Marcus Fettinger
Partner

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

Litigation

  • Obtained two take nothing judgments in arbitration on behalf of a global restaurant chain sued by former employees alleging they were misclassified as exempt and owed overtime and retaliated against.
  • Successfully defended an IT solutions provider and obtained dismissal of a competitor’s claims of misappropriation of trade secrets, violation of the Texas Theft Liability Act, tortious interference, aiding and abetting, and conspiring in a public bidding process for two multi-million dollar contracts.  Nguyen v. ABLe Communications, Inc., No. 02-19-00069-CV, 2020 WL 207157 (Tex. App. – Fort Worth April 30, 2020).
  • Served as first chair in a successful temporary injunction hearing for a financial services firm in breach of contract and theft of trade secrets case against a former executive.
  • Served as first chair in a successful temporary injunction hearing for a commercial construction firm in a theft of trade secrets case against a former employee.
  • Obtained summary dismissal of employee's defamation claims in arbitration.
  • 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 file by former employee.
  • 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.
  • Represented companies facing Department of Labor (DOL) audits regarding overtime compliance.
  • Regularly respond to charges filed by the Equal Employment Opportunity Commission (EEOC) and the Texas Workforce Commission (TWC).
  • Represented clients in administrative hearings including TWC unemployment hearings.

Transactional

  • Represented the founders of Chem32 in the negotiation of their employment agreements as part of a $44 million sale of their membership interests to a subsidiary of PQ Group Holdings Inc. (NYSE: PQG). Click here for a press release. 
  • Develop customized policies and compliance programs to ensure businesses properly train their employees and avoid litigation pitfalls.
  • Negotiate executive employment agreements for founders of healthcare practice as part of its sale to a private equity firm.
  • Draft and negotiate executive employment agreements for businesses of all sizes ranging from family-owned businesses to Fortune 500 companies.
  • Draft and negotiate severance agreements for departing employees to ensure a smooth transition for both businesses and employees.
Thought Leadership / News
September 3, 2020 
 Speeches and Presentations
COVID Litigation Mitigation

National Defense Industry Association

September 1, 2020 
 Thought Leadership

ALTAPL Register

August 20, 2020 
 Speeches and Presentations
Cultural Bias

Dallas County Medical Society

Honors
  • Named a Rising Star by Texas Super Lawyers (a Thomson Reuters company) as published in Texas Monthly (2018 - 2021)
Organizational Involvement

Professional Activities, Memberships & Affiliations

  • Dallas Bar Association 
    • Co-Chair, LegalLine Committee
    • Advisor, Transition to Law Practice Program Committee
    • Member, Labor & Employment Law Section
  • State Bar of Texas
    • Member, 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