Mark D. Temple

Experience

Wage and Hour Experience

• Represented global oilfield services company in many proposed national wage-hour class actions.
• Represented managed care companies in proposed wage-hour class actions.
• Represented CITGO Petroleum in proposed wage-hour class action attacking exempt classification of console supervisor position in refinery environment. Case dismissed on summary judgment shortly before trial and upheld by Fifth Circuit.
• Represented oilfield service company in proposed national wage-hour class action alleging improper job classification.
• Represented a national home builder in a putative class action by assistant construction managers alleging unpaid overtime, waiting time penalties, and unfair competition under a misclassification theory.
• Conducted national audit of 35+ job classifications to ensure compliance with Fair Labor Standards Act (FLSA).
• Defended demolition company in FLSA putative collective action in which current and former employees alleged claims related to off-the-clock work and failure to include commissions in the regular rate of pay.

Trade Secret and Noncompete Litigation

• Represented Callaway Golf Company and former Callaway chief club designer in lawsuit filed by Adams Golf alleging unfair competition and theft of trade secrets.
• Represented global oil and gas trading company defending allegations of trade secret theft.
• Represented oilfield services company in employee raiding case.
• Represented international company in lawsuit filed by competitor alleging theft of trade secrets.
• Represented large equipment manufacturer against competitor claiming unfair competition globally and theft of trade secrets.
• Represented industrial equipment supplier against former employee and subsequent employer alleging unfair competition and conversion of company property.
• Represented major oil and gas company in obtaining a temporary restraining order against another entity preventing disclosure of trade secrets relating to a proprietary software program for interactive modeling, inversion, and interpretation of responses from various logging tools in different oil and gas formation environments.

Other Litigation

• Obtained Rule 12(b)(6) dismissal for senior executive of North American energy infrastructure company on former employee’s claim for intentional infliction of emotional distress.
• Tried a sexual harassment and retaliation case against an oil and gas company in April 2019 in a Texas state court. The trial spanned a two-week period, with the jury returning a unanimous defense verdict.
• Tried age and gender discrimination case filed by former vice president against international fund advisor company attacking decisions of C-suite executives.

Advice and Counsel on Corporate Transactions

• Provided employment law advice to Atlas Pipeline Partners, L.P. on its acquisition of 100 percent of the equity interests of TEAK Midstream, LLC, a privately owned midstream operator, for $1 billion in cash, and, as part of the acquisition's financing, on the issuance of $400 million of Series D convertible preferred securities.
• Provided employment law advice Marathon Petroleum Corporation (MCP) on its purchase of BP’s Texas City refinery, three intrastate natural gas liquids pipelines originating at the refinery, an allocation of BP’s Colonial Pipeline Company shipper history, four terminals, retail marketing contract assignments for approximately 1,200 branded sites, and a 1,040 MW cogeneration facility for a base purchase price of $598 million, plus inventories estimated as $1.2 billion and an earnout provision under which MPC could pay up to an additional $700 million over six years, subject to certain conditions.
• Provided employment law advice to Atlas Pipeline Partners, L.P. on its acquisition of 100 percent of the equity interests in three wholly-owned subsidiaries of Cardinal Midstream, LLC for $603.4 million.

Memberships

• Texas Bar Foundation
  • Fellow
  • Nominating Committee

Community

• Texas Prison System: Faith-Based Program, Teacher
• JP/HRO (Haiti relief – in country): Volunteer
• Houston Food Bank: Group Coordinator