Mark J. Oberti
Email: mark@osattorneys.com
Ph: 713.401.3556
Fax: 713.401.3547
Mark knows the law. He teaches many classes at Lawline.com, with a very high "course rating." He is Board Certified in Labor & Employment Law by the Texas Board of Legal Specialization. Beginning in 2009 and for every year following, Texas Monthly Magazine named him a “Super Lawyer,” a distinction given to a very small percentage of Texas lawyers. To see an overview of Mark's employment law experience click here. In January 1998, Mark joined Seyfarth Shaw LLP, one of the largest and most respected labor and employment law firms in the United States. Based on his proven results, Seyfarth Shaw LLP named Mark a partner in 2003. Mark left Seyfarth Shaw LLP in June 2010 to pursue a vision he shares with Ed Sullivan: To build and run a law firm that sets the standard for excellence in labor and employment law.
To Mark, practicing law and representing the Firm's clients is not work, but rather a passion and a privilege. It is also a lot of fun. Because of his attitude, Mark has often achieved winning results for his clients. He has obtained summary judgments in dozens of cases for employers (see Mark's Relevant Texas and Other Employment Law Experience) and also has substantial first-chair trial experience. In May 2002, he first-chaired a four-day race discrimination jury trial that resulted in a verdict for his client. In March 2005, he first-chaired a three-day disability discrimination jury trial that resulted in a verdict for his client. Mark has also argued and won numerous appeals, including the published cases of Mason v. United Air Lines, Inc., 274 F.3d 314 (5th Cir. 2001) (an ADA case), Newsom v. Brod, 89 S.W.3d 732 (Tex. App.--Houston [1st Dist.] 2002, no pet.) (a defamation case), and Baker Hughes Oilfield Operations, Inc. v. Williams, 360 S.W.3d 15 (Tex. App.--Houston [1st Dist.] 2011, pet. denied) (a race discrimination case).
Due to his knowledge of the law and entertaining demeanor, Mark is frequently invited to speak at seminars on employment law issues. He has spoken at seminars sponsored by the National Employment Law Institute, the State Bar of Texas, South Texas College of Law, the University of Houston Law Foundation, Houston Bar Association, American Petroleum Labor Lawyers Association, Lorman Education Services, and the Council on Education in Management on a wide variety of HR and employment law topics, including the Americans with Disabilities Act, Title VII, the ADEA, Retaliation, the FMLA, the FLSA, Damages, Religious Discrimination, Pregnancy Discrimination, EEOC Practice and Litigation, Ethics, Covenants not to Compete, and Trade Secret law.
"Current Developments in Employment Law," American Law Institute's CLE, Santa Fe, New Mexico (July 2013)
“2013 Update: Texas Noncompete Law; Trade Secrets Litigation; Texas Adopts The Uniform Trade Secrets Act; Inevitable Disclosure Doctrine; and Fiduciary Duties,” Austin, Texas (June 2013)
"Growing Surge in Retaliation and Whistleblowing," National Employment Law Institute's 18th Annual Employment Law Conference, Washington D.C. (May 2013)
“ADA/FMLA Compliance Update,” National Employment Law Institute, Chicago, Illinois (April 2013)
“Growing Wave in Retaliation and Whistleblowing,” National Employment Law Institute’s 2013 Employment Law Briefing, Disney World, Florida (March 2013)
“The Departing Texas Employee: Noncompetes, Trade Secrets, Fiduciary Duties And The 'Inevitable Disclosure' Doctrine," Lawline.com (November 2012)
“Top 10 Ethical Traps for Employment Lawyers (And How To Avoid Them),” State Bar of Texas, Austin, Texas (November 2012)
“FMLA Practice and Pitfalls,” National Employment Law Institute’s Employment Law Conference in Washington, D.C. (November 2012)
“Vetting Plaintiffs’ Employment Cases: Tips, Tactics, and Traps,” Houston Bar Association’s Labor and Employment Section, Houston, Texas (November 2012)
“The New Wave of Retaliation and Whistleblowing,” Thurgood Marshall School of Law - Texas Southern University’s Fall 2012 Civil Rights Symposium, Houston, Texas (November 2012)
“The FMLA: An Employer’s Roadmap To Rooting Out Fraud & Protecting Rights,” Lawline.com (October 2012)
“The New Wave of Retaliation and Whistleblowing,” American Petroleum Labor Lawyers’ Association, Houston, Texas (October 2012)
“10 Hot New Employment Law Issues,” Lawline.com (July 2012)
“Employment Law 2012 – 10 Hot New Developments All Lawyers Need to Know,” State Bar of Texas, Austin, Texas (July 2012)
“Trade Secrets and Covenants Not To Compete,” State Bar of Texas Annual Convention, Houston, Texas (June 2012)
“The Top 10 Mistakes Employers Make And How to Avoid Them,” State Bar of Texas Annual Convention, Houston, Texas (June 2012)
“Employment Law Ethics - Surreptitiously Recording Conversations,” Houston Bar Association’s Labor and Employment Section, Houston, Texas (May 2012)
“The New Wave of Retaliation and Whistleblowing,” National Employment Law Institute’s 2012 Mid-Year Employment Law Conference, Chicago, Illinois (May 2012)
“Maintaining an ADA and FMLA Compliant Workplace” Houston Bar Association’s Labor and Employment Section, Houston, Texas (May 2012)
“EEOC Practice and Procedure,” State Bar of Texas, Austin, Texas (March 2012)
"Harassment, Slander, and Other Bad Behavior," Southwest/Rockies Region of the National Academy of Arbitrators' 35th Annual Labor-Management Conference, Houston, TX (March 2012)
"Maintaining an ADA and FMLA Compliant Workforce," Lawline (February 2012)
“Trying the Nontraditional Employment Law Case,” Houston Bar Association, Labor and Employment Section, Houston, Texas (January 2012)
“Top 10 Mistakes Employers Make, and How to Prevent Them,” Lawline.com (January 2012)
“FLSA: How to Prosecute and Defend Texas Overtime Claims,” State Bar of Texas, Austin, Texas (December 2011)
“Rumbles in the ‘C’ Suite – Representing Texas Executives in Employment Disputes,” State Bar of Texas, Austin, Texas (October 2011)
“Retaliation Claims: Welcome to the Danger Zone,” State Bar of Texas, Austin, Texas (July 2011)
“2011 Family & Medical Leave Act Workshop -- Managing The Medical Process,” National Employment Law Institute, Houston, Texas (June 2011)
“Maintaining An ADA Compliant Workplace In Light Of The New Regulations,” American Petroleum Labor Lawyers Association, Houston, Texas (June 2011)
“Family and Medical Leave Act – How to Comply,” State Bar of Texas, Austin, Texas (February 2011)
“Texas Non-Compete and Trade Secrets Update,” State Bar of Texas, Austin, Texas (December 2010)
“Employment Law and IP Related Issues,” HIPLA Annual Intellectual Property Law Institute, Galveston, Texas (October 2010)
“Top 10 Mistakes Employers Make, and How to Prevent Them," State Bar of Texas, Austin, Texas (September 2010)
“Texas Payday Act,” Lorman Education Services (July 2010)
Education
- J.D., University of Houston Law School, cum laude (1994)
- Order of the Coif
- B.A., Wayne State University (1990)
Admissions
- State Bar of Texas (Labor and Employment Section)
Courts
- U.S. Court of Appeals for the Fifth Circuit
- All Federal District Courts of Texas
- U.S. District Court for the District of Colorado
Affiliations
- Texas Board of Legal Specialization (Labor and Employment)
- Houston Bar Association (Labor and Employment Section)
- Lawline.com
