Martin Thornthwaite primarily represents business clients in the areas of labor and employment law and commercial litigation. Martin's labor and employment experience includes defending clients against discrimination, harassment, retaliation, wage and hour, and unemployment benefit claims. In addition, Martin has prepared and reviewed separation agreements, employment agreements, and waivers of liability for clients. Martin also represents clients in complex business litigation matters, including contract, credit reporting, deceptive trade practice, debt collection, fraud, non-competition and trade secrets, fiduciary duty, financial suitability, and tortious interference claims.

REPRESENTATIVE EXPERIENCE

Business Litigation:

Obtained summary judgment on behalf of real estate company against an architectural firm for breach of commercial lease in the 193rd Judicial District Court in Dallas.  [2010]

Obtained summary judgment on breach of contract claims asserted by engineering and design firm client against the defendant company and obtained summary judgment and dismissal of defendant's counterclaim for breach of contract in the 116th Judicial District Court in Dallas. [2010]

Obtained a temporary injunction following a contested hearing in the 193rd Judicial District Court in Dallas related to the client's conversion claim for the return of property wrongfully held by the defendant. [2010]

Obtained a post-judgment writ of garnishment and successfully garnished defendant's corporate bank account to satisfy client's judgment. [2009]

Served as lead associate in a Financial Industry Regulatory Authority (FINRA) Arbitration matter regarding suitability and breach of fiduciary duty claims and negotiated a complete dismissal with prejudice on behalf of two Brokers/Registered Investment Advisors (RIA) without payment of any funds to Claimant. [2008]

Served as lead associate in a Financial Industry Regulatory Authority (FINRA) Arbitration matter regarding suitability and breach of fiduciary duty claims and obtained a favorable settlement following mediation below the Form U4 reporting threshold on behalf of two Brokers/Registered Investment Advisors (RIA). [2008]

Successfully represented a major insurance company as subrogee of insured and obtained a judgment for the entire amount of damages sought in Dallas District Court following a bench trial in a negligence action against an auto repair business. [2008]

Member of a litigation team that represents a national Credit Reporting Agency (CRA) as regional counsel in 18 states.

• Obtained a judgment and damages against the plaintiff on client's counterclaim in an FCRA lawsuit in the Northern District of Texas. [2010]
• Obtained a complete dismissal of all claims against CRA with no recovery to plaintiff in an FCRA lawsuit in U.S. District Court for the Northern District of Georgia. [2009]
• Obtained a complete dismissal of all claims against CRA with no recovery to plaintiff in an FCRA lawsuit in the Southern District of Texas. [2009]
• Obtained a complete dismissal of all claims against CRA in a lawsuit in federal court in the Southern District of Florida in which the plaintiff alleged violations of the Fair Credit Reporting Act (FCRA). [2008]
• Successfully negotiated with plaintiff’s counsel and secured a complete dismissal of all claims against CRA with no recovery to plaintiff in an FCRA lawsuit in the Southern District of Florida. [2008]
• Obtained favorable settlements on behalf of CRA in Texas and Arizona courts. [2008]

Labor & Employment:

Preparation of client's Affirmative Action Plan (AAP) for government contractors for submission to the Department of Labor's Employment Standards Administration's Office of Federal Contract Compliance Programs (OFCCP). [2009]

Secured a temporary restraining order in Denton County district court on behalf of client against a former employee for violating his non-compete and confidentiality agreement. [2009]

Won a reversal on appeal in a Texas Workforce Commission (TWC) Appeal Tribunal hearing on behalf of client regarding a Determination on Payment of Unemployment Benefits. [2008]

PUBLICATIONS AND PRESENTATIONS

Employers Should Pay Close Attention to Two Retaliation Cases Set for Hearing During the Supreme Court's Next Term, Labor & Employment Newsletter, August 2, 2010

New Regulations Defining Creditors' Accuracy and Investigation Duties Take Effect July 1, 2010, Strasburger & Price FCRA Blog, June 30, 2010

UPDATE - Employee Privacy: When are Employee Text Messages on Government-Issued Devices Protected?, Labor & Employment Newsletter, June 24, 2010

Serve as Contributing Editor for the FCRA Blog and author blog postings for the FCRA Blog and the Employment Law Blog

Employee Privacy: When are Employee Text Messages on Government-Issued Devices Protected?, Labor & Employment Newsletter, January 5, 2010 

Family Medical Leave Act (FMLA) Notice - Final Rule to Implement Amendments to the FMLA Becomes Effective on January 16, 2009, Labor & Employment Newsletter, January 6, 2009

Company E-mail Policies May Defeat Attorney-Client Privilege, Business & Law Newsletter, December 28, 2007

Business Update - Revised I-9 For Employment Eligibility Verification, Business & Law Newsletter, November 30, 2007

SELECTED ACCOMPLISHMENTS

Named a Texas Rising Star in Employment and Labor Law by Texas Monthly magazine and Texas Super Lawyers - Rising Stars Edition, in 2010.

Strasburger & Price New Associate of the Year Award [2008]

PROFESSIONAL AFFILIATIONS

Admitted, Texas
Admitted, U.S. District Courts for the Northern, Southern, Eastern
   and Western Districts of Texas
Admitted, U.S. District Court - District of Colorado

EDUCATION

Southern Methodist University, J.D. (cum laude) 2007
-SMU Law Review, Articles Editor
-Barristers

The University of Texas, B.B.A. 2002
-Business Honors Program