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  Mark Downey

214.290.0005
mdowney@spencercrain.com

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Practice Areas
  • Labor and Employment
  • Employee Benefits Law
  • Litigation
  • Labor and Employment
  • Employment Litigation
  • Affirmative Action
  • ADA and Disability Law
  • Class and Collective Actions - Both State And Federal Claims
  • Non-Competes, Unfair Competition and Trade Secrets
  • Wage and Hour
Industries
  • Education
  • Health care
  • Insurance
  • Finance
  • Manufacturing and sales
  • Pharmaceutical
  • Retail
  • Technology
  • Transportation

Non-Equity Shareholder

Mark Downey focuses his practice on Labor and Employment law. Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization, Mr. Downey has defended management for several Fortune 100 companies and smaller public or privately held corporations. He advises and trains clients on state and federal employment issues, including employee benefits, discrimination and wage and hour matters. His experience has included appearances before state and federal agencies and regulatory boards, litigation in both state and federal courts, defense of class actions, and appearances before courts of appeal.

A frequent speaker and author on labor and employment issues, Mr. Downey assisted in the development of the employment law pattern jury instructions for use in the United States District Courts in the Fifth Circuit. He is the management chair of the chapter on Monetary Damages in the fourth edition of the ABA Labor and Employment Section/BNA publication of Employment Law Discrimination released in August 2007.

Representative Experience
  • Counsel and litigation in employment-related matters including age, race, national origin, disability and sex discrimination charges, and sexual harassment claims, wrongful termination suits, defamation actions, family leave issues, employee benefits, health and safety matters, and wage-hour disputes
  • Training for corporate clients on compliance issues related to employment matters
  • Preparing and arguing appeals before both federal and state appellate courts
  • Representation pertaining to misappropriation of trade secrets, unfair and non-competition matters

Education

J.D., Thomas M. Cooley Law School, 1995
B.A., Southern Methodist University, 1991

Bar Admissions

State Bar of Texas

Court Admissions

U.S. Court of Appeals for the Fifth Circuit
U.S. District Court for the Northern District of Texas
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

Awards & Recognitions

"Texas Super Lawyers" (Texas Monthly magazine, 2007-2008)
‘Recognized’ Attorney for Labor and Employee Benefits by PLC Which Lawyer?, 2007, 2008

Publications & Presentations

  • Panelist at "Want to Keep Me? Spoil Me, Pamper Me and Other Innovative Employee Retention Techniques," April 10, 2008, American Bar Association, Section of Business Law 2008 Spring Meeting, presented by the Career and Practice Development Committee.
  • Presenter and program moderator "Employment & Labor Law 'Check-Up' Conference," March 13, 2008, sponsored by the Urban League of Greater Dallas & North Central Texas, and the J.L. Turner Legal Association.
  • Panelist at "Texas Lawyer – 2008 Labor & Employment Roundtable," February 21, 2008, sponsored by the Texas Lawyer.
  • Author of "Keeping the Faith," January 2008, HR Magazine, published by Society for Human Resource Management.
  • Author and presenter of "Employment Law Update – Negotiating Separation Agreements," January 9, 2008, sponsored by Sterling Education Services, Inc.
  • Author and presenter of "Employment Law Update – Employment Issues in the Paperless Workplace," January 9, 2008, sponsored by Sterling Education Services, Inc.
  • Author of "Employee Lawsuit Filings are on the Rise," August 3, 2007, Dallas Business Journal.
  • Presenter of "Examining Recent Court Cases and Interpreting Key FMLA Concepts to Ensure You Stay in Compliance," June 28, 2007, sponsored by the Council on Education in Management.
  • Author of "Religion Goes to Work," June 2007, HRmadeEasy.
  • Program coordinator and presenter of "Texas Recent Developments in Employment Law 2007," March 2007, sponsored by the Council on Education in Management.
  • Presenter of "Keeping Current With What The Courts Are Saying About Key FMLA Concepts To Ensure Your Policies Are In Compliance," December 2006, sponsored by Council on Education in Management.

Professional Affiliations

  • College of the State Bar of Texas
  • Dallas Bar Association, Labor and Employment Section
  • State Bar of Texas, Labor and Employment Law Section
  • Member, Human Capital Institute Research Group, 2007-2008
Previous Law Firm Experience

Epstein Becker & Green, PC

Civic & Community Involvement
  • Founding Member, Muscular Dystrophy Association's Dallas Legal Leaders: The Hot Hundred Who Care, 2007, 2008
  • Board of Management Recording Secretary, YMCA at White Rock/Southeast YMCA, 2003-2005
  • Alumnus, Dallas Association of Young Lawyers’ Leadership Program, 1997 Inaugural Class
  • Life Loyal Sigma Chi
  • Eagle Scout, Boy Scouts of America