Marcus Fettinger’s practice focuses on labor and employment litigation representing employers and executives in trade secret, noncompetition, and nonsolicitation litigation. He has experience in all aspects of labor and employment litigation, including drafting and responding to discovery requests, taking and defending depositions, briefing and arguing motions and hearings, evidentiary arbitration hearings, trials, and appellate briefing.
Marcus earned a B.B.A. from The McCombs School of Business at The University Texas in Austin in 2007, where he was a member of the University of Texas Silver Spurs. He earned his J.D. cum laude in 2011 from Southern Methodist University and served as an Articles Editor for SMU Law Review.
- Served as first chair in a successful temporary injunction hearing for a financial services firm.
- Obtained take nothing judgment for client in an unpaid overtime case.
- Successfully defended an employer in a race discrimination case. Obtained a judgment awarding no economic damages or attorneys’ fees.
- Obtained numerous temporary restraining orders in theft of trade secret and restrictive covenant cases.
- Obtained numerous temporary and permanent injunctions on behalf of national automotive retailer.
- Obtained many large settlements in theft of trade secrets and breach of nonsolicitation / noncompetition agreements.
- Obtained summary dismissal of gender discrimination claims against a client in federal court.
- Obtained summary dismissal of sex discrimination claims against a construction client in state court.
- Counseled clients and litigated cases in a range of employment matters including Title VII, ADEA, ADA, FMLA, and FLSA wage and hour claims and compliance.
- Regularly represent companies facing Department of Labor (DOL) audits regarding overtime compliance.
- Regularly respond to charges of filed the Equal Employment Opportunity Commission (EEOC) and the Texas Workforce Commission (TWC).
- Regularly represent clients in administrative hearings including TWC hearings.
- Regularly draft handbooks, policies and employment agreements such as noncompetition, nondisclosure, severance, and retention agreements.
Professional Activities, Memberships & Affiliations
- Co-Vice Chair, Dallas Bar Association LegalLine Committee
- State Bar of Texas – Labor & Employment Law Section
- Dallas Bar Association – Labor & Employment Law Section
- Dallas Association of Young Lawyers