Mr. Shank has represented corporations and individuals in a wide range of industries including technology, banking, financial services, multi-level marketing, telecommunications, manufacturing, health care, and various service industries.
PROFESSIONAL EXPERIENCE: Obtained summary judgment in multi-million dollar gender discrimination claim on behalf of national brokerage firm, with successful defense of appeal in Fifth Circuit and U.S. Supreme Court. Represented clients in numerous internal investigations involving alleged sexual harassment, racial harassment and other allegations of mistreatment. Obtained a take-nothing verdict on behalf of a transit company on a race discrimination claim tried before a jury. Obtained an injunction for a packaging company against a former employee for taking company property and potential workplace violence. Handled numerous internal investigations involving alleged wrongful conduct by employees and former employees, including Sarbanes Oxley issues, accounting issues, and workplace misconduct issues. Successful defense and resolution of an injunction action involving purchase of a regional hospital, and claims involving breach of fiduciary duty, professional negligence, corporate governance, and ownership. Investigation involving alleged financial malfeasance and appropriateness of tax treatment within a publicly traded company. Defense and resolution of a shareholder's derivative action involving claims of wrongdoing by the CEO and CFO and involving an interpretation of Texas and Delaware law. Obtained dismissal of nationwide class action claim against arbitration association involving manner and method of selection of arbitrators. Resolved partnership and disability claims by a member of a medical partnership against the other partners Defense of a closely held software company in claims for injunctive relief and alleged self-dealing involving ownership of stock and intellectual property. Prosecution and defense of numerous injunction matters involving claims of theft, trade secrets and intellectual property, inevitable disclosure, covenants not to compete, breach of duty of loyalty, and related matters. Obtained a take-nothing jury verdict on behalf of a manufacturer involving a substantial bodily injury claim and successful defense of the appeal in the Fifth Circuit. Successful defense of company interests in wide range of arbitrations under collective bargaining agreements. Service as an arbitrator for the American Arbitration Association and as a private arbitrator in a wide range of commercial and employment disputes.
BAR ADMISSIONS: State Bar of Texas; State Bar of Missouri; U.S. Supreme Court; U.S. Court of Appeals for the Fifth Circuit; U.S. District Courts for the Northern, Eastern, Southern, and Western Districts of Texas.