Mark R. Zeidman

Managing Shareholder

HOUSTON
3200 Southwest Freeway
Suite 3200
Houston, TX 77027

713.403.4200

For almost 45 years, Mark Zeidman has provided advice and counsel to business management and in-house legal counsel regarding employment issues and workplace disputes. He represents businesses in employment disputes in both state and federal courts, as well as before the Equal Employment Opportunity Commission and the Texas Workforce Commission. He also advises and assists businesses with all kinds of business transactions, agreements, and disputes involving construction, manufacturing, information technology, and government contracts.

Mark has handled and resolved, through trial, arbitration, mediation, or settlement negotiations, numerous cases and controversies involving employment discrimination, employee theft, non-competition agreements, covenants not to compete, theft of trade secrets, and non-disclosure agreements. Mark writes and negotiates a broad variety of business contracts, including NDAs, teaming agreements, master service agreements, distribution and sales representativeagreements, and assets/equity purchase and sale agreements. Mark also represents individuals and companies in cases that involve construction accidents and defects, business disputes, product liability claims, insurance coverage issues, and property and casualty claims.

Mark is head of FBFK’s Houston office.

Representative Matters

Representative Employment Law Matters

  • Created employment handbooks and specific policies for various employment situations, including COVID quarantines and vaccinations, remote work.
  • Advised clients on employment terminations and unemployment insurance claims.
  • Analyzed Small Business Administration issues and proceedings, including those unique to Tribal 8(a) firms.
  • Lead internal investigations into employee misconduct.
  • Advised clients on employment terminations, non-competes, confidentiality agreements, non-disclosure agreements, and non-circumvention agreements.
  • Advised on labor and employment issues, and litigation issues, for due diligence on purchase and sale/merger transactions.
  • Defended and successfully resolved claims of wage and hour inaccuracies.
  • Advised clients and represented them in TWC unemployment claim hearings and directed strategies in other jurisdictions.
  • Successfully responded to employees’ claims of discrimination or harassment in proceedings before the TWC and EEOC.

Other Representative Matters

  • Lead a team of M&A professionals in selling closely held businesses or their assets, and working though post-divestment tax and liability issues.
  • Successfully defended to jury verdict a large manufacturer of waterjet cutting equipment against products liability, warranty.
  • Created EULAs and SaaS agreements for software providers.
  • Established a UK subsidiary for a US company, including handling insurance, EU counsel, accounting and related set up issues.
  • Represent insureds concerned about how their cases are being handled by insurance carriers
    Advised on disputes with State of Texas regarding sales tax issues.
  • Tried approximately 50 cases involving claims of general negligence, products liability or medical negligence leading to death, personal injury or property damage.
  • Analyzed International Traffic in Arms (ITAR) regulations for government contractor client.
  • Analyzed and write distribution agreements for valve manufacturer selling in counties all over the globe.
  • Provided coverage opinions and handled insurance coverage litigation for both insurers and policyholders.
  • Tried, as co-counsel, and then authored a successful appellate brief for aircraft manufacturing client upholding favorable jury verdict in aircraft accident litigation.
  • Created subcontracts for the purchase of materials and services for government contractor clients, including NASA/Johnson Space Center activities and others nationwide.
  • Created master services agreements and subcontracts for IT services companies, including the largest IT consulting company in Houston, TX.
  • Tried discrimination claims to verdict in jury and bench trials.
  • Handled state-wide toxic tort docket for large engineering, procurement, and construction company.
  • Reviewed and advised corporate clients on insurance coverage needed for their businesses and activities, including interviews and selection of agencies of record.
  • Handled and settled thousands of claims as a senior counsel on a docket of 37,000+ properties allegedly damaged by defective plumbing materials, including several jury trials and appeals.
  • Negotiated extremely favorable settlement of cases involving a paraplegic and a death as a result of a powered scaffold accident in a refinery, on behalf of scaffold manufacturer.
  • Created and negotiated employment contracts and analyzed Service Contract Act (SCA) and Fair Labor Standards Act (FLSA) issues for several government contractors.
  • Created and negotiated employment contracts for IT services companies, temporary placement agencies, global manufacturing companies, construction companies, and other services companies.
  • Authored employment manuals for corporate clients and made periodic revisions as laws changed.

Admitted to Practice

States

  • State Bar of Texas

United States District Courts

  • Eastern District of Texas
  • Southern District of Texas
  • Western District of Texas

United States Courts of Appeals

  • Fifth Circuit

Other Admissions

  • U.S. Court of Federal Claims
  • United States District & Bankruptcy Court for the Southern District of Texas
  • United States Supreme Court

Education

  • University of Texas School of Law, J.D.
  • University of Texas at Austin, B.A.

Professional Associations & Memberships

  • Houston Bar Association, Houston Bar Foundation, Texas Bar Foundation

Recognition, Honors & Achievements

  • B.A. with Highest Honors
  • J.D. with Honors
  • Phi Beta Kappa
  • Phi Kappa Phi
Mark Zeidman - Texas Judge Strikes Down FLSA Salary Hike
Texas Judge Strikes Down FLSA Salary Hike, Restores 2019 Thresholds: Key Takeaways for Employers
Read More
Mark Zeidman - Workplace Violence Prevention Act 2
Healthcare Facilities: It’s Time to Begin Implementing the Workplace Violence Prevention Act
Read More
Dept of Labor Issues Guidance for Telework Fair Practices
Dept. of Labor Issues Guidance for Telework Fair Practices
Read More