David Markham Minces

David M. Minces has practiced law since 2000 and has been Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization since 2007. Much of his practice is devoted to handling employment litigation matters from the case investigation stage through oral argument before appellate courts. Mr. Minces has a history of successfully representing clients in state and federal trial courts and appellate courts.

Before founding his law firm, Mr. Minces was special counsel in the Houston office of Adams and Reese LLP (among the largest 200 law firms in the United States) and a co-founder of two other law firms. In addition to his employment law experience, Mr. Minces has represented clients in lawsuits involving allegations of fraud, defamation, medical/dental malpractice, product liability, construction defects, premises liability, negligence resulting in personal injury and other general litigation.

To protect clients’ interests, Mr. Minces routinely helps them find proactive solutions to personnel problems in order to avoid litigation. Mr. Minces also gives presentations to business professionals on labor and employment law issues.

Mr. Minces has been repeatedly recognized as a “Rising Star” by SuperLawyers and Texas Monthly Magazine and was named among Strathmore’s “Who’s Who” of American lawyers. In 2017 he was named a “Top Lawyer” by Houstonia Magazine. He is rated AV Preeminent by Martindale-Hubbell, a peer rating for the highest level of professional excellence. Mr. Minces is admitted to practice in the Northern, Southern, Eastern and Western Districts of Texas, the Eastern and Western Districts of Arkansas, the Fifth Circuit Court of Appeals, the Eighth Circuit Court of Appeals, the Southern District of Indiana, the Southern District of Mississippi, and the Northern District of Ohio.

In 2000, Mr. Minces earned his Juris Doctorate from Southern Methodist University School of Law, where he was successful in Mock Trial and Moot Court competitions. While in law school, he served as Administrative Editor for the Computer Law Review & Technology Journal. In 1993, he received his bachelor’s degree in journalism from the University of Nebraska and was a member of AE Rho National Journalism Society. Mr. Minