Whether in state or federal court, in arbitration, mediation, or before administrative agencies such as the Department of Labor (e.g., Occupational Safety and Health Administration, Office of Federal Contract Compliance Programs, and Wage & Hour), Munck Wilson’s employment litigation team fights for the rights of our clients and protects them in high-stakes litigation and labor matters.
Munck Wilson Mandala has a comprehensive team well-versed in employment litigation. We advise public and private companies, small businesses, nonprofit organizations, HR departments, and management on a full range of matters relating to employment litigation and our track record demonstrates a high level of success in protecting clients and helping them remain in compliance with federal and state employment laws.
At Munck Wilson Mandala, we know that one of your most valuable assets is your talent, and the administration and human resources elements of a business are vital to success. However, when disputes arise, you need a team of advisors who can quickly and accurately guide you through the complexities of employment law that can threaten your business.
Our attorneys have extensive experience litigating employment matters through verdict and on appeal, in court or before the myriad of governmental agencies with jurisdiction over the employment relationship.
We provide results-oriented representation in all aspects of employment litigation, including disputes concerning:
In a major test of the state’s anti-SLAPP statute, Dallas attorney Michael McCabe convinced the Texas Supreme Court in a 6-3 decision to dismiss the doctor’s defamation suit because the plaintiff could not prove the report was substantially false.
Dallas 500 is a special edition of D CEO Magazine that celebrates dynamic and influential leaders in North Texas. Each year, the editors of D CEO base their selection on extensive contacts and recommendations in local business circles and hundreds of interviews. Dallas 500 provides a personal, engaging look at the leaders who make the North
Lauren received her J.D. from the Southern Methodist University Dedman School of Law, graduating cum laude. While in law school, she was selected as an articles editor for the International Law Review Association and she worked as a student attorney in the SMU Civil Clinic where she represented clients in consumer law matters. A little
Benchmark Litigation is considered the go-to resource for litigation rankings and analysis. Research is conducted through extensive interviews with litigators, dispute resolution specialists and their clients to identify the leading litigators and firms. McCabe has been identified as one of the preeminent L&E litigation practitioners in the US. Board Certified by the Texas Board of
“This is the kind of growth we have focused on in our LA office since opening in 2018,” said managing partner William A. Munck. “We started with a strong litigation team, adding corporate and transactional lawyers, and now we have a dynamic team of employment litigators who bring decades of experience representing clients in LA
Lawyers recognized in Best Lawyers: Ones to Watch are divided by geographic region and practice areas. They are reviewed by their peers on the basis of professional expertise and undergo an authentication process to make sure they are in current practice and in good standing. Munck Wilson Mandala would like to congratulate the following lawyers
Arvesen, Harden, and Plagens are newly honored this year as Texas Rising Stars and Lopano was recognized among the prestigious Up and Coming 50: 2021 Women in Texas Rising Stars. The MWM attorneys were selected in the categories of intellectual property, business/corporate law, business litigation, employment litigation, and intellectual property litigation. Published by Thomson Reuters,
Martinez is a trial attorney with a 22-year legal career representing both plaintiffs and defendants in a wide variety of business disputes. She has worked for large, midsized, and small firms, and she rose to the rank of name partner and executive vice president at a boutique litigation firm in Dallas before joining MWM. Known
Business Closing Mandates Check websites for your local (city and county) and state governments to identify which businesses have been told to shut down and whether residents are being told to “shelter in place.” Is it an executive order or mandatory restriction or merely a recommendation? Restaurants and bars have been the focus of mandates
The 2020 list of Texas Super Lawyers will be published in the October issue of Texas Monthly. The annual Texas Super Lawyers list honors Texas’ top lawyers based on surveys of more than 57,000 active attorneys across the state. The final list is estimated to be only five percent of Texas’ licensed attorneys. Several MWM partners
Collecting data from more than 3,000 submissions, Inc. singled out 395 finalists nationally for this year’s list. Each nominated company took part in an employee survey on topics including trust, management effectiveness, perks, and confidence in the future. Inc. gathered, analyzed, and audited the data. The strongest engagement scores came from companies that prioritize the
McCabe will continue his position as Co-Chair of MWM’s Employment and Labor Law Section, leading MWM’s employment litigation practice. Board Certified by the Texas Board of Legal Specialization in Labor and Employment Law, McCabe is a skilled trial lawyer known for breaking down the facts in complicated cases and connecting with juries. McCabe represents high
MWM is on the shortlist for Outstanding Firm for Furthering Diversity and Inclusion and Inclusive Firm of the Year. MWM’s managing partner William A. Munck is shortlisted for Outstanding Contribution. MWM partner Amanda Greenspon is shortlisted for Outstanding Ally Award and MWM associate Tasha Schwikert is shortlisted for Future Leader – Diversity and Inclusion. Munck
Online and in its printed version, the IAM Patent 1000 is commonly regarded as one of the definitive ‘go-to’ resources for those seeking to identify world-class, private practice patent expertise and leading expert witnesses in the US. IAM listings are the result of an exhaustive qualitative research process to identify outstanding firms and individuals across
Martinez is a senior litigation partner with a 21-year legal career representing both plaintiffs and defendants in a wide variety of business disputes. She has worked for small, large, and midsized firms, and she rose to the rank of name partner and executive vice president at a boutique litigation firm in Dallas before joining MWM.
Collecting data from more than 3,000 submissions, Inc. singled out 395 finalists nationally for this year’s list. Each nominated company took part in an employee survey on topics including trust, management effectiveness, perks, and confidence in the future. Inc. gathered, analyzed, and audited the data. The strongest engagement scores came from companies that prioritize the
Mandala, Ray and Kaliser are members of MWM’s corporate practice. Mandala is a name partner and member of the executive committee and chairs MWM’s corporate practice. Ray and Kaliser are both partners in the corporate practice. Martinez is a senior partner in MWM’s complex litigation/dispute resolution practice. She is a trial attorney with a versatile
Seven Munck Wilson Mandala attorneys have been recognized as Texas Rising Stars for 2020. The attorneys were selected in the categories of intellectual property, business/corporate law, business litigation, employment litigation, and intellectual property litigation. Published by Thomson Reuters, the Texas Rising Stars listing recognizes the top young lawyers in the state based on a multiphase
Finalist in the Midsize Firm Category In the mid-1990s, Bill Munck went on the hunt for the perfect place to set up a high-tech litigation firm. After visiting Silicon Valley, Washington, D.C., and New York, where most IP firms were concentrated at the time, he ended up rejecting both the East and West coasts and staked his
Christensen received her J.D. from Baylor Law School. She holds a B.A. in international studies from Baylor University. Prior to joining the MWM team, Christensen worked as an associate at Thompson, Coe, Cousins, & Irons, L.L.P. Munck Wilson Mandala is a technology-focused law firm with offices in Dallas, Austin and Marshall, Texas, and Los Angeles,
Antonio obtained his B.S. in mechanical engineering from the University of Oklahoma and his J.D. from Texas A&M University School of Law. His addition to the MWM IP team adds another attorney to the firm’s strong roster of over 40 registered patent attorneys. Prior to his legal career, Antonio worked as a project engineer for
The 2019 list of Texas Super Lawyers (Thomson Reuters) will be published in the October issue of Texas Monthly. The annual Texas Super Lawyers list honors Texas’ top lawyers based on surveys of more than 57,000 active attorneys across the state. The final list is estimated to be only five percent of Texas’ licensed attorneys. The following
“Melanie and Susan have impressive litigation experience and they embody our goal of attracting the best legal talent to represent our clients,” said managing partner William Munck. “We are excited to have the entire OH team join us and know they will bring fresh perspectives and energy that will enhance our complex litigation and employment
Munck is the managing partner of MWM, a member of the executive committee, and he chairs the firm’s intellectual property practice. He has led MWM since the late 90s and grown the firm from six lawyers to 70 lawyers with three offices in Texas—Dallas, Austin, Marshall, and a Los Angeles office. Munck received his J.D.
