Steven E. Clark

Bar / Professional Activity

• Fifth Circuit Court
• Federal District courts in Texas
• Eleventh Circuit Court
• State Bar of Louisiana, 1980
• Eastern District of Louisiana, 2020
• U.S. District Court Western District of Texas
• U.S. Federal Circuit
• Member, Fifth Circuit Bar Association
• Member, Dallas Bar Association
• State of Texas, May, 1978
• U.S. District Court Eastern District of Texas
• Member, State Bar College of Texas, 2013
• U.S. Supreme Court, 1985
• Member, State Bar of Louisiana
• Board member, Texas SMART Litigation Board
• U.S. District Court Northern District of Texas, 1980
• U.S. District Court Southern District of Texas
• U.S. 5th Circuit Court of Appeals, Staff Attorney, 1978 – 1980
• Member, State Bar of Texas, 1978 – present
• Member, American Bar Association, 1978 – present

Verdicts / Settlements (Case Results)

• Hose Tech v. Pirtek USA, Ft. Worth District Court Sept. 2011
• Airmark v. Advanced Business Systems, 715 F.2d 229 (5th Cir. 1983)
• B Inc. v. Miller Brewing Company, 663 F.2d 545 (5th Cir. 1981)
• Successful defense in jury case in E.D.Tex, Plano division on FLSA and premises liability claims- Marquis v Sadeghian (April 2023)., 2023
• Defense verdict in breach of contract and fraud case-Weimer v. Sadeghian, 68th District Court (Feb. 2023)., 2023
• Callison v. C&C Personnel, et al, Mem. Op'n (9th Court of Appeals-Beaumont), 2019
• Cooper v. Cochran, 288 S.W.3d 522, Tex. App. – Dallas, no pet., 2009
• Pizza Inn v. Adeniregun, N.D.Tex. June, 2010
• Watson v. DISD, Dallas District Court-Sept. 2011
• Bidiwala v. Fiedler, 2013 Tex.App.Lexis 9620 (Tex.App.-Dallas 2013)
• Flatrolled Steel, Inc. v. Jones, 2005 Tex. App. Lexis 4582, Tex.App.-Dallas, no pet., 2005
• Digital Filing Systems v. Mims, E.D. Tex., May 2009
• Walker v. Anderson, 232 S.W.3d 899, Tex.App.-Dallas, no pet., 2007

Representative Clients

• Downing Labs, 2018
• Dallas La Sierra Group, 2019
• Devonshire Pharmacy, 2018
• StarTekk and Shiro Technologies, 2015

Transactions

• Downing Labs, 2018

Special Licenses / Certifications

• Certified as Advanced Arbitrator, 2022
• Certified as Advanced Mediator, 2022

Pro bono / Community Service

• Fmr. Board Member, Lake Highlands YMCA
• Advisory Board Member, Bauer College of Business, University of Houston, 2020
•  Former President and Member, Dallas Trinity Rotary Club

Honors

• Super Lawyer in Business, Labor and Employment since 2011
• Lead Counsel designation in Business
• Best Lawyers in America, 2023
• Congratulations Steven, You are the recipient of the 2022 Outstanding Faculty Award!In determining eligibility for these awards, we consider quantity of speaking engagements and presentation quality. We review a variety of factors, including course evaluations. Recipients, such as yourself, are entitled to use the digital badge provided at the link below on their website, subject to the terms of use specified.  Thank you for your hard work and outstanding presentations in 2022. We look forward to many more.Sincerely, Everyone at NBI, Outstanding Faculty Member, National Business Instittue, 2022
• AV-rated, Martindale Hubbell, 1988-present
• Order of the Barons-top 10% of class, University of Houston Law School, 1977

Educational Background

• University of Houston, B.A., Major in Political Science, Minor in Economics & History, 1974

White Papers

• Article discusses recent enforcement activity by federal and state authorities under the FLSA and examples of the risk and penalties associated with non-compliance for both unpaid overtime and misclassification of employees., What You Need to Know about the FLSA, 2018

Scholarly Lectures / Writings

• Contributing Author, U.S. Labor & Employment Law, World Bank Group 2014-present, 2014
• 1.  Effective Employer Defense Tactics 2. Gathering Documentation to Support Lawful Employer Conduct 3. Finding Coverage under Employment Practices Liability Policies 4. Strategies for Using Internal Investigation Results 5. Avoiding Retaliation Claims 6. Advanced Settlement Techniques: Plaintiff and Defense Perspectives  , Author and Presenter, Employment Discrimination: Advanced Issues and Answers, 2022
• A. Complaint/Petition B. Discovery Control Plan C. Parties D. Facts E. Causes of Action F. Damages and Remedies G. Jury Demand H. Prayer for Relief I. Form and Effect of Signature, Author and Presenter, A Litigation Paralegal's Guide to Case Management, 2020
• A. Choosing Your Technological Direction B. The Power of the Exhibit List C. Preparing Documents and Demonstratives D. Troubleshooting Problems with Evidence, Author and Presenter, Effective Use of Evidence, 2019
• A. Key Concepts and Terminology B. Understanding Financial Statements C. How Financial Statements Work Together and What They Tell You D.  Performing Financial Analysis: Calculating and Interpreting Core Ratios  E. Understanding Audits and Financial Statement Review  F.  Financial Projection Fundamentals  , Author and Presenter, Accounting and Finance Fundamentals, 2021
• 1.  What is Long-Term Covid? 2. What Constitutes a Qualifying Disability - The Latest Guidance 3.  Reasonably Accommodating Employees with Long-Term Covid: Key Steps to Take 4.  Handling Common Accommodation Requests Practical Tips 5.  Evaluating FMLA Leave Requests - What You Need to Know 6.  Multi-State Employers: Top Considerations, Author and Presenter, Labor and Employment Law - 2021 Covid-19 Update, 2021
• Useful discovery for trial Creating a trial notebook Preparing your witnesses Effective use of evidence Preparing your office - what to do before you set foot in court Succeeding at trial , Author and Presenter, Trial Preparation and Jury Selection, 2021
• I. Data & Metadata - What Attorneys Must Know II. Collecting Social Media Account Content III. Obtaining Computer, Email & Internet Evidence IV. Collecting Evidence From Smartphones V. Subpoenaing Records From Social Media Companies, Phone Carriers & Email Providers, Author and Presenter, How to Collect Evidence from SmartPhones and Other Electronic Devices, 2021
• A. Gathering What You Need from the Client B. Who's Doing What: Accountant, Attorney & Client Roles C. Licensing & Name Registration D. Insurance Concerns E. IP Considerations F. Jurisdiction & Interstate Issues G. Purchasing an Existing Business vs. Building "From Scratch", Author and Presenter, Advising New Businesses in Pennsylvania, 2022
• A. Key Concepts and Terminology B. Understanding Financial Statements C. How Financial Statements Work Together and What They Tell You D. Performing Financial Analysis: Calculating and Interpreting Core Ratios E. Understanding Audits and Financial Statement Review F. Financial Projection Fundamentals G. Understanding Digital and Traditional Marketing Practices H. Identifying and Addressing Legal Risks Presented I. Understanding Data Use and Complying With Data Security and Privacy Laws J. Dealing with Data Privacy Issues in Corporate/Vendor Agreements, Author and Presenter, Business Skills for Lawyers, 2023
• I. Recent Tax Law Changes That Affect Choice of Entity Decisions II. Top Mistakes in Protecting Assets III. When Forming a Business to Purchase Real Estate IV. Using Pass-Through Entities to Transfer Assets to Beneficiaries V. Top Mistakes in Using an LLC to Run a Family Business VI. Mistakes in Fulfilling Charitable Intent VII. What Works (and Doesn't) in Creating an Entity to Operate a Single-Person Professional Practice VIII. Exit Strategy Problems Stemming From Choice of Entity Mistakes, Author and Presenter, Choice of Entity: Top Mistakes, 2016
