Examination in Employment Cases" – ABA Section of Labor & Employment Law 2nd Annual CLE Conference ; "Show me the Money:  Damages in Employment Cases" – University of Houston Law Center's Advanced Employment Law ; "An Employer's Guide to Avoiding Criminal Liability:  Examining the Confluence of Criminal and Employment Law" – SBOT 16th Annual Advanced Employment Law Course ; SBOT Labor and Employment Law Section's Annual Fall Update/Skills Seminar ; "2007 Update on Employment Law" – DBA Labor & Employment Section; Contributing Author, O'Connor's Texas Causes of Action; "Internal Affairs: Ethical Issues for In-House Counsel in Workplace Investigations" – DBA Corporate Counsel Section; "Issues in Director Retention and Recruitment" – American Society of Corporate Secretaries; "Damages in Employment Law Cases" – State Bar of Texas Advanced Employment Law Seminar; "Implementation of Effective Whistle-Blowing Procedures Consistent with Sarbanes-Oxley" – State Bar of Texas Annual Meeting; "Evolving Role of Corporate Counsel in Post-Enron Environment" – Texas Center for Legal Ethics and Professionalism; Executive Lawyer – “An Employer's Best Defense: Plan Ahead”.
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