Mark J. Oberti

Attorney Profile

Top Rated Employment & Labor Attorney in Houston, TX

Oberti Sullivan LLP
 | 712 Main Street, Suite 900
Houston, TX 77002
Phone: 713-401-3555
Selected to Super Lawyers: 2009 - 2017
Selected to Rising Stars: 2004, 2006
Licensed Since: 1994
Practice Areas:
  • Employment & Labor: Employer (50%),
  • Employment Litigation: Plaintiff (50%)
Attorney Profile

With 20 years of legal experience, Mark J. Oberti focuses his practice on employment law at Oberti Sullivan LLP in Houston, Texas. He is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization.  Mr. Oberti is a formidable and zealous litigator whose case record includes a landmark age discrimination case against Williams-Sonoma in 2013. His work on the other side of the docket is equally impressive and comprises more than 40 summary judgments on behalf of employers such as United Airlines, Inc., and The Prudential Insurance Company of America before multiple federal district and appellate courts.

He routinely handles race discrimination, race retaliation, sex discrimination, sex harassment, age discrimination, age harassment, disability discrimination (ADA), disability (reasonable accommodation), whistelblower, FLSA (unpaid overtime and minimum wage), collective actions, and many other employment law cases.

Mr. Oberti's record of excellence stretches back to his adolescence, when he joined the Army at 17.  He obtained his undergraduate degree from Wayne State University on an accelerated track. At the University of Houston Law Center, he continued to distinguish himself through his academic coursework, earning two American Jurisprudence awards and graduating with his law degree as a member of the distinguished Order of the Coif in 1994. Prior to co-founding Oberti Sullivan LLP, Mr. Oberti established a firm foundation for his career at prominent international labor and employment law firm Seyfarth Shaw LLP, achieving the rank of partner in 2003 after five years with the firm.

Admitted to practice before all state and federal district courts in Texas, Mr. Oberti is also admitted before the U.S. Court of Appeals for the 5th Circuit and the U.S. District Court for the District of Colorado. On account of his extensive knowledge of his practice area, he is a highly respected speaker who has been invited to speak on an array of employment law topics, from religious discrimination to ethics, at dozens of conferences and other events for legal organizations nationwide.

 
Practice Areas
Lawyer Practice Area Pie Chart

Employment & Labor (50%): Employment Law - Employee, Wage & Hour Laws, Whistleblower, Sexual Harassment

Employment Litigation (50%): Employment Discrimination, Wrongful Termination, Retaliation, Employment Law - Employer

Focus Areas

Employment & Labor: Employment Law - Employee, Wage & Hour Laws, Whistleblower, Sexual Harassment

Employment Litigation: Employment Discrimination, Wrongful Termination, Retaliation, Employment Law - Employer

Selections

Selected to Super Lawyers for 9 yearsmiddle-imageSelected to Rising Stars for 2 years

Super Lawyers: 2009 - 2017 Rising Stars: 2004, 2006

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About Mark Oberti

Admitted 1994, Texas

Professional Webpage: http://www.osattorneys.com/about_mark.html

Honors and Awards:

  • Litigator of the Week, Texas Lawyer Magazine , 2013
  • American Jurisprudence Awards in his Insurance Law and Business Organizations classes
  • American Jurisprudence Awards in his Insurance Law and Business Organizations classes
  • Cum Laude, University of Houston Law School, 1994
  • Order of the Coif, University of Houston Law School, 1994

Special Licenses/Certifications:

  • Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization., 2009
  • Labor and Employment Section, Houston Bar Association

Bar/Professional Activity:

  • U.S. District Court Eastern District of Texas
  • U.S. District Court Northern District of Texas
  • U.S. District Court Southern District of Texas
  • U.S. District Court Western District of Texas
  • U.S. District Court for the District of Colorado
  • U.S. Court of Appeals for the Fifth Circuit
  • Texas

Scholarly Lectures and Writings:

