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Mark Simon is a Preeminent rated trial attorney who has represented clients ranging from public corporations and governmental entities to small start-up businesses. He primarily focuses his practice on employment issues, including: employment discrimination, harassment, retaliation, wrongful discharge, wage-hour, non-compete agreements, non-solicitation agreements, trade secrets, ERISA and independent contractor litigation. Mark has defended management, and represented select individuals, before Federal and State Courts across the United States in all areas of employment law.  Mark is skilled at counseling employers on a variety of human resource matters, such as employment agreements, handbooks, company policies and actions, employee complaints, and compliance with federal and state employment laws. Additionally, he 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. Moreover, he has been lead trial attorney in cases involving contracts, deceptive trade practices, fraud, and other business disputes.


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.

National counsel for nation’s largest retailer in over 300 of its ERISA denial of benefits cases throughout the United States.

Successfully defended national radio company in actions brought by other national radio companies in their efforts to enforce covenants not to compete for on air radio personalities.

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 suit brought by investors and alleged numerous fiduciary breaches on the part of account sponsor. Ultimately obtained settlement on behalf of public retirement system including payment of attorney’s fees.

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 attorney’s fee payment.

Negotiated terms of joint venture between client and German corporation resulting in formation of a third China manufacturing entity.


  • Life Fellow of Texas Bar Foundation


  • Juris Doctor, Mississippi College School of Law, May 1983
  • Bachelor of Science, Millsaps College, May 1979


  • Selected in “The Best Lawyer in America” list for Practice Area of Employment Law- Management, Martindale-Hubbell, 2015 – 2020
  • Selected in “Top Rated Lawyer” list for Litigation, Martindale-Hubbell, 2015 – 2020
  • Selected in “Best Attorneys in Texas” list, Best Lawyers (Woodward/White, Inc.), 2015 – 2022
  • Preeminent rated, Martindale-Hubbell, 1994 – 2020

Practice Areas

Intellectual Property

  • Trade Secret Litigation
  • Trademark Litigation


  • Business Litigation
  • Employment Litigation
  • Trade Secret Litigation
  • Trademark Litigation

Labor & Employment

  • Employment Agreements
  • Employment Litigation
  • Employee Benefits/ERISA
  • Executive Compensation
  • Management Education
  • Non-Competition Covenants
  • Wage and Hour Compliance


  • State Bar of Texas
  • State Bar of Mississippi
  • Admitted to practice in the United States Supreme Court, United States District Courts of Northern, Southern, Eastern, and Western Districts of Texas, Southern District of Mississippi, and Eastern and Western Districts of Arkansas, and the United States Third, Fifth, and Eleventh Circuit Court of Appeals.