Marc D. Katz
PartnerChair, US Employment practice
Managing Partner, Dallas office
Marc Katz has a broad-based and sophisticated management-side labor and employment litigation practice. He is Board Certified in Labor & Employment Law and is routinely recognized by Chambers and Thompson Reuters as one of the top attorneys in his field and in Texas as well.
Marc has significant experience representing corporate clients in high-stakes trade secret and unfair competition litigation, fiduciary duty and partnership disputes, and collective and class action cases throughout the country.
His practice also involves complex litigation across industries; including matters for financial institutions, hedge funds, private equity funds, healthcare institutions, pharmaceutical and medical device companies, and managed care entities, medical providers, educational institutions, and sports and entertainment organizations. This litigation has involved commercial disputes, employment, ERISA, contract, trade secret and other intellectual property matters, fiduciary obligations and shareholder derivative litigation, government investigations and litigation, and internal investigations.
Marc has first chaired more than 50 proceedings to verdict, including jury trials, bench trials, arbitrations, and administrative law proceedings.
EXPERIENCE
Marc's other trial experience as lead counsel include:
- Lead counsel for a private equity investment advisor and one of its portfolio companies in a lawsuit against the portfolio company's former executive team and a competitive private equity investment advisor, based on corporate usurpation, conspiracy, breach of fiduciary duty, and misappropriation of trade secrets, in which Marc's client was seeking in excess of US$700 million. After nine weeks of trial, on the eve of closing arguments, the case ended with an extremely favorable settlement
- Represented a large private equity investment advisor with US$20 billion of assets under management, along with its President and Founder, in litigation involving fiduciary duty, shareholder derivative, defamation and contractual claims, in which the recovery sought against his clients was US$200 million. After a three and a half week trial, Marc obtained a take nothing verdict in favor of his clients, along with a recovery of US$2.8 million in attorneys' fees for his clients
- Successfully obtained dismissal of a patent infringement action in which damages sought against Marc's client was in excess of US$500 million
- Obtained a transfer of intellectual property rights in favor of a major jewelry manufacturer whose patents and other intellectual property had been misappropriated by the former President and CEO
- Successfully reached a defense verdict on a commercial fraud case in which damages sought against the client were in excess of US$100 million
- Achieved a total victory in favor of the former President of a national health insurance company in a non-competition and trade secret trial
- J.D., University of California, Berkeley, School of Law 1994
- B.A., Emory University 1991
Awards
Chambers USA
- Band 3, Texas Labor & Employment (2023-2024)
- Band 4, Texas Labor & Employment (2018-2022)
The Legal 500 United States
- Recommended, Workplace and Employment Counseling (2023-2024)
- Recommended, Labor-Management Relations (2023-2024)
- Recommended, Labor and Employment Disputes (Including Collective Actions): Defense (2018-2024)
Other recognitions
- The Best Lawyers in America® for Litigation - Labor and Employment (2024)
- Best Lawyers in Dallas, D Magazine (2011-2012, 2014-2021)
- Super Lawyers by Thomson Reuters, published in Texas Monthly (2015-2020)
- Top 100 Texas Lawyers and Top 100 Dallas/Fort Worth Lawyers (2015-2016)
- Mentor of the Year, Dallas Urban Debate League (2010-2011)
- Texas Rising Star, Super Lawyers by Thomson Reuters, published in Texas Monthly (2004-2009)
- Dallas Chamber of Commerce, Dallas Leadership Program (2006)
- Best Lawyers Under 40 in Dallas, D Magazine (2004)
- Board Certified – Labor and Employment Law, Texas Board of Legal Specialization
- Texas Association of Business & Chambers of Commerce, Associate Editor
Bylines
- Co-Author, "Employment Issues Facing Energy Companies in 2021 and Beyond," POWER Magazine, January 4, 2021
- Co-Author, "COVID-19 Employment Law: New and Emerging Compliance Challenges," Texas Lawyer, December 2020
- Co-Author, "Employment Law in the Year of COVID-19: A Review of New and Emerging Compliance Challenges Facing Employers in 2020 and Beyond," Texas Lawyer, October 2020