Published by Thomson Reuters, the Texas Rising Stars listing recognizes the top young lawyers in the state based on a multiphase process that includes nominations, an independent research evaluation of candidates and peer reviews by practice area. Three of the recognized Rising Stars, Sarah Lopano, Lauren Mitchell and Jordan Strauss, will be included in the
Ranked the third largest patent law firm in North Texas and the 10th largest in Austin, MWM is one of the most recognized litigation teams in Texas, representing clients in patent infringement, trade secret, employment, technology, securities, construction, and oil and gas disputes. The MWM litigation team is repeatedly recognized by a wide range of
Earlier this summer in the first trial, MWM represented Valtech as plaintiff in a dispute against Cornerstone over an earn out payment due under an asset purchase agreement. Cornerstone refused to pay and countersued Valtech for fraud, breach of contract and breach of fiduciary duty. MWM’s Michael McCabe gave a great cross-examination of Cornerstone’s corporate
The 2018 list of Texas Super Lawyers (Thomson Reuters) will be published in the October issue of Texas Monthly. The annual Texas Super Lawyers list honors Texas’ top lawyers based on surveys of more than 57,000 active attorneys across the state. The final list is estimated to be only five percent of Texas’ licensed attorneys. The following
Among his peers, McCabe is consistently honored as a top lawyer in employment law and litigation. Annually he is selected as a Texas Super Lawyer and he has been listed among the Top 100 Super Lawyers in Texas and Top 100 Super Lawyers in DFW since 2014. McCabe has also been listed as a Best
Dallas, TX, Sep. 5, 2017 —– 16 partners from law firm Munck Wilson Mandala have been selected as Texas Super Lawyers for 2017. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. Produced and managed by Thomson Reuters, the selection
The Best Lawyers in America list is compiled annually by conducting peer-review surveys among tens of thousands of leading lawyers. If the votes for an attorney are ample for inclusion in Best Lawyers, that attorney must maintain those votes in subsequent polls to remain on the list for each edition. Lawyers are not permitted to pay
Davidson represents a wide variety of clients in intellectual property disputes, product liability, employment law, entertainment, and real estate matters. She has an impressive record of handling litigation for trademark and copyright infringement suits for large portfolios held by music festivals, sports teams, and jewelry designers. Davidson is also known for her sound counsel on
PAGA, enacted in 2004, permits an employee who has suffered a violation of the Labor Code to act as the agent of the state – deputized, in effect, to enforce the Labor Code on the state’s behalf. If the employee satisfies certain administrative requirements, the employee can pursue claims for penalties for violations the employee
If signed into law, Assembly Bill 1228 (the “Fast Food Franchisor Responsibility Act”) would add to the Labor Code Section 2810.9, making covered fast food franchisors jointly responsible (with the franchisee) for the franchisee’s violations of specified laws, rules, and regulations. For example, the franchisor would share liability for violations of the state’s Fair Employment and Housing
On January 1, 2023, California’s statewide minimum wage increased to $15.50/hour for all employers. But starting July 1, 2023, employers in every city and municipality listed below will be required to pay more than the state’s required minimum ($15.50/hour) due to local laws requiring higher hourly rates. Employees in the city of West Hollywood, for example, must be
The CCPA (Civil Code Section 1798.100, et seq.) requires California businesses to inform consumers about the collection and use of the consumer’s personal information. The Act prohibits businesses from collecting, using, retaining, or sharing such information except to the extent “reasonably necessary and proportionate to achieve the purposes for which” the information is obtained. The legislature
Many of the specific wage and hour requirements that California employers must follow are set forth in industry-specific “Wage Orders.” The current Wage Orders, which are available at https://www.dir.ca.gov/iwc/wageorderindustries.htm, were drafted more than 20 years ago by the IWC. The IWC, which was created by the Legislature as part of the Department of Industrial Relations (DIR),
California employers may be challenged to fulfill their New Year’s resolutions in 2023, which has brought significant changes in various California labor and employment laws. Some of the most widely applicable new laws that will impact the workplace in 2023 include: Given that California law provides that overtime-exempt employees must receive a salary of at
Munck Wilson Mandala is pleased to announce that 23 lawyers have been included in the 2024 edition of The Best Lawyers in America. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Lawyers on The Best Lawyers in America list are divided by geographic
To avoid fighting the same war on multiple fronts, employers often seek to resolve one of the lawsuits in a way that will bar the others from going forward. A recent decision of a panel of the First District of the California Court of Appeal in Accurso v. In-N-Out Burgers (No. A165320, Aug. 29, 2023) may make
Munck Wilson Mandala congratulates 18 attorneys who have been recognized as Texas Super Lawyers for 2023. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. Produced and managed by Thomson Reuters, the selection process involves independent research,
Written as a column for Daily Journal by MWM’s Kate LaQuay and Sahar Shiralian The dog days of summer are almost over, which is cause for celebration for many Californians. Recent historic heat wave were likely the sizzling inspiration for a new proposed regulation establishing a heat illness standard for indoor work areas. On Aug.
