Oberti Sullivan LLP

713.401.3555

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Mark J. Oberti

Mark Oberti

Email: mark@osattorneys.com
Ph: 713.401.3556
Fax: 713.401.3547
VCF File: Click Here

Relevant Texas And Other Employment Law Experience

Mark is intense and unrelenting. He's always been that way. When he was 17 years old, Mark graduated from high school early to join the U.S. Army. He served three years in the Army, and was awarded two Army Achievement Medals and the Good Conduct Medal. After that, Mark earned his college degree from Wayne State University in Detroit in less than three years. Then, he attended the University of Houston Law Center, where he graduated cum laude, and was in the top 10% of his graduating class. During law school Mark won American Jurisprudence Awards in his Insurance Law and Business Organizations classes.

Mark is widely recognized for his work.  He is Board Certified in Labor & Employment Law by the Texas Board of Legal  Specialization.  In 2015, the publication The Best Lawyers In America recognized him for both Litigation - Labor & Employment and Employment Law-Management.  In 2009 and for every year following, Mark has been recognized as a Super Lawyer, a Thompson Reuters service printed in Texas Monthly.  In 2015, the same publication recognized him as a "Top 100 Houston Super Lawyer."  In 2012 and 2013, the Texas Lawyer magazine named him "Litigator of the Week."

Mark is a frequent commentator on employment law issues in The Houston Chronicle. He teaches many classes at Lawline.com, with a very high "course rating."  He routinely handles race discrimination, retaliation, sex discrimination, sex harassment, age discrimination, age harassment, disability discrimination (ADA), disability (reasonable accommodation), whistleblower, FLSA (unpaid overtime and minimum wage), collective actions, Sarbanes-Oxley Act retaliation claims, Dodd-Frank Act retaliation claims, and many other employment law cases.  For an overview of Mark's employment law experience click here.  

In 1998, Mark joined Seyfarth Shaw LLP, one of the largest and most respected labor and employment law firms in the United States.  Based on his proven results, Seyfarth Shaw LLP named Mark a partner in 2003.  Mark left Seyfarth Shaw LLP in June 2010 to pursue a vision he shares with Ed Sullivan:  To build a law firm that sets the standard for excellence in labor and employment law.

To Mark, practicing law and representing the Firm's clients is not work, but rather a passion and a privilege. It is also a lot of fun. Because of his attitude, Mark has often achieved winning results for his clients.  For example, on February 15, 2013, Mark obtained a substantial jury verdict on an age discrimination case against Williams-Sonoma.

He has also obtained summary judgments in dozens of cases for employers (see Mark's Relevant Texas and Other Employment Law Experience) and also has substantial first-chair trial experience. In May 2002, he first-chaired a four-day race discrimination jury trial that resulted in a verdict for his client. In March 2005, he first-chaired a three-day disability discrimination jury trial that resulted in a verdict for his client. Mark has also argued and won numerous appeals, including the published cases of Mason v. United Air Lines, Inc., 274 F.3d 314 (5th Cir. 2001) (an ADA case), Newsom v. Brod, 89 S.W.3d 732 (Tex. App.--Houston [1st Dist.] 2002, no pet.) (a defamation case), and Baker Hughes Oilfield Operations, Inc. v. Williams, 360 S.W.3d 15 (Tex. App.--Houston [1st Dist.] 2011, pet. denied) (a race discrimination case).

Due to his knowledge of the law and entertaining demeanor, Mark is frequently invited to speak at seminars on employment law issues. He has spoken at seminars sponsored by the National Employment Law Institute, the State Bar of Texas, South Texas College of Law, the University of Houston Law Foundation, Houston Bar Association, American Petroleum Labor Lawyers Association, Lorman Education Services, and the Council on Education in Management on a wide variety of HR and employment law topics, including the Americans with Disabilities Act, Title VII, the ADEA, Retaliation, the FMLA, the FLSA, Damages, Religious Discrimination, Pregnancy Discrimination, EEOC Practice and Litigation, Ethics, Covenants not to Compete, and Trade Secret law. 

