Mark is a highly effective employment attorney in Houston who is is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization. Mark focuses on results for executives and employees, and has achieved a significant number of settlements and verdicts in the six and seven figures for executives and employees. He has also obtained over 50 summary judgments for employers. For 2018 and 2024, Best Lawyers named him Lawyer of the Year for Houston Litigation - Labor and Employment.
--Texas Lawyer magazine named him “Litigator of the Week” in 2013 after winning a $2.9 million jury verdict in an age discrimination case.
--Lead counsel in a 2016 trial that resulted in a significant jury verdict and court award for his client, the plaintiff, in an FLSA retaliation case.
--Mark argued and won a 2017 appeal to the U.S. Court of Appeals for the Fifth Circuit in an ERISA severance benefits case, and his client was awarded $255,000.00, plus attorneys’ fees.
--Lead defense counsel in a trial for an employer that had been sued by an ex-employee for $1 million based on a severance agreement signed by the employer’s president. The court entered a take-nothing verdict in his client’s favor.
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, which awarded him 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. He then attended the University of Houston Law Center, where he graduated in 1994, cum laude, Order of the Coif, and was in the top ten percent of his graduating class.
Mark is a prolific speaker on a wide variety of employment law topics. Mark regularly speaks at seminars across the country on retaliation and whistleblowing for a preeminent CLE provider, the National Employment Law Institute. More than 10,000 people have viewed Mark’s on-line employment law classes for Lawline and given him very high “course ratings.” Mark is also a frequent commentator on employment law issues in The Houston Chronicle, and many of the cases he has handled have been covered by media outlets throughout America.
J.D., University of Houston Law School, cum laude (1994)
Order of the Coif
B.A., Wayne State University (1990)
State Bar of Texas (Labor and Employment Section)
United States Court of Appeals for the Fifth Circuit
United States District Courts for the Southern, Northern, Eastern, and Western Districts of Texas
United States District Court for the District of Colorado
Texas Board of Legal Specialization (Labor and Employment)
Houston Bar Association (Labor and Employment Section)
Lawline
"The Impact of Recent Supreme Court and Fifth Circuit Cases on Your Employment Practice," Houston Bar Association's Labor and Employment Section (September 2024)
“Top Fifth Circuit Employment Law Cases of 2023,” State Bar of Texas, Austin, Texas (January 2024)
“Top Fifth Circuit Employment Law Cases of 2022,” State Bar of Texas, Austin, Texas (January 2023)
"Top Fifth Circuit Cases of 2021-22," Houston Bar Association (August 2022)
"Top Fifth Circuit Cases of 2021," State Bar of Texas, via Zoom (January 2022)
"Handling and Responding to an Investigation (When Your Employees Are Remote)," UT School of Law, via Zoom (April 2021)
"Effective Mediation Strategies," State Bar of Texas, via Zoom (April 2021)
"Top Fifth Circuit Cases of 2020," Houston Bar Association's Labor and Employment Section, via Zoom (February 2021)
"Top Fifth Circuit Cases of 2020," State Bar of Texas, via Zoom (February 2021)
"Best Practices and Strategies for Litigating Non-Compete Agreements," State Bar of Texas, via Zoom (May 2020)
“Retaliation and Whistleblowing Claims,” National Employment Law Institute, Palm Springs, California (March 2020)
"Retaliation and Whistleblowing Claims," National Employment Law Institute, Austin, Texas (December 2019)
"Top 15 Fifth Circuit Employment Law Cases of 2019," State Bar of Texas, Austin, TX (December 2019)
"Top 10 Employment Law Mistakes Employers Make and How to Avoid Them," The Woodlands Area Chamber of Commerce, The Woodlands, Texas (November 2019).
"Retaliation and Whistleblowing Claims," National Employment Law Institute, New Orleans, Louisiana (November 2019)
Mark Oberti, Joseph Y. Ahmad, Amy Halevy, Kelsi S. White present before the State Bar of Texas in Austin on the "Top 15 Things New Employment Lawyers Need to Know."
"Top 15 Things New Employment Lawyers Need to Know," State Bar of Texas, Austin, TX (September 2019)
"Top 5 Fifth Circuit Cases of 2018-2019," Oberti Sullivan LLP CLE, Houston, TX (May 2019)
"Retaliation and Whistleblowing Claims," National Employment Law Institute, Scottsdale, AZ (March 2019)
“Top 15 Fifth Circuit Employment Law Cases of 2018,” State Bar of Texas, Austin, TX (January 2019)
“Top 15 Fifth Circuit Employment Law Cases of 2018,” Houston Bar Association, Houston, TX (January 2019)
"Retaliation and Whistleblowing Claims," National Employment Law Institute, Austin, Texas (November 2018)
"Cutting Edge Retaliation and Whistleblowing Claims and Defenses,” mylawCLE (October 2018)
"SLAPP Your Opponents (And Save Your Clients Lots Of Money) By Learning About The Texas Anti-SLAPP Act, The Most Useful New Tool In The Employment Lawyer’s Toolkit," State Bar of Texas, Austin, TX (October 2018)
"Retaliation and Whistleblowing Claims," National Employment Law Institute, San Diego, CA (July 2018)
"(1) 2018 Update: Suing or Defending the Departing Texas Employee, Including Non-competes, Trade Secrets, and Fiduciary Duties; and (2) 2018 Update: Cutting Edge Retaliation and Whistleblowing Claims and Defenses;" Lawline, New York, New York (June 2018)"(1) 2018 Update: Suing or Defending the Departing Texas Employee, Including Non-competes, Trade Secrets, and Fiduciary Duties; and (2) 2018 Update: Cutting Edge Retaliation and Whistleblowing Claims and Defenses;" Lawline, New York, New York (June 2018)
"Trends in Retaliation and Whistleblowing,” National Employment Law Institute, Palm Springs, CA. (March 2018)
“Top 15 Fifth Circuit Employment Law Cases of 2017," State Bar of Texas, Austin, TX (February 2018)
“Top 12 Fifth Circuit Employment Law Cases of 2017,” Houston Bar Association, Houston, TX (January 2018)
"Top 10 Labor and Employment Law Mistakes Employers Make," State Bar of Texas, Austin, TX (November 2017)
"2017: Cutting Edge Retaliation and Whistleblowing Claims And Defenses," State Bar of Texas, Houston, TX (August 2017)
"Suing or Defending the Departing Texas Employee, Including Non-Competes, Trade Secrets, and Fiduciary Duties," Houston Bar Association, Houston, TX (June 2017)
"Retaliation and Whistleblowing," National Employment Law Institute, Washington, D.C. (May 2017)
"Internal Investigation Curveballs That Companies Need To Plan For" and "Top Five Fifth Circuit Employment Law Cases of 2016-17," Oberti Sullivan CLE, Houston, TX (May 2017)
"Top 12 Mistakes Made By Employers And How To Counsel Your Client To Avoid Them," Houston Bar Association, Houston, TX (May 2017)
"2017 Non-Compete, Trade Secrets, and Inevitable Disclosures," State Bar of Texas, Austin, TX (April 2017)
"Retaliation and Whistleblowing," National Employment Law Institute, San Diego, CA (March 2017)
"Top Ten Fifth Circuit Employment Law Cases of 2016," Houston Bar Association, Houston, TX (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)