• Guidelines for Handling Internal Formal Complaints Key Laws to Know Employee Rights and Obligations Filing of the Complaint Timing of the Investigation: Why It Matters Following the Internal Formal Complaint Process and Procedures (With Sample Checklist) Primer on Preserving Privilege and the Work-Product Doctrine During the Investigation– The Role of the Attorney in the Investigation Legal Advice vs. Business Advice Scope of the Investigation Who Can (and Needs to) Know About the Investigation Third-Party Consultants: Functional Equivalents of Employees? Handling Document Retention and Privacy Issues  Navigating International Issues: Attorney-Client Privilege in Other Countries, Language Barriers, etc., Author and Presenter, Internal Workplace Investigations, 2022
• A. Voidable Transactions Law B. Fraud and the Intent Test C. Bankruptcy Considerations D. Insurance E.  Common Case Studies: Combining Multiple Techniques for Greater Results, Author and Presenter, Advanced Asset Protection Techniques, 2023
• A. What the FMLA Does and Does Not Cover B. Serious Health Conditions vs. Disabilities C. Troubleshooting Leave of Absence Issues D. ADAAA Workplace Accommodations and FMLA Leave Interference E. Interactions With Workers' Compensation Laws F. Interactions With State Anti-Discrimination Laws G. FMLA Eligibility: Using Recent Case Law to Understand What Conditions Trigger Protections, Author and Presenter, Americans with Disabilities Act (ADA): Start to Finish, 2023
• I. Executive Compensation: SEC's New Pay vs. Performance Disclosure Rules II. Financial Reporting Updates (Note: 2020 MD&A Rules are Now in Full Effect) III. Climate Change Disclosure Rules IV. Environmental, Social, and Governance (ESG) Issues V. Diversity and Inclusion (D&I) Standards VI. Delaware Case Law VII. Compliance Updates VIII. Fiduciary Liability, Claims Against Directors and Shareholders, Author and Presenter, Corporate Governance, 2023
• Contributing Editor: FMLA chapter, Texas Employment Law Manual, James Pub., 2003 – present
• Co-Author, Covenants Not to Compete, Lorman Ed. Service, August 2002, August 2003 & August 2007
• Author, Avoiding Personal Liability in Partnerships, LLCs and LLPs, and Ethical Issues Facing Attorneys Structuring LLCs and LLPs, Seminar on Partnerships, LLCs and LLPs: Organization and Operation in Texas, Lorman Ed. Service, 2004-2006
• Author, Choice of Entity Considerations, Collin County Bar Association, Sept. 2013
• Author and Speaker, Choice of Entity Considerations, Solo and Small Firm section, Dallas Bar Association, April 2008, March 2011
• Author and Speaker: Employee Leaves of Absences, Sterling Ed. Service, May 2004
• Author and Speaker: Covenants Not to Compete, 41st Annual Intellectual Property Program, Institute for Law & Technology, Nov. 2003
• Author and Speaker: Employment Law Update: FMLA, ADA & Worker’s Compensation, Sterling Ed. Service, July 2002
• Co-Author: Trade Secrets and Covenants Not to Compete, Employment Law Course, Spring, 1993
• Contributing Editor, Digest of Commercial Law: Texas, 1985
• Author, Issues During Construction, Real Estate Development & Construction Law, Sterling Ed. Service, January 17, 2013
• Author, Litigation Lessons Impacting Franchise Relationships, 37 Employee Relations Law Journal No. 1 (Summer 2011)
• Author, Texas Employment Law Forms, ALM Media, LLC, Employment Law, 2013
• Presentation  to Law Mgmt. Section, Collin County Bar Assn., Sept. 2013., Author & Speaker, Do's & Don'ts of Hiring and Firing, 2013
• Presentation to Energy Law Section, Dallas Bar Assn., Sept. 2013, Key Terms in Employment Agreements and Workplace Policies., Author & Speaker, 2013
• Author, Do’s & Don’ts in the Hiring & Firing Process (Collin County Bar Ass’n), Sept., 2013
• State Variations of Commercial Law-Texas Digest of Commercial Laws of the World, October, 1985
• Author and Speaker, Covenants Not to Compete, 41st Annual Intellectual Property Program (Institute for Law & Technology, Nov. 2003
• Author and Speaker, Employment Law Update: FMLA, ADA & Workers' Compensation, Sterling Ed. Service, July, 2002
• Co-Author, Employment in the Energy Sector: Key Terms in Employment Agreements & Workplace Policies (Dallas Bar Ass’n), Sept., 2013
• Contributing Editor, ABA Mid-Winter FMLA Case Summaries 2014-present

Other Outstanding Achievements

• Lead Counsel verified in Business Law, 2023
• Named to Best Lawyers in America , 2023
• Lead Counsel Rated-Business Law, 2020
• AV rating including Labor & Employment Law.
• America's Top 100 Bet the Company Litigator, 2019
• America's Top 100 High Stakes Litigators, 2020

• Business
• Construction
• Healthcare
• Intellectual Property