Lee, Thomas M.

Clark is a shareholder in the Litigation Section and heads the firms Employment Law Litigation Practice Group. As a former loan officer with an MBA, Clark brings a business understanding to the realities of employment and oilfield claims. Clark is admitted to practice before the United States Supreme Court, the Fifth and Federal Circuit Courts of Appeals, and all Federal and State Courts of Texas. In 2007, the Supreme Court of Texas appointed Clark to its 12-member Board of Disciplinary Appeals. As an administrative court, the Board has all of the powers of a trial court and all the powers of an appellate court necessary to decide cases and appeals where lawyers are alleged to have violated professional rules of conduct.  Parties appeal the Board's decisions to the Supreme Court of Texas.  Clark has chaired the Board since 2009.  Clark is also a board member of the Hospice of Midland Endowment, an entity managing funds for hospice care, and he also serves on a district panel of the Unauthorized Practice of Law Committe.

AREAS OF CONCENTRATION

Employment Litigation

Clark is experienced in resolving employment disputes through his representation of employers. He has successfully represented clients before the EEOC, as well as in Federal and State Courts. Clark has experience litigating claims arising under Title VII, ADEA, FLSA, ADA, and common law causes of action which generally arise in the workplace. He defends employers on claims alleging invasion of privacy, intentional infliction of emotional distress, breach of fiduciary duty, interference with contractual relations, and numerous other causes of action arising out of the employment relationship.

In addition, Clark has drafted and negotiated employment contracts, severance agreements, non-compete covenants, confidentiality agreements, and other contractual matters arising in the employment context. Clark has also drafted and revised employee handbooks as well as general employment policies. Clark has conducted and supervised employee investigations and has advised clients in employment termination and counseling situations.

Oil and Gas Litigation

Clark has broad experience in the arena of oil and gas litigation, having represented clients in lawsuits arising from disputes over the interpretation of Joint Operating Agreements, Area of Mutual Interest Agreements, COPAS Accounting Procedures, Purchase & Sale Agreements, and lease access disputes. Although Clark generally represents operators in oil and gas litigation, he has represented a non-operator in an Area of Mutual Interest dispute which settled prior to trial for a $9 million payment to his client, and he has represented a client in an oil and gas dispute in which his client reveived a judgment in excess of $8 million. In addition to his experience with general oil and gas litigation, Clark has obtained the appointment of receivers for producing properties and has obtained temporary restraining orders and temporary injunctions in connection with oil and gas disputes.