Practice Areas
Business Litigation
Employment
Employment Litigation
Litigation
Trade Secrets
Practice Emphasis
Mark Simon is an A-V rated trial attorney. Mr. Simon has represented clients ranging from public corporations and governmental entities to small start-up businesses. He has been lead trial attorney in cases involving contracts, construction, deceptive trade practices, fraud, lender liability, real estate transactions, receiverships, secured transactions, and other business disputes. Moreover, he has defended management, and represented select individuals, before federal and state courts across the United States in all areas of employment law, including employment discrimination, harassment, retaliation, wrongful discharge, wage-hour, noncompete agreements, non-solicitation agreements, trade secrets, ERISA and independent contractor litigation. Additionally, Mr. Simon assists employers to formulate effective strategies to address and resolve business problems, and has extensive experience in training employers and managers to recognize and deal effectively with day-to-day issues.
Representative Matters
National counsel for nation’s largest retailer in over 300
of its ERISA denial of benefits cases throughout the United States.
Successfully defended national fast food chain in numerous
race, sex, national origin, and wrongful termination claims throughout
the United States.
Defended national business machine company in ADEA case in which
plaintiff was terminated as regional manager and replaced with younger
individual. After initial six figure demand, case settled at
mediation for two month’s base salary.
Successfully defended national radio company in action brought by
another national radio company in its efforts to enforce covenant not
to compete for one of its on air radio personalities.
Represented nation’s largest franchisee of national motel chain
in construction litigation matter against twelve defendants. Matter
was successfully settled with client receiving and collecting damages
and seven figure attorneys’ fee payment.
Negotiated terms of joint venture between client and German corporation
resulting in formation of a third China manufacturing entity.
Represented a multi-platinum recording artist in claim involving
the alleged use of a copyright protected mural in a video that frequently
appeared on MTV and similar music television networks.
Successfully defended national apparel manufacturer in a claim that
alleged numerous violations of the Employee Polygraph Protection Act.
Successfully defended prior owners of travel agency in a lawsuit
brought by purchaser of the agency alleging common law fraud and deceptive
trade practices.
Successfully defended one of the nation’s largest insurers
in litigation involving a claim for disability benefits under ERISA. The
suit was originally brought as a claim of interference with protected
benefits.
Counsel in $200 million suit brought by investors and alleged numerous
fiduciary breaches on the part of account sponsor. Ultimately
obtained multi-million dollar settlement on behalf of $1 billion public
retirement system including payment of attorneys’ fees.
Education and Professional Background
- State Bar of Texas
- State Bar of Mississippi
- U.S. Supreme Court
- U. S. Court of Appeals 3rd Circuit
- U. S. Court of Appeals 5th circuit
- U. S. Court of Appeals 11th Circuit
- U.S. District Court Northern District of Texas
- U. S. District Court Southern District of Texas
- U. S. District Court Eastern District of Texas
- U. S. District Court Western District of Texas
- U. S. District court Southern District of Mississippi
- U. S. District Court Eastern District of Arkansas
- U. S. District Court Western District of Arkansas
- Mississippi College School of Law, May 1983, J.D.
- Millsaps College, May, 1979, B.S.