Employees’ Accrual & Use of Paid Sick Time, Historically Since 2015, California has required employers to provide employees a limited amount of paid sick leave. The entitlement to paid sick leave is set forth in Labor Code Sections 245.5, 246 and 246.5. These statutes broadly define “employer,” for this purpose, as including any person (or
Nothing in the FCA prevents a covered employer from obtaining an applicant’s conviction history after making that person a conditional offer of employment. Once a conditional offer has been made, the employer can run a background check or ask the applicant directly about a history of convictions. But employers that learn of a criminal conviction
What is “Workplace Violence”? SB 553 defines “workplace violence” as “any act of violence or threat of violence that occurs in a place of employment.” Workplace violence can include, for example: use of, or threats of, physical force against an employee; and use of, or threats of, a firearm or other “dangerous weapon.” It does
Who is Covered? Hiring Entities and Freelance Workers The Ordinance applies to “hiring entities,” which are entities regularly engaged in business or commercial activity. Specifically, a hiring entity “owns or operates any trade or business, including a not for profit business, or represents itself as engaging in any trade, or business.” The Ordinance carves out
Co-sponsors of SB 403 argued that “[c]aste may not be as visible as race to the California legislature, but it is a longstanding system of exclusion…”. Notably, the Legislature declared that SB 403 should not “be construed to mean that discrimination on the basis of ancestry does not already include discrimination on the basis of
Employees’ Existing Right to Take Bereavement Leave Last year, the Legislature amended the California Family Rights Act (CFRA, Government Code Section 12945.2, et seq) to grant eligible workers the right to take unpaid leave after the death of a family member. Government Code Section 12945.7, which became effective on January 1, 2023, requires companies employing
What Is a Prohibited Non-Compete Agreement? As a matter of public policy, California favors an open market for workers, so that they may move from one business to another as they choose. Although some states (at least for now) permit individuals and businesses to enter into contracts that “reasonably” restrict the individual’s right to work
In Dallas, MWM ranked as a Best Law Firm® in commercial litigation, copyright law, corporate law, employment law/management, insurance law, labor law/management, litigation/construction, litigation/intellectual property, litigation/labor and employment, litigation/patent, mergers and acquisitions law, patent law, sports law, technology law, trademark law, and venture capital law. In Austin, MWM ranked as a Best Law Firm® in
Subjects Often Covered by “Workplace Rules” Most employers develop and distribute standards, rules, or a code of conduct applicable to their employees. Communicating written expectations for workplace conduct (whether as part of an Employee Handbook, or a standalone document) benefits both employees and employers. In a perfect world, employees understand (and avoid) behavior that might
Assembly Bill 2188 / Prohibition of Employment Discrimination Based on Off-Work Use Until now, California employers have been permitted to reject applicants, or discipline employees, based on their use of marijuana – even if that occurred during non-work hours and away from the workplace. The state Supreme Court confirmed in 2008 that voters’ efforts to
1. Expansion of the Entitlement to Paid Sick Leave. Beginning in 2024, California workers will be entitled to take more days of paid sick leave each year. Senate Bill 616 amended Labor Code Sections 245.5 and 246 to increase employees’ minimum rate of accrual of paid sick time to 40 hours, or five days, each
Munck Wilson Mandala welcomes commercial litigation attorney Georgiana Nikias to the firm’s Los Angeles office. Nikias joins MWM as a principal attorney representing clients in copyright and trademark litigation, business litigation, commercial real estate litigation, employment law, products liability, and art law in both State and Federal Court. She also reviews and structures a broad
Background – Senate Bill 553 Senate Bill 553 (SB 553) amended Labor Code Section 6401.7 and added new Labor Code Section 6401.9. The bill expanded employers’ obligations with respect to the prevention of workplace injuries by adding a requirement to create a written plan specifically designed to prevent and record instances of “workplace violence.” A
Background – Pay Data Reporting According to the CRD, California’s legislature imposed pay data reporting requirements to “encourage [] employers to self-assess pay disparities along gendered, racial, and ethnic lines in their workforce and to promote voluntary compliance with equal pay and anti-discrimination laws.” The state’s Fair Employment and Housing Act prohibits discrimination “in compensation
Background – California’s Fair Chance Act and the City of LA’s Fair Chance Ordinance California’s Fair Chance Act (FCA, Government Code Section 12952) restricts both the time when and extent to which employers can consider a person’s conviction history in making employment decisions (read more here). Among other things, the FCA prohibits covered employers from:
“Hours Worked” and California’s Various Wage Orders One reason wage and hour questions can be complicated in California is that the state has seventeen different Wage Orders. Most of the Wage Orders relate to specific industries or occupations, with a catch-all for “miscellaneous employees.” Guidance from the state’s Division of Labor Standards Enforcement explains how
Overview of PAGA and its Impact on Employers PAGA (Labor Code Section 2698, et seq.) permits workers who have suffered a violation of the Labor Code to act as the agent of the state, deputized to enforce the Code on its behalf. PAGA lawsuits are “representative actions,” and so a PAGA plaintiff can seek to
What are Employers’ Obligations When a “Fair Work Week” is Required? Fair work week requirements vary by jurisdiction, but they often obligate employers to: Some jurisdictions require employers to offer additional hours to current employees before hiring more workers. Which Jurisdictions in California Have “Fair Work Week” Mandates? California’s legislature has not required predictable scheduling
The Bargain – Legislative Reform of PAGA The deal hinges on two pieces of proposed legislation becoming law. Each bill includes a fail-safe, so it would only become effective if the other one does, also. Assembly Bill 2288 and Senate Bill 92 (the PAGA Reforms) would amend Labor Code Sections 2699, 2699.3, and 2699.5. On
What is Intersectional Discrimination? According to the bill’s authors (Senators Lola Smallwood-Cuevas and Maria Elena Durazo), “[i]ntersectionality is an analytical framework that sets forth that different forms of inequality operate together, exacerbate each other, and can result in amplified forms of prejudice and harm.” Earlier this year, I wrote about cases discussing intersectional employment discrimination
New Scrutiny of an Old Problem According to an IBM survey from 2023, 42% of companies use AI screening to improve recruiting and human resources,” with another 40% considering its implementation. AI-assisted hiring software offers the potential for reward (efficiency in business operations) but carries with it the risk of legal exposure. Although AI tools
Martinez joined MWM in 2018 and has been a gamechanger for the firm in terms of leadership, mentoring, and recruiting. Within her first two years at the firm, the women partner headcount increased from three to 16 and the total women attorney headcount increased from 25 to 40 percent. Martinez was quickly appointed co-chair of
“Hours Worked” to Start a Computer, Enable/Launch Applications, and Log In California requires employers to pay non-exempt workers (those who are overtime-eligible) for all “hours worked.” The state’s wage orders generally define “hours worked” as “the time during which an employee is subject to the control of an employer, and includes all the time the
Lawyers on The Best Lawyers in America list are divided by geographic region and practice areas. They are reviewed by their peers based on professional expertise and undergo an authentication process to make sure they are in current practice and in good standing. MWM is proud to have lawyers listed in Austin, Dallas, Houston, and
Munck Wilson Mandala is pleased to announce that 18 lawyers have been included in the 2025 edition of Best Lawyers: Ones to Watch, a publication that recognizes up-and-coming attorneys for their outstanding professional excellence in private practice. The majority of the MWM attorneys featured on this year’s list have been named to the list previously
In April 2024, the Federal Trade Commission issued a broad rule banning most noncompetes in for-profit businesses, subject to limited exceptions, including an exception for senior executives (defined as workers earning more than $151,164 annually who are in policymaking roles). Existing noncompete agreements would not need to be formally rescinded under the ban, but employers
Background – the Ending Forced Arbitration of Sexual Assault & Sexual Harassment Act Among the many federal legislative responses to the #MeToo movement was Public Law 117-90, a bipartisan bill that added a provision to the FAA (9 U.S.C. § 1, et seq.). New Section 402 grants a victim of sexual assault or sexual harassment the
In Dallas, MWM ranked as a Best Law Firm® in commercial litigation, copyright law, corporate law, employment law/management, insurance law, labor law/management, litigation/construction, litigation/intellectual property, litigation/labor and employment, litigation/patent, mergers and acquisitions law, patent law, sports law, technology law, and trademark law. In Austin, MWM ranked as a Best Law Firm® in administrative/regulatory law and
Legal Framework The Texas Business Court operates under Chapter 25A of the Texas Government Code, with specific rules of practice in the Texas Rules of Civil Procedure. The Court’s creation and structure were established through two key pieces of legislation: House Bill 19, which created the Business Court itself, and Senate Bill 1045, which established
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