"Retaliation and Whistleblowing," National Employment Law Institute, San Diego, CA (March 2017)

"Top Ten Fifth Circuit Employment Law Cases of 2016," State Bar of Texas, Austin, TX (February 2017) 

"Retaliation and Whistleblowing," National Employment Law Institute, New Orleans, LA (December 2016) 

"Retaliation and Whistleblowing," National Employment Law Institute, Chicago, IL (November 2016) 

“Top 10 Ways Plaintiffs Try to Prove Pretext in Discrimination and Retaliation Cases,” State Bar of Texas, Austin, TX (November 2016)

"ADA Issues That Continue to Confound and Confuse Employers, and Give Hope To Even Slightly Impaired Plaintiffs and their Lawyers," Houston Bar Association's Labor & Employment Section, Houston, Texas (August 2016)

"Retaliation and Whistleblowing," National Employment Law Institute, Washington, D.C. (July 2016) 

"Top 5 Fifth CIrcuit Cases of the Past 12 Months," Oberti Sullivan CLE, Houston, TX (May 2016)

"Retaliation and Whistleblowing," National Employment Law Institute, Chicago, IL (May 2016) 

"Retaliation and Whistleblowing," National Employment Law Institute, Phoenix, AZ (March 2016) 

"In House Counsel Employment Law Primer:  10 Tips For Identifying Risk, Minimizing Liability, and Creating Clarity and Calm out of Confusion and Chaos," State Bar of Texas, Austin, TX (March 2016)

"Retaliation and Whistleblowing," National Employment Law Institute, Fort Lauderdale, FL (March 2016) 

"Retaliation and Whistleblowing," National Employment Law Institute, New Orleans, LA (December 2015) 

"Top 10 Fifth Circuit Employment Cases Of The Year," State Bar of Texas, Austin, TX (November 2015)

"Retaliation and Whistleblowing," National Employment Law Institute, Chicago IL (November 2015)

“The Fifth Circuit and Employment Law Cases 2014-2015: What You Need To Know,” Houston Bar Association's Labor and Employment Section, Houston, TX (October 2015)

"Updates to Whistleblowing and Retaliation," Clear Law Institute webinar, Houston, TX (September 2015)

“Retaliation Update,” State Bar of Texas Labor and Employment Section’s 26th Annual Labor Law and Employment Law Institute, San Antonio, TX (September 2015).

"Litigating Employment Retaliation Claims," Strafford, a national provider of CLE webinars, Houston, TX (August 2015) 

"Managing Cancer in the Workplace: Legal and Practical Solutions for Accommodating Employees with Cancer," Center for Competitive Management, Houston, TX (August 2015)

“Complex Retaliation and Whistleblowing Claims,” National Employment Law Institute, Washington, D.C. (July 2015)

“Complex Retaliation and Whistleblowing Claims,” National Employment Law Institute, Chicago, IL (July 2015)

"Non-Compete Litigation:  Where We Stand," Oberti Sullivan LLP CLE, Houston, TX (April 2015)

"ADA:  Enforcing Conduct Rules," National Employment Law Institute, Chicago, IL (April 2015)

"Updates to Whistleblowing and Retaliation: Sarbanes-Oxley, Dodd-Frank, and Title VII (Update)," Lawline.com (March 2015)

"Non-compete Drafting and Litigation," State Bar of Texas, Dallas, TX (March 2015)

"Employment Law Issues In The Oil Patch," Houston Bar Association's Labor and Employent Section, Houston, TX (March 2015)

"Complex Retaliation and Whistleblowing Issues," National Employment Law Institute, Vail, CO (March 2015)

"The Departing Texas Employee, Including Noncompetes, Trade Secrets, Fiduciary Duties & the 'Inevitable Disclosure' Doctrine (2015 Update)," Lawline.com (January 2015)

