Mr. Stephen E. Fox

Stephen Fox is a partner in the firm's Labor and Employment and Business Trials Practice Groups in the firm's Dallas office.

Areas of Practice

Steve has spent more than 25 years in boardrooms and courtrooms acting as a trusted advisor and litigation advocate for clients - from Fortune 500 corporations to entrepreneurs - in complicated and often high-profile business and employment disputes. Consistently recognized by peers and clients in state and national surveys as a “go-to” courtroom advocate, Steve is the only lawyer in Texas to be inducted as a fellow into the nationally prestigious College of Labor and Employment Lawyers and selected by his peers as one of the top 100 attorneys in Texas.

Steve’s advice/counseling and trial practice is focused on complex business and employment litigation. His business litigation experience includes trying cases involving:

•theft of intellectual property;
•breaches of contract and fiduciary duties;
•business torts (fraud, unfair competition and defamation);
•corporate espionage;
•whistleblowing and qui tam actions; and
•securities fraud.

One of Steve’s cases is enshrined in the Texas Jury Trial Hall of Fame. In that case, Steve led the trial effort of a renowned computer-game developer and company executive against one of the world’s largest video game publishers for breaching a stock option agreement, securing a jury verdict of $28 million (and a judgment of $32 million). The National Law Journal identified the award as one of the Top Verdicts in the country.

In the area of labor and employment law, clients look to Steve for proactive and practical recommendations to avoid litigation. But, when disagreements or disputes end up in the courtroom or in arbitration, Steve is a vigorous advocate, successfully trying cases in a myriad of areas, including:

•non-competition violations;
•trade secret theft;
•executive departures;
•wage and hour compliance and collective actions;
•corporate downsizing;
•leaves of absence (ADA and FMLA);
•sexual harassment investigations; and
•compliance with federal/state anti-discrimination and retaliation statutes.

Steve’s recent defense of one of the country’s largest grocery retail merchandising brokers in a wage and hour collective action helped secure Texas Lawyer’s “Litigation Section of the Year” award. In that case, 50 former employees sought to secure collective action status to represent a class of potentially 20,000 employees. After extensive discovery and briefing, the court summarily rejected the plaintiffs’ efforts to conditionally certify the class.

Steve’s ability to synthesize complex facts and arguments into understandable and memorable pieces of information makes him a compelling courtroom advocate, as well as a frequent resource to print, broadcast and radio media. He often appears on local television and radio stations and is quoted or mentioned in many national publications, including Law360, Washington Post, The Wall Street Journal, Dallas Morning News, Houston Chronicle, Austin American-Statesmen, The Bureau of National Affairs, The National Law Journal, Christian Science Monitor, American Way Magazine, Entrepreneur Magazine, Modern Healthcare, Aventura, Orlando Business Journal, Dallas Business Journal and Fort Worth Business Press.

Honors

Lawyer of the Year (Litigation - Labor & Employment), Best Lawyers, 2020

Best Lawyers in America (Litigation - Labor and Employment; Commercial Litigation), Best Lawyers, 2006-2020

Recommended Lawyer - Labor and Employment, Legal 500, 2019

Cannabis Law Expert, Databird, 2018

Labor and Employment Star - South, Benchmark Litigation, 2019-2020

Texas Super Lawyers, Super Lawyers, 2003-2019

Top 100 Attorneys in Texas, Texas Monthly, 2014-2018

D Magazine “Best Lawyers in Dallas,” 2001, 2005, 2007-2020

Insights

Articles

•Are No-Poach Agreements Becoming Extinct?
Texas Lawyer, 05.20.2019
•State Laws Affecting Employers' Rights to Regulate Firearms in the Workplace
Employment Relations Today-State Regulations Update (Wiley Online), 11.2015
•NLRB Further Extends Its Reach Into Non-Unionized Workplaces with Guidance About Company Handbooks
Texas Lawyer, 06.30.2015
•No Good Deed Goes Unpunished: Document Preservation Notice May Violate SOX
Health Care Compliance Association, 06.15.2015
•DOL Releases Controversial Proposal, Signifying Regulatory Intent to Expand Fiduciary Standard
Polsinelli At Work Blog, 04.15.2015
•Prescription for Preemption: Texas High Court Strikes Down Hurdles To Arbitration In Care Provider/Patient Agreements
Texas Law Book, 04.15.2015
•Pregnant Pause: U.S. Supreme Court Reinstates Pregnancy Discrimination Suit Against UPS
Polsinelli At Work Blog, 03.31.2015
•Headscarf Headache: Supreme Court Considers EEOC's Case Against Abercrombie
Texas Law Book, 03.11.2015
•Does California's Law on Covenants Not to Compete Hurt or Help You?
Fish Litigation Blog, 08.29.2013
•Get Used to it: Recent Rulings Cement Arbitration Acceptance
Dallas Bar Association Headnotes, 02.2013
•Redefining Noncompete Clauses
Dallas Business Journal, 10.2011
•Contributing Author to national publications, Covenants Not To Compete: State by State Survey (BNA); Employee Duty of Loyalty: State by State Survey (BNA); and Trade Secrets: State by State Survey (BNA)

Labor and Employment Law Blog Posts

• Go Home, Dallas: County Enacts 'Shelter in Place' Order in Wake of Pandemic, March 23, 2020
• Are No-Poach Agreements Becoming Extinct? August 20, 2019
• Uber Drivers’ Class Action Lawsuit Hits Permanent Red Light, April 24, 2018
• Texas Federal Court Rules That Anti-Discrimination Statute Protects Transgender Individuals, April 19, 2018

Books

•Trial Techniques for the Labor & Employment Law Practitioner: Chapter 12
07.2019

Media Mentions

•Movers & Shakers Feature
The Deal, 04.20.2018
•Sheppard Mullin Opens Dallas office
World Intellectual Property Review, 04.17.2018
•Sheppard Mullin Enters Texas Market With Dallas Office
Law360, 04.16.2018
•Sheppard Mullin Officially Opens Dallas Office
The Texas Lawbook, 04.16.2018
•Sheppard Mullin Launches Dallas Office
Texas Lawyer, 04.16.2018
•5 Tips For Employers To Protect Their Trade Secrets
Law360, 03.28.2018
•Texas to Take Up Employer Access to Social Media Passwords
Law360, 01.03.2013

Speaking Engagements

•Legal Exchange, The HRSouthwest Conference, Fort Worth, TX, October 17, 2018
•Clearing the Smoke: Workplace Drug Policies and Marijuana Use, The HRSouthwest Conference, Fort Worth, TX, October 17, 2018
•Workplace Religious Accommodations: EEOC Guidance and Court Developments, Strafford Publications Webinar, March 28, 2018
•Trial Techniques and Strategies for Litigating Damages, Trial and Appellate Advocacy Subcommittee, Employment Rights & Responsibilities Mid-Winter Meeting, Clearwater, FL, March 2018
•Jury Selection in the Digital Age, National CLE Conference, Vail, CO, January 2018
•Protecting Intellectual Property and Litigating Trade Secret Theft, Polsinelli’s Kansas City Labor & Employment Law Seminar, Oct. 2017
•Offers of Judgment in Employment Litigation, Strafford Publications Webinar, September 2017
•Jury Selection in Employment Litigation: Preparing for Voir Dire, Identifying Bias, Leveraging Strikes, Strafford Publications Webinar, July 2017
•Protecting Intellectual Property and Litigating Trade Secret Theft, Polsinelli Labor & Employment Law Seminar, Dallas, TX, May 2017
•Reductions in Force: Minimizing Employer Liability for Layoffs, Rise Smart Webinar, April 2017
•Arguing Discovery Motions Wale Considering the Consequences at Trial: Tell that to the Judge!, Trial and Appellate Advocacy Subcommittee, Employment Rights & Responsibilities Mid-Winter Meeting, Puerto Vallarta, Mexico, March 2017
•Discovery Objections Under the New Federal Rules, National CLE Conference, Aspen, CO, January 2017
•Protecting intellectual Property Assets Through Use of Restrictive Covenants, HR Southwest Conference, Ft. Worth, TX, October 2016
•Hot Topics in Labor and Employment Law, HR Southwest Conference, Ft. Worth, TX, October 2016
•Reductions in Force-Minimizing Legal Liability, HR Southwest Conference, Ft. Worth, TX, October 2016
•Whistleblowers: Maintaining a Culture of Compliance (and Litigating Claims When it Fails), Polsinelli Labor & Employment Law Annual Conference, Denver, CO, September 2016
•Essential Non-Compete and Trade Secret Law: A Practical Guide to Talent Management, University of Texas School of Law CLE, Dallas, TX, September 2016
•The Ruby Files: The Case of the Disappearing Secrets and an independent Contractor, Polsinelli Labor & Employment Law Webinar, August 2016
•Leveraging Technology in the Courtroom: Planning and Creating Winning Digital Trial Presentations, Strafford Publications Webinar, July 2016
•Hot Trends in Employment Law, Business Law institute, Dallas, TX, June 2016
•Defend Trade Secrets Act of 2016: Substance and Strategies, Polsinelli Labor & Employment Law Webinar, May 2016
•False Claims Act for Labor & Employment and Health Care Practitioners, Polsinelli/Bennett Thrasher False Claims Act Conference, Atlanta, GA, April 2016
•Jury Selection in Employment Litigation: Preparing for Voir Dire, Identifying Bias, Leveraging Strikes, Strafford Publications Webinar, April 2016
•Best Practices for Using Experts at Deposition and Trial, Trial and Appellate Advocacy Subcommittee, Employment Rights & Responsibilities Mid-Winter Meeting, New Orleans, LA, March 2016
•Best in Class Discovery Strategies for Employment Litigation, National CLE Conference, Vail, CO, January 2016
•FLSA: Proposed Rulemaking land Off-the-Clock Trends, Poisinelli at the Zoo Conference, Ft. Worth, TX, November 2015
•Patents Are Not For Everyone: Protecting Ideas Using Trade Secret Law Rather Than the Patent System, The Licensing Journal, November 1, 2014
•Offers of Judgment in Employment Litigation: Guidance Since Genesis: Leveraging Rule 68 as a Strategic Tool to Minimize Damages and Moot Claims, Strafford Publications Webinar, Nov. 24, 2014
•Legal Issues in Public Health Emergencies, Dallas Bar Association, January 20, 2015
•Iqbal, Shmiqbal: Have The 'New Pleading Standards Really Made a Difference In Employment Litigation?, Employment Rights & Responsibilities Committee Mid-Winter Meeting, March 24, 2015
•Jury Selection in Employment Litigation: Preparing for Voir Dire, Identifying Bias, Leveraging Strikes, Strafford Publications Webinar, April 1, 2015
•Fair Labor Standards Act Update: Minimizing Liability As DOL Intensifies Enforcement Efforts, Polsinelli PC Webinar, May 20, 2015
•Protecting Intellectual Property in the Face of a Mobile Workforce, Polisinelli PC L&E National Conference, June 3, 2015
•Protecting Intellectual Property Assets-Using and Enforcing Restrictive Covenants (Non-Compete Agreements) In Texas, Dallas HR, June 9, 2015
•SOX, OSHA, and Beyond: Litigating Whistleblower Claims at the DOL, American Bar Association, Labor & Employment Section, Employment Rights & Responsibilities Committee, October 15, 2015
•Investigation on Trial: Anatomy of a Good and Bad Workplace Investigation, Association of Work Place Investigators Annual Conference, October 23, 2015
•Social Media in the Work Place: Have You Seen Her Twitter? Balancing Investigations and Privacy Rights, SHRM HR Southwest Annual Conference, October 26, 2015
•Arbitration in the Work Place: The Good, the Bad and the Ugly, SHRM HR Southwest Annual Conference, October 27, 2015
•License to Sue: How the New Texas Uniform Trade Secrets Act Adds to Your Arsenal Against Trade Secret Theft and Corporate Espionage, IP Law Section, Dallas Bar Association, December 2013.
•Certification in Employment Class Claims: Leveraging Comcast and Dukes, Strafford Publications Webinar, November 2013
•Offers of Judgment in Employment Litigation After the Genesis Ruling Leveraging Rule 68 as a Strategic Tool to Minimize Damages and Moot Claims, Strafford Publications Webinar, September 2013
•Antitrust Update for Patents, State Bar of Texas IP Conference, Albuquerque, NM, July 2013
•Jury Selection in Employment Litigation: Preparing for Voir Dire and Selecting the Best Jury for the Case, Strafford Publications Webinar, April 2013 (author and speaker)
•How to Pick ‘Em: Everything You Need to Know About Jury Selection, American Bar Association, Employment Rights & Responsibilities Midwinter Meeting, Miami, FL, March 2013 (author and speaker)
•Business Torts Issues in an Employment Context, Texas BarCLE, Dallas, TX, October 2009
•The “Cutting Edge” Employment Law Update - Don't be Caught Unaware of New Laws and Changing Judicial Directions, 2009 HR Southwest, Human Resources Conference and Exposition, Forth Worth, TX, October 2009
•iPods Rock!!! Or Do They?, Overtime Risks Arising Out of the Use of Wireless Gizmos--Policy Essentials for the 24/7 Workweek, 2009 HR Southwest, Human Resources Conference and Exposition, Forth Worth, TX, October 2009 (author and speaker)
•Religious Discrimination in the Workplace, 2009 HR Southwest, Human Resources Conference and Exposition, Forth Worth, TX, October 2009
•Non-Competes, Non-Solicits, Injunctive Relief and Much More: Protecting or Pirating (Legally) Human Capital in Texas, TexasBar CLE Webcast, July 2009
•An Employer’s Guide to Safely Navigating Selected FLSA Issues, Employee Rights and Responsibilities Committee, 2009 Mid-Winter Meeting, Key West, FL, March 2009
•ADA Amendments Act of 2008: New Litigation Threat, Stafford Publications Webinar, November 2008
•Avoiding and Defending Religious Discrimination Claims in the Workplace, Stafford Publications Audiocast, October 2008 (author and speaker)
•Arbitration: Still a Good Idea for Employers?, 2008 HR Southwest, Human Resources Conference and Exposition, Forth Worth, TX, October 2008
•On the Cutting Edge: Employment Law Update, 2008 HR Southwest, Human Resources Conference and Exposition, Forth Worth, TX, October 2008
•E-Discovery: What’s Practical for Employers and Employers (Part I, Intermediate Level), ABA Labor and Employment Section Annual Conference, Denver, CO, September 2008
•Employment Law Update for the HR Professional, Dallas Human Resource Management Association, Annual Employment Law Conference, Dallas, TX, April 2008
•Idea for a Horror Film: ESI Meets the Hearsay Rule, Employee Rights and Responsibilities Committee, 2008 Mid-Winter Meeting, Dana Point, CA, March 2008
•Employment Law Update for the HR Professional, Dallas Human Resource Management Association, Monthly Luncheon Meeting, Dallas, TX, November 2007
•“How to Do It Right” Track: Witness Interviews and Evaluation of Evidence, ABA Labor and Employment Section Annual Conference, Philadelphia, PA, November 2007
•Note to Self on Employee References: Damned if You Do and Damned if You Don’t!!, 2007 HR Southwest, Human Resources Conference and Exposition, Forth Worth, TX, October 2007
•Shredding Documents and Keeping Secrets? It’s Not Always a Bad Thing. Identity Theft Issues Employers Should Know About, Southwest, Human Resources Conference and Exposition, Forth Worth, TX, October 2007 (author and speaker)
•The Sheshunoff Decision: Three Different Concepts of Enforceability and Their Implications for the Future, State Bar of Texas, Dallas, TX, February 2007
•New Rules for Non-Competes: The Sheshunoff Shuffle, TexasBar CLE Webcast, Austin, TX, November 2006
•Reaching Employee Conduct Beyond the Workplace: What are Employers' Limits?, 2006 HR Southwest, Human Resources Conference and Exposition, Forth Worth, TX, October 2006
•Use of Electronic Discovery in Non-Compete Litigation, Employee Rights and Responsibilities Committee, 2006 Mid-Winter Meeting, Puerto Vallarta, Mexico
•Covenants Not to Compete in Texas and the Related Common Law Causes of Action, 13th Annual Conference on Labor and Employment Law, Austin, TX, May 2006

Events

•Workplace Religious Accommodations: Practical Guidance for Employers
Clear Law Institute Webinar, 05.29.2018