Marcus Fettinger
Associate

Cookie-cutter strategies never lead to the best outcome in litigation. That’s why I provide practical, solution-oriented advice to clients tailored to their specific needs. Although I always explore alternative ways to resolve a legal dispute, I also love being in the courtroom. The thrill of obtaining a successful result from a judge or jury and achieving my clients’ goals motivates me to come to work every day.

Marcus Fettinger is a management-side employment lawyer focused on using creative strategies to achieve his clients’ goals. Whether they need immediate injunctive relief to protect their valuable trade secrets or long-term strategies to minimize potential liabilities down the road, Marcus is passionate about collaborating with his clients to develop custom solutions that get the best results possible. He also immerses himself in client relationships in a fun yet professional manner so he can understand each client’s individual culture and plans for the future.

Clients call Marcus when their businesses are under attack in cases involving trade secret theft, solicitation of customers or employee raiding in violation of non-disclosure, non-competition and non-solicitation agreements. He has handled every phase of numerous unfair competition disputes, from immediate injunctive relief and discovery to settlement negotiations and trial. With significant experience dealing with data forensics and preparing hearing presentations on the fly, Marcus is the firm’s go-to litigator when clients need a temporary restraining order to prevent further damage to their business interests.

In addition, Marcus has successfully defended employers in litigation and administrative proceedings involving all types of discrimination, harassment and retaliation claims under various federal and state statutes, including Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the Family and Medical Leave Act. He also guides businesses through Department of Labor audits and related litigation involving wage and hour compliance under the Fair Labor Standards Act.

Marcus helps clients outside the courtroom as well. He advises human resources departments and business owners on a variety of day-to-day employment decisions, prepares employee handbooks and policies, and drafts employment agreements such as non-disclosure, non-competition, non-solicitation, severance and retention agreements.

Representative Experience
  • Served as first chair in a successful temporary injunction hearing for a financial services firm.
  • Obtained summary dismissal of plaintiff’s sex, race, and disability discrimination claims against a home services client in federal court.
  • 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. 
Thought Leadership / News
May 10, 2018 
 Speeches and Presentations
Crash Course on Employment Law for Executives
Baylor Executive MBA Program – International Business and Public Policy Seminar
March 28, 2018 
 Speeches and Presentations
The Lawyer’s Catch 22 – Misappropriated Documents & Trade Secrets
November 15, 2017 
 Speeches and Presentations
Managing Employees in Your Nonprofit Organization
Dallas Bar Association - Nonprofit Law Study Group
Honors
  • Named a Rising Star by Texas Super Lawyers (a Thomson Reuters company) as published in Texas Monthly (2018)
Organizational Involvement

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

Community Activities, Memberships & Affiliations

  • Genesis Young Leaders 
  • Oak Lawn Park Junior Conservancy 
Education
  • J.D., cum laude, Southern Methodist University Dedman School of Law, Editor, SMU Law Review (2011)
  • B.B.A., The University of Texas McCombs School of Business (2007)
Bar Admission
  • Texas
Court Admissions
  • United States District Court, Northern District of Texas
  • United States District Court, Eastern District of Texas
  • United States District Court, Southern District of Texas
  • United States District Court, Western District of Texas
  • United States District Court, Western District of Oklahoma
  • United States Court of Appeals, Fifth Circuit
When I Feel Most At Home
  • Enjoying the Texas countryside
  • Relaxing with my dogs – Britta and Emma
  • Exploring Dallas and all it has to offer