"Retaliation and Whistleblowing," National Employment Law Institute, New Orleans, LA (December 2014)

"Retaliation and Whistleblowing," National Employment Law Institute, Chicago, IL (November 2014)

"Top 10 Fifth Circuit Employment Law Cases Every Lawyer Must Know," State Bar of Texas, Austin, TX (October 2014)

"The Ten Employment Cases You Must Know About:  Learn Them Now, Or (To Your Regret), Learn Them Later," State Bar of Texas, Austin, TX (October 2014)

"Protected Activity and Whistleblowing:  Retaliation Claims on the Rise, Presentation with Andrew Golub for the State Bar of Texas's 25th Annual Labor & Employment Law Institute, San Antonio, TX (September 2014)

"Emerging Issues in Whistleblower Law," ALI CLE 21st Annual Advanced Course on Current Developments in Employment Law, Santa Fe, New Mexico (July 2014)

"Understanding the Complexities of Retaliation and Whistleblowing Claims," National Employment Law Institute's 37th Annual Employment Discrimination Law Update, Washington D.C. (July 2014)

"Rumbles in the C Suite: Representing Executives In Employment Disputes in Texas," Lawline.com (July 2014)

"The New Wave of Retaliation Cases," Houston Bar Association, Labor and Employment Section (June 2014)

"Understanding the Complexities of Retaliation and Whistleblowing Claims," National Employment Law Institute's 19th Annual Mid-Year Employment Law Conference, Chicago, Illinois (May 2014)

"ADA:  Direct Threat and Enforcing Conduct Rules," National Employment Law Institute's 24th Annual ADA & FMLA Compliance Update, Washington D.C. (April 2014)


"New Retaliation and Whistleblowing Developments," National Employment Law Institute's Thirty-Third Annual Employment Law Briefing, San Diego, California (March 2014)

"Growing Surge in Retaliation and Whistleblowing," National Employment Law Institute's Thirty-Fourth Annual Employment Law Conference, New Orleans, Louisiana (December 2013)

"Growing Surge in Retaliation and Whistleblowing," National Employment Law Institute's Thirty-Fourth Annual Employment Law Conference, Chicago, Illinois (November 2013)

"Sarbanes Oxley & Dodd Frank: Updates in Whistleblowing Cases & Retaliation," Lawline.com, New York, New York (October 2013)

"Employment Mediation Update: New & Emerging Implications for Mediation," Association for Conflict Resolution - Houston Chapter, Houston, Texas (September 2013)

"15 Tips For Starting A Successful Plaintiffs Employment Law Practice," Lawline.com (August 2013)
 
"Current Developments in Employment Law," American Law Institute's CLE, Santa Fe, New Mexico (July 2013)

"EEOC: Procedure, Mechanics and Impacts on Future Litigation,"Lawline.com (June 2013) 

“2013 Update:  Texas Noncompete Law; Trade Secrets Litigation; Texas Adopts The Uniform Trade Secrets Act; Inevitable Disclosure Doctrine; and Fiduciary Duties,” Austin, Texas (June 2013)

"Growing Surge in Retaliation and Whistleblowing," National Employment Law Institute's 18th Annual Employment Law Conference, Washington D.C. (May 2013) 

“ADA/FMLA Compliance Update,” National Employment Law Institute, Chicago, Illinois (April 2013)

“Growing Wave in Retaliation and Whistleblowing,” National Employment Law Institute’s 2013 Employment Law Briefing, Disney World, Florida (March 2013)

“The Departing Texas Employee: Noncompetes, Trade Secrets, Fiduciary Duties And The 'Inevitable Disclosure' Doctrine," Lawline.com (November 2012)

“Top 10 Ethical Traps for Employment Lawyers (And How To Avoid Them),” State Bar of Texas, Austin, Texas (November 2012)

“FMLA Practice and Pitfalls,” National Employment Law Institute’s Employment Law Conference in Washington, D.C. (November 2012)