- Staying on top of New Management Liability Regulations and Their Impact on Employers Inside the Minds: Protecting Corporations Against Management Liability Claims – Leading Lawyers on Analyzing Developments in Employment Regulations, Investigating and Responding to Allegations, and Creating Effective Compliance Strategies, Aspatore Books, 2013
- Understanding Key Changes in Employment Law Regulations and Their Impact on Defense Strategies Inside the Minds: Strategies for Employment Litigation – leading Lawyers on Successfully Litigating and Settling Employment Claims, Aspatore Books, 2012
- 2015 Non-Compete Camp, UT Law, September 3, 2015
- Instructor, DAYL Trial Skills Boot Camp, 2015 – 2017
- Trade Secret Claims Under the Texas Uniform Trade Secrets Act, September 17, 2015
- "Decision Dynamics in Non-Compete Cases," UTCLE 2015 Non-Compete Camp: Drafting, Litigating and Trying Non-Competes, September 3, 2015
- Pertinent Trends Affecting Energy Sector and Compliance Issues During Corporate Layoffs, March 12, 2015
Seminars
- "Getting to No – How to Provide Costly, Independent, and Effective Legal Advice to Senior Management/Board of Directors… Even When They Absolutely Don’t Want to Hear It," August 25, 2021
- "COVID-19 policies and other considerations for employers as the pandemic evolves," June 10, 2021
- "The changing business and legal landscape: Key considerations for companies in 2021," March 5, 2021
- "Building a vaccination plan: Key considerations for business," February 18, 2021
- "Overview of Remote Pre-Trial Conferences," October 13, 2020
- "Global Employment Trends – Employee Management in Uncertain Times," July 13, 2020
- "COVID-19: Employment Issues and CARES Act," April 22, 2020
- "Litigating Fiduciary Duty Disputes," September 19, 2019
- "International Employment Conference," November 8, 2018
- "Pro Sports GC’s," October 9, 2018
- Instructor, DAYL Trial Skills Boot Camp, 2015 – 2017
- "Trade Secret Claims Under the Texas Uniform Trade Secrets Act," September 17, 2015
- "Decision Dynamics in Non-Compete Cases," UTCLE 2015 Non-Compete Camp: Drafting, Litigating and Trying Non-Competes, September 3, 2015
- "Pertinent Trends Affecting Energy Sector and Compliance Issues During Corporate Layoffs," March 12, 2015
- "Arbitration Lunch and Learn,” DAYL Training Program, May 18, 2011
- "Updating, Drafting and Negotiating Non-Compete Agreements for Labor and Employment Clients in 2010," ExecSense Webinar, November 19, 2010
- "The Instant Impact of Stagi v. National Railroad Passenger Corp. (3rd Cir. Aug. 16, 2010) on Disparate Impact Discrimination Litigation and the Use of Statistical Evidence" ExecSense Webinar, October 8, 2010
- "Legal Issues Surrounding the Use of Social Media," presented at the ACC Annual In House Symposium, May 21, 2010
- "Advancing Diversity and Inclusion Strategies in a Challenging Economic Environment," 6th Annual Texas Diversity & Leadership Conference, April 7-9, 2010
- "How Far Do You Have to Go to Accommodate a Fragrance Sensitivity?" Dallas Bar Association – Corporate Counsel Section Meeting
- "What the Imminent Legislative Changes in Labor and Employment Laws Mean for Corporate Counsel," Dallas Bar Association – Corporate Counsel Section Meeting, January 6, 2009
- "FMLA Makeover: How the Congress, DOL and Courts are reshaping Employer Leave Obligations," 2008 Advanced Employment Law Seminar, November 11, 2008
- "Trade Secrets and Non-Compete Agreements, Texas Law Update," USFLG Annual Conference, Chicago, IL, October 2-3, 2008
- "Legal Implications of Wellness Programming," Higginbotham & Associates, Fall Health Improvement & Cost Containment, September 2008
- "Recent Developments Under the FMLA," Fort Worth Human Resource Management Association’s 7th Annual Interactive Workshop, September 2008
- Texas Lawyer Labor Law Roundtable (September 6, 2007), reprinted in Texas Lawyer (November 12,2007) and Texas Lawyer Executive Legal Adviser, November/December 2007
- Guest lecturer on employment law, Dallas Baptist University, 2005 – 2006
Media Mentions
- "Office Snapshot: A Look At DLA Piper's Dallas Outpost," Law360, April 13, 2021
- "Diversity Rising: COVID-19 Employment Law," Texas Lawyer, December 2020
- Texas Lawyer, September 15, 2016
- "Attorneys React to DOL’s Final Overtime Exemption Rule," Law360, May 18, 2016
- "For Lone Rangers Corporate Lawyer, Baseball is Appealing Environment," Dallas Morning News and Texas Lawbook, April 4, 2016
- "What Does Hobby Lobby mean for Texas Employers?" Texas Lawyer, Vol 30, No 15, p.9, July 7, 2014
- "Prepare Protocol for Guestroom Theft Scenarios," Hotel and Hotel Management, August 3, 2010
- Commentator, Personnel Legal Alert, Alexander Hamilton Institute, Inc., Volume 21, Number 12, November 16, 2009