  • "Texas Payday Act," Lorman Education Services, July 2010
  • "Top 10 Mistakes Employers Make, and How to Prevent Them," State Bar of Texas, Austin, Texas, September 2010
  • "Employment Law and IP Related Issues," HIPLA Annual Intellectual Property Law Institute, Galveston, Texas, October 2010
  • "Employment Law and IP Related Issues," HIPLA Annual Intellectual Property Law Institute, Galveston, Texas, October 2010
  • "Texas Non-Compete and Trade Secrets Update," State Bar of Texas, Austin, Texas, December 2010
  • "Family and Medical Leave Act – How to Comply," State Bar of Texas, Austin, Texas, February 2011
  • "Maintaining An ADA Compliant Workplace In Light Of The New Regulations," American Petroleum Labor Lawyers Association, Houston, Texas, June 2011
  • "2011 Family & Medical Leave Act Workshop -- Managing The Medical Process," National Employment Law Institute, Houston, Texas, June 2011
  • "Retaliation Claims: Welcome to the Danger Zone," State Bar of Texas, Austin, Texas, July 2011
  • "Rumbles in the 'C' Suite – Representing Texas Executives in Employment Disputes," State Bar of Texas, Austin, Texas, October 2011
  • "FLSA:  How to Prosecute and Defend Texas Overtime Claims," State Bar of Texas, Austin, Texas, December 2011
  • "Top 10 Mistakes Employers Make, and How to Prevent Them," Lawline.com, January 2012
  • "Trying the Nontraditional Employment Law Case," Houston Bar Association, Labor and Employment Section, Houston, Texas, January 2012
  • "Maintaining an ADA and FMLA Compliant Workforce," Lawline, February 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
  • "EEOC Practice and Procedure," State Bar of Texas, Austin, Texas, March 2012
  • "Maintaining an ADA and FMLA Compliant Workplace" 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
  • "Employment Law Ethics - Surreptitiously Recording Conversations," Houston Bar Association's Labor and Employment Section, Houston, Texas, May 2012
  • "The Top 10 Mistakes Employers Make And How to Avoid Them," State Bar of Texas Annual Convention, Houston, Texas, June 2012
  • "Trade Secrets and Covenants Not To Compete," State Bar of Texas Annual Convention, Houston, Texas, June 2012
  • "Employment Law 2012 – 10 Hot New Developments All Lawyers Need to Know," State Bar of Texas, Austin, Texas, July 2012
  • "10 Hot New Employment Law Issues," Lawline.com, July 2012
  • "The New Wave of Retaliation and Whistleblowing," American Petroleum Labor Lawyers' Association, Houston, Texas, October 2012
  • "The FMLA: An Employer's Roadmap To Rooting Out Fraud & Protecting Rights," Lawline.com, October 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
  • "Vetting Plaintiffs' Employment Cases:  Tips, Tactics, and Traps," Houston Bar Association's Labor and Employment Section, Houston, Texas, November 2012
  • "FMLA Practice and Pitfalls," National Employment Law Institute's Employment Law Conference in Washington, D.C., November 2012
  • "Top 10 Ethical Traps for Employment Lawyers, And How To Avoid Them," State Bar of Texas, Austin, Texas, November 2012
  • "The Departing Texas Employee: Noncompetes, Trade Secrets, Fiduciary Duties And The 'Inevitable Disclosure' Doctrine," Lawline.com, November 2012
  • "Growing Wave in Retaliation and Whistleblowing," National Employment Law Institute's 2013 Employment Law Briefing, Disney World, Florida, March 2013
  • "ADA/FMLA Compliance Update," National Employment Law Institute, Chicago, Illinois, April 2013
  • "Growing Surge in Retaliation and Whistleblowing," National Employment Law Institute's 18th Annual Employment Law Conference, Washington D.C., May 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
  • "EEOC: Procedure, Mechanics and Impacts on Future Litigation," Lawline.com, June 2013
  • "Current Developments in Employment Law," American Law Institute's CLE, Santa Fe, New Mexico, July 2013
  • "15 Tips For Starting A Successful Plaintiffs Employment Law Practice," Lawline.com, August 2013
  • "Employment Mediation Update: New & Emerging Implications for Mediation," Association for Conflict Resolution - Houston Chapter, Houston, Texas, September 2013
  • "Sarbanes Oxley & Dodd Frank: Updates in Whistleblowing Cases & Retaliation," Lawline.com, New York, New York, October 2013
  • "Growing Surge in Retaliation and Whistleblowing," National Employment Law Institute's Thirty-Fourth Annual Employment Law Conference, Chicago, Illinois, November 2013
  • "Growing Surge in Retaliation and Whistleblowing," National Employment Law Institute's Thirty-Fourth Annual Employment Law Conference, New Orleans, Louisiana, December 2013
  • "New Retaliation and Whistleblowing Developments," National Employment Law Institute's Thirty-Third Annual Employment Law Briefing, San Diego, California, March 2014

Verdicts and Settlements:

  • $2.9 million verdict obtained for plaintiff in an age discrimination case after a five day jury trial in the Southern District of Texas, Houston Division (Judge Vanessa Gilmore), 2013

Representative Clients:

  • Baker Hughes Oilfield Operations, Inc. v. Williams, 360 S.W.3d 15 (Tex. App.--Houston [1st Dist.], 2011
  • Newsom v. Brod, 89 S.W.3d 732 (Tex. App.--Houston [1st Dist.], 2002
  • Mason v. United Air Lines, Inc., 274 F.3d 314 (5th Cir.), 2001

Educational Background:

  • University of Houston Law Center, J.D., 1997
  • Wayne State University, B.A., 1990

Comments

  • “Mark has the most encyclopedic knowledge of labor-and-employment law I've ever seen.”

These comments were made by fellow attorneys during the annual nomination process.

Office Location for Mark J. Oberti

712 Main Street
Suite 900
Houston, TX 77002

Phone: 713-401-3555

 

Mark J. Oberti:

Last Updated: 1/25/2017

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