“Vetting Plaintiffs’ Employment Cases:  Tips, Tactics, and Traps,” Houston Bar Association’s Labor and Employment Section, Houston, Texas (November 2012)

“The New Wave of Retaliation and Whistleblowing,” Thurgood Marshall School of Law - Texas Southern University’s Fall 2012 Civil Rights Symposium, Houston, Texas (November 2012)

“The FMLA: An Employer’s Roadmap To Rooting Out Fraud & Protecting Rights,” Lawline.com (October 2012)

“The New Wave of Retaliation and Whistleblowing,” American Petroleum Labor Lawyers’ Association, Houston, Texas (October 2012)

“10 Hot New Employment Law Issues,” Lawline.com (July 2012)

“Employment Law 2012 – 10 Hot New Developments All Lawyers Need to Know,” State Bar of Texas, Austin, Texas (July 2012)

“Trade Secrets and Covenants Not To Compete,” State Bar of Texas Annual Convention, Houston, Texas (June 2012)

“The Top 10 Mistakes Employers Make And How to Avoid Them,” State Bar of Texas Annual Convention, Houston, Texas (June 2012)

“Employment Law Ethics - Surreptitiously Recording Conversations,” Houston Bar Association’s Labor and Employment Section, Houston, Texas (May 2012)

“The New Wave of Retaliation and Whistleblowing,” National Employment Law Institute’s 2012 Mid-Year Employment Law Conference, Chicago, Illinois (May 2012)

“Maintaining an ADA and FMLA Compliant Workplace” Houston Bar Association’s Labor and Employment Section, Houston, Texas (May 2012)

“EEOC Practice and Procedure,” State Bar of Texas, Austin, Texas (March 2012)

"Harassment, Slander, and Other Bad Behavior," Southwest/Rockies Region of the National Academy of Arbitrators' 35th Annual Labor-Management Conference, Houston, TX (March 2012)

"Maintaining an ADA and FMLA Compliant Workforce," Lawline (February 2012)

“Trying the Nontraditional Employment Law Case,” Houston Bar Association, Labor and Employment Section, Houston, Texas (January 2012) 

“Top 10 Mistakes Employers Make, and How to Prevent Them,” Lawline.com (January 2012)

“FLSA:  How to Prosecute and Defend Texas Overtime Claims,” State Bar of Texas, Austin, Texas (December 2011)

“Rumbles in the ‘C’ Suite – Representing Texas Executives in Employment Disputes,” State Bar of Texas, Austin, Texas (October 2011)

“Retaliation Claims:  Welcome to the Danger Zone,” State Bar of Texas, Austin, Texas (July 2011)

“2011 Family & Medical Leave Act Workshop -- Managing The Medical Process,” National Employment Law Institute, Houston, Texas (June 2011)

“Maintaining An ADA Compliant Workplace In Light Of The New Regulations,” American Petroleum Labor Lawyers Association, Houston, Texas (June 2011)

“Family and Medical Leave Act – How to Comply,” State Bar of Texas, Austin, Texas (February 2011)

“Texas Non-Compete and Trade Secrets Update,” State Bar of Texas, Austin, Texas (December 2010)

“Employment Law and IP Related Issues,” HIPLA Annual Intellectual Property Law Institute, Galveston, Texas (October 2010)

“Top 10 Mistakes Employers Make, and How to Prevent Them," State Bar of Texas, Austin, Texas (September 2010)

“Texas Payday Act,” Lorman Education Services (July 2010)

 

Education

  • J.D., University of Houston Law School, cum laude (1994)
    • Order of the Coif
  • B.A., Wayne State University (1990)

Admissions

  • State Bar of Texas (Labor and Employment Section)

Courts

  • U.S. Court of Appeals for the Fifth Circuit
  • All Federal District Courts of Texas
  • U.S. District Court for the District of Colorado

Affiliations

 

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