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Mark A. Shank

Attorney Profile

Top Rated Employment & Labor Attorney in Dallas, TX

Diamond McCarthy LLP
2711 N. Haskell Ave, Suite 3100
Dallas, TX 75204
Phone: 214-389-5300
Fax: 214-389-5399
Email: Mark A. Shank
Selected to Super Lawyers: 2003 - 2022
Licensed in Texas Since: 1981
Practice Areas: Employment & Labor: Employer, Civil Litigation: Defense
Attorney Profile

Mark Shank represents clients through trials and negotiations in a variety of labor and employment and business and litigation matters. This experience includes representing clients in contract claims, business disputes, claims involving officer and director liability, employment discrimination, wage and hour disputes, and retaliation cases. He routinely represents companies and executives in disputes involving covenants not to compete, confidentiality, trade secret, and investigations, as well as matters involving executive compensation and related issues. He has represented corporations and individuals in a wide range of industries including technology, banking, financial services, multi-level marketing, telecommunications, manufacturing, health care, and various service industries.

About Mark A. Shank

First Admitted: 1979, Missouri

Professional Webpage:


  • Board Certified in Civil Trial Law by the Texas Board of Legal Specialization; Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization; Arbitrator – American Arbitration Association; Corporate Counsel –"Best Lawyers, Labor & Employment Law" – 2008; Chambers and Partners – The World's Leading Business Lawyers; Best Lawyers in America – 1997-2018; D Magazine – “Best Lawyers in Dallas” – 2001-2017; Texas Super Lawyers – 2003-2017; Texas Super Lawyers – “Top 100 in Texas” – 2004-2006, 2008, 2010-2017; Texas Super Lawyers – “Top 100 Lawyers in Dallas” – 2003-2017; Who's Who Legal, Law Business Research Limited, London; Dallas Association of Young Lawyers Foundation Award of Excellence – 2006; Judge Sam Williams Local Bar Leadership Award – 2005-2006; Texas Lawyer – "Go-To" Lawyers: Labor and Employment – 2003; State Bar of Texas – President's Citation of Merit – 2003; Dallas Volunteer Project Pro Bono Service Award – 2001; East Dallas Chamber of Commerce – Most Outstanding Member – 1998.

Representative Clients

  • For nearly 40 years, clients in a wide variety of sectors have sought out Mark’s guidance and counsel. These include: Oilfield services and energy enterprises; Technology companies; Banking and financial services; Multi-level marketing; Telecommunications; Manufacturing; Health care and Service industries.

Scholarly Lectures/Writings

  • Mark lectures often on current employment and regulatory issues and is a prolific author, including the definitive book on Texas law as it treats departing employees. 
  • PRESENTATIONS AND PUBLICATIONS: "Wage and Hour Update: "Hot Wage and Hour Issues: When Did Your Employees Start Working Today?" – Webinar with Patrick Madden; "Cross Examination in Employment Cases" – ABA Section of Labor & Employment Law 2nd Annual CLE Conference ; "Show me the Money:  Damages in Employment Cases" – University of Houston Law Center's Advanced Employment Law ; "An Employer's Guide to Avoiding Criminal Liability:  Examining the Confluence of Criminal and Employment Law" – SBOT 16th Annual Advanced Employment Law Course ; SBOT Labor and Employment Law Section's Annual Fall Update/Skills Seminar ; "2007 Update on Employment Law" – DBA Labor & Employment Section; Contributing Author, O'Connor's Texas Causes of Action; "Internal Affairs: Ethical Issues for In-House Counsel in Workplace Investigations" – DBA Corporate Counsel Section; "Issues in Director Retention and Recruitment" – American Society of Corporate Secretaries; "Damages in Employment Law Cases" – State Bar of Texas Advanced Employment Law Seminar; "Implementation of Effective Whistle-Blowing Procedures Consistent with Sarbanes-Oxley" – State Bar of Texas Annual Meeting; "Evolving Role of Corporate Counsel in Post-Enron Environment" – Texas Center for Legal Ethics and Professionalism; Executive Lawyer – “An Employer's Best Defense: Plan Ahead”.

Educational Background

  • Southern Methodist University, Dedman School of Law, LL.M., 1984
  • University of Missouri-Columbia School of Law, J.D., 1979
  • Southwest Missouri State University, B.S., cum laude, 1976

Special Licenses/Certifications

  • Arbitrator for the American Arbitration Association.
  • Board Certified in both Civil Trial Law and Labor and Employment Law by the Texas Board of Legal Specialization.

Bar/Professional Activity

  • PROFESSIONAL EXPERIENCE: Obtained summary judgment in multi-million dollar gender discrimination claim on behalf of national brokerage firm, with successful defense of appeal in Fifth Circuit and U.S. Supreme Court. Represented clients in numerous internal investigations involving alleged sexual harassment, racial harassment and other allegations of mistreatment. Obtained a take-nothing verdict on behalf of a transit company on a race discrimination claim tried before a jury. Obtained an injunction for a packaging company against a former employee for taking company property and potential workplace violence. Handled numerous internal investigations involving alleged wrongful conduct by employees and former employees, including Sarbanes Oxley issues, accounting issues, and workplace misconduct issues. Successful defense and resolution of an injunction action involving purchase of a regional hospital, and claims involving breach of fiduciary duty, professional negligence, corporate governance, and ownership. Investigation involving alleged financial malfeasance and appropriateness of tax treatment within a publicly traded company. Defense and resolution of a shareholder's derivative action involving claims of wrongdoing by the CEO and CFO and involving an interpretation of Texas and Delaware law. Obtained dismissal of nationwide class action claim against arbitration association involving manner and method of selection of arbitrators. Resolved partnership and disability claims by a member of a medical partnership against the other partners Defense of a closely held software company in claims for injunctive relief and alleged self-dealing involving ownership of stock and intellectual property. Prosecution and defense of numerous injunction matters involving claims of theft, trade secrets and intellectual property, inevitable disclosure, covenants not to compete, breach of duty of loyalty, and related matters. Obtained a take-nothing jury verdict on behalf of a manufacturer involving a substantial bodily injury claim and successful defense of the appeal in the Fifth Circuit. Successful defense of company interests in wide range of arbitrations under collective bargaining agreements. Service as an arbitrator for the American Arbitration Association and as a private arbitrator in a wide range of commercial and employment disputes.   PROFESSIONAL ACTIVITIES: State Bar of Texas; American College of Labor Lawyers; American Board of Trial Advocates; State Bar of Texas - Director, 2002-2005, Chair, Labor and Employment Law Section, 1998-99; Dallas Bar Association - President, 2001, Vice President and Chair, Chair, Labor and Employment Law Section, 1994; Texas Young Lawyers Association - Secretary, 1986-1987, Vice President, 1987-1988, Chairman, 1988-90; Dallas Association of Young Lawyers – President, 1986; Texas Bar Foundation – Chairman – 2008-2009; Dallas Bar Foundation, Vice-Chairman; Employment Law Counselor, Editorial Board of Advisors; Federation of Defense and Corporate Counsel; The Center for American and International Law Research Fellows; Fellow of the American Bar Association; Fellow of the Texas Bar Foundation; Texas General Counsel Forum – Board of Directors – 2001-2005.   BAR ADMISSIONS: State Bar of Texas; State Bar of Missouri; U.S. Supreme Court; U.S. Court of Appeals for the Fifth Circuit; U.S. District Courts for the Northern, Eastern, Southern, and Western Districts of Texas.

Pro bono/Community Service

  • Leadership Dallas; Dallas Breakfast Group – Chairman; Habitat for Humanity – Executive Committee; Target Kids in Court Steering Committee; East Dallas Chamber of Commerce; Professional Bank – Board of Directors.
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Office Location for Mark A. Shank

2711 N. Haskell Ave
Suite 3100
Dallas, TX 75204

Last Updated: 5/15/2022

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