Helping Your Business Through Litigation Defense And Counseling

For several years, Mark and Ed were partners at a prestigious employment law firm and successfully represented some of the nation’s largest companies. At our Firm, they continue their robust defense of employers. Why do employers--many of whom are large companies that could afford any law firm in the United States--hire Oberti Sullivan?

Knowledge and Experience. For decades, we have successfully battled in the trenches of employment disputes on behalf of employers and employees alike, providing us with a deep reservoir of substantive knowledge of employment law. We have just about seen it all regarding employment disputes, and we leverage that knowledge and experience to help employers daily. Every client needs a trusted advisor and partner. This is what we do, whether it is helping you through litigation or promptly answering your questions in e-mails or over the phone.

Real Efficiency. Every law firm says they are efficient, but we will compare our bills to any other employment law firm in Houston. We will not throw your case to a junior associate who is learning to practice law. One senior, partner-level attorney handles most matters. We do not spend our day preparing dense legal memoranda that no one will ever read and for which employers get charged an arm and a leg. Instead, we identify a matter's most critical issues and quickly provide our clients with clear, practical, and useable advice.

Proven Results. Day in and day out, we focus our energy on providing our clients with the best possible result. If that means resolution, we know how and when to drive the best deal possible for your company. If that means going to battle, we are ready, willing, and able to do so. We have a track record of successful results before administrative agencies, arbitrators, and both state and federal trial and appellate courts. You will find a list of Mark and Ed's results and satisfied clients below.

“The Firm does not represent employers because it needs more work. It represents employers because Mark and Ed enjoy what they do, and they are proud to add value to their clients’ legal and business objectives.”

Employer Case Results

The Firm has had many successes representing employers. In litigation, however, more than just winning is at stake. The lawyers you hire will be your company’s face to judges, juries, and other legal professionals. You can trust Oberti Sullivan to go beyond mere substantive excellence and to consistently conduct ourselves in a way that positively reflects your company and its core values.

Affirmed

After winning a trial for its client K.D. Resources in a breach of contract case, Oberti Sullivan obtained a favorable affirming opinion from the Houston Court of Appeals. Hyman & Matturo v. K.D. Resources, No. 01-20-00059-CV (Tex. App.--[1st Dist.] April 26, 2022).

Dismissed

U.S. District Judge George Hanks dismisses an age discrimination and retaliation case based on Oberti Sullivan's dispositive motion. Marrone v. Express Employment Professionals, Civil Action No. 4:19-cv-4400 (S.D. Tex. Jan. 25, 2021).

Victory!

Won a complete victory in a bench trial. A former employee sued our client for $1 million alleging breach of contract. Judge Gomez in April 2019 ordered that the plaintiff take nothing. Hyman v. KD Resources (Harris County).

Case Dropped

Employee permanently dropped federal race and retaliation claims without any money paid by our client. Pelt v. Goodman Manufacturing Company, L.P. (S.D. Tex.).

Victory!

Won a complete victory at arbitration for an international company specializing in engineering, construction, and project management, against an employee who claimed unlawful discrimination and retaliation.

Victory!

Won a complete victory at arbitration for an international company specializing in engineering, construction, and project management against a plaintiff who claimed he was terminated for filing a workers’ compensation claim.

Case Dropped

Claim before the National Labor Relations Board withdrawn after we responded to a complaint filed with the agency. Rodgers v. Hoover Ferguson (NLRB)

Dismissed

Client sued for tortuously interfering with another company’s non-competition agreement saw case dismissed without payment of any money.

Victory!

Won summary judgment in a same sex harassment case. Smith v. MTC (N.D. Tex.)

Client Testimonials

I cannot say enough good things regarding my experience with the firm.

- James Durden
Client Testimonials

Consistently pleased with the outcome

- Rachel Miller
Client Testimonials

Superior customer service and genuinely cares about taking care of each client as if they are their #1 priority

- Lacey Labruzzo
Client Testimonials

Highly skilled counsel that not only provides exceptional service but a firm that understands the importance of good client/counsel relationships.

- Nina Bass
Client Testimonials

Calm, rational and thoughtful in plotting out a strategy

- SMP Partners
Client Testimonials

⭐️⭐️⭐️⭐️⭐️

- Valentina Jotovic
Client Testimonials

He responded to our inquiry promptly, and the turnaround on the project we needed to have done was two days!

- Antonius Bittmann
Client Testimonials

Positive: Professionalism, Quality, Responsiveness ... provided outstanding service on a delicate matter in a timely manner. Can't ask for more than that!

- Alistair Barnes
How We Help Employers
Litigation
EEOC Defense
Counseling
Training
DOL Audits
Layoffs
Value

Litigation

Our results vigorously defending companies in employment law litigation speak for themselves. In every year since 2016, the publication U.S. News-Best Lawyers recognized Oberti Sullivan as a Houston Metropolitan Tier 1 Firm for Litigation-Labor & Employment and “Employment Law – Management. In 2015, Corporate Counsel Magazine named Oberti Sullivan as one of the “2015 Go-To Law Firms for the Top 500 Companies.



EEOC Defense

Mark and Ed have handled hundreds of EEOC Charges for employers and have consistently obtained favorable outcomes. When your company hires us to represent it before the EEOC, our Firm takes care to listen, learn, and present the facts and law to the Commission in an accurate and effective position statement. The work performed is always done with an eye towards the future, meaning, if the case is subsequently filed in court, which is rare for our cases, our work before the EEOC promotes efficiency in handling any subsequent litigation.


Counseling

Employers need seasoned employment lawyers to help them through complicated and important employment law issues, such as analyzing proposed handbooks, preparing separation and severance agreements, reviewing dangerous terminations, assisting with tricky FMLA leave and ADA reasonable accommodation situations, and rendering opinions on the exempt or non-exempt status of employees. The Firm handles all of these types of situations, and many more, to simplify the lives of HR Managers and In-House Legal Departments.


Training

Many sophisticated employers train their managers on EEO compliance and anti-harassment. By doing so, they reduce the risk of getting sued. If the company is sued, such training is likely to be looked upon favorably by a judge or jury. Mark and Ed are not “boring” trainers. They are superior speakers and have earned accolades from our clients and third-party organizations for their “down-to-earth” presentation style.


DOL Audits

What do you do if a Department of Labor Investigator calls or shows up unannounced to your Houston business? Do you know your legal rights? Is the DOL performing a wage and hour investigation, an OSHA Audit, or something else? Are your records in proper order? Is there a whistleblower? The Firm can guide you through the process and help advocate for your legal interests.


Layoffs

There are many traps when employers decide to terminate more than one employee at a time. If your company is required to lay-off multiple employees, the Firm can walk you through and prepare documents in compliance with the technical requirements of the Worker Adjustment and Retraining Notification (“WARN) Act, the Older Workers Benefit Protection Act, Title VII, the Age Discrimination in Employment Act, and other laws that often impact lay-offs and reductions in force.  


Value

The Firm does not represent employers because it needs the work. It represents employers because Mark and Ed enjoy the work and strive to add value to our clients’ legal and business objectives. Each is responsive to your company’s phone calls and e-mails. They will not gin up your bill with charges for printing and telephone charges or research outside its standard Westlaw plan. Because we are selective in choosing the defense cases we take, our hourly rates are commensurate with our experience and knowledge. However, those rates are typically higher than those you would find at a firm requiring a large volume of cases to be profitable. Those firms typically assign your case to a fresh-faced and inefficient associate who is learning on the job and then charge you extra for a partner to review all of the associates work. In essence, your company is paying for that inexperienced attorney’s education. If you have engaged such firms in the past, you probably have experienced frustration getting a new lawyer to answer your questions directly. By contrast, at our Firm, almost all of our cases are handled by a partner-level attorney who already knows how to practice law. You will not be paying for an associate to learn how to practice law or to teach the senior partner about the case because our partners know the case from inception through conclusion.

Videos

Employment Law Questions/Issues
Houston Employment Attorney Discusses New Texas Supreme Court Case on Punitives
Houston Employment Attorney Discusses Social Media and the NLRB
Houston Executive Lawyer Mark Oberti Discusses Non-Compete Agreements Under Texas Law
Houston Employment Lawyer Discusses The Maximum Length of A Non Compete Agreement Under Texas Law
Houston Executive Lawyer Discusses Non-Compete Issues Under Texas Law
Houston Executive Lawyer Explains Enforceability of Non-Recruitment/Solicitation Clauses
Houston Non-Compete Lawyer Discusses Employer's Options If It Suspects A Non-Compete Violation
Houston Non Compete Lawyer Discusses Overbroad Non Compete Agreements