Overview
Jessica Mason is a labor and employment attorney with Foley & Lardner LLP who represents employers and executives in their labor and employment litigation pre-trial, trial and appellate matters around the United States and before administrative agencies, including the Texas Workforce Commission, the Equal Employment Opportunity Commission and the U.S. Department of Labor. Her skills have been recognized by Chambers USA: American’s Leading Business Lawyers:
"Jessica is an outstanding lawyer. She is responsive, practical and has an excellent ability to ensure that we understand the issues and the risks as we are making decisions." "She provides very practical advice and is very approachable."
Jessica has particular experience in the area of unfair competition and the protection of trade secrets. She regularly represents clients in the courtroom in matters relating to non-competition agreements and theft of trade secrets including frequently defending and prosecuting applications for emergency relief. Jessica’s experience in this area allows her to provide advice to employers at all stages of these disputes.
Jessica has an active docket of wage and hour litigation as well as significant experience in managing complaints and litigation relating to discrimination and harassment including claims made under Title VII and state law. She also advises employers and handles claims relating to the Americans with Disabilities Act, the Fair Labor Standards Act and Family and Medical Leave Act as well as employment policies, EEO compliance, hiring and termination decisions, executive agreements and separations, a wide range of personnel issues and other workplace issues. In addition, Jessica also has the understanding to advise clients on compliance with premises accessibility under the ADA, including website accessibility for the blind.
Furthermore, Jessica regularly teams with employers to provide guidance and training relative to preventative measures that reduce litigation and complaints and limit liability.
Representative Experience
Unfair Competition Representation
- Represented an innovative plastics solutions company in a suit filed against former employees where a jury returned a multimillion-dollar verdict establishing the trade secret nature of the technology and the misappropriation by the defendants
- Represented businesses across multiple industries in emergency actions, including prosecuting and defending injunction matters, often prevailing in evidentiary hearings with little to no discovery
- Represented professional services companies in several cases against employees for misappropriation of confidential information, breach of fiduciary duties and breach of non-solicitation agreements
- Represented chemical company in defense of non-compete actions and in prosecution of non-compete and trade secret actions
- Represented utility company in non-compete enforcement actions and trade secret actions in multiple jurisdictions
Trial and Litigation Experience
- Represented chemical company against harassment and discrimination lawsuit filed by employee in federal court with successful results on summary judgment
- Represented services company in trial asserting claims of Title VII discrimination, securing victory in federal court
- Represented temporary staffing agency against discrimination claim based on criminal background check filed by applicant
- Represent companies in both defending and prosecuting claims based on executive employment contracts, including equity disputes relating to departing executives
- Represented foreign defendants in special appearance hearings to avoid jurisdiction of Texas courts
- Represented employers in wage and hour disputes under the Fair Labor Standards Act for improper payment or classification of workers, including several collective actions by current and former employees
Representation Involving Federal and State Retaliation and Discrimination Laws
- Represented oil and gas services companies in many instances of litigation and charges filed by former employees alleging race, age, sex and national origin discrimination
- Represented professional services companies in defending claims regarding disability and failure to accommodate and in multiple discrimination matters
- Represented professional services companies in defending claims regarding disability and failure to accommodate
- Represented numerous companies in conducting on-site audits and analysis for compliance with Title III of the Americans with Disabilities Act, which requires the removal of obstacles that might limit access by disabled individuals
- Represented companies in matters relating to accessibility of websites and online presences relating to Title III of the Americans with Disabilities Act
- Represented companies in negotiations with state and federal agencies charged with employment oversight
Pro-Active Preventative Counseling and Representation
- Investigate and respond to EEOC and state agency charges of discrimination
- Assisting employers in developing and managing ADA and FMLA leaves, policies and practices
- In-house training of employers on anti-discrimination and respectful workplace training
- Conduct training of managers regarding strategies to avoid litigation or governmental investigations
- Draft policies and procedures and guidelines to help companies comply with federal and state laws
- Assist employers in the documentation and initiation of terminations and mass layoffs in conjunction with federal and state laws including the Age Discrimination in Employment Act, OWBPA and WARN
- Train HR on handling harassment and discrimination complaints
- Assist premises owners and operators in complying with the requirements of the Americans with Disabilities Act relating to the accessibility of public accommodations
Professional Affiliations
- Member, State Bar of Texas
- Member, Anti-Defamation League, Executive Committee
- Fellow, Texas Bar Foundation
Honors & Awards
- Recognized, Chambers USA: America’s Leading Lawyers for Business in the practice area of Employment & Labor (2021, 2022)
- Selected by her peers for inclusion in The Best Lawyers in America© in the field of Employment Law – Management (2020-2024)
- Recognized, Texas Super Lawyers®, a Thomson Reuters business, as published in Texas Super Lawyers Magazine
- Employment & Labor (2017-2021)
- Recognized, Top 50 Women Lawyers, National Diversity Counsel (2019)
- Recognized, Texas Rising Star by Super Lawyers®, a Thomson Reuters business, as published in Texas Super Lawyers Magazine
- Employment & Labor (2010, 2012-2017)
- Recipient, Daniel R. Ginsberg Leadership Award, Anti-Defamation League (National, 2011)
Education
- University of Houston Law Center (J.D., magna cum laude, 2005)
- Alumni developments editor, Houston Law Review
- Member, Order of the Coif
- Member, Order of the Barons Honor Society
- Recipient, Neel & Hooper P.C. Award
- English and Sociology
Admissions
- Texas (2005)
- Texas State Courts (2005)
- U.S. District Court for the Eastern, Northern, Southern and Western Districts of Texas
- U.S. Court of Appeals for the Fifth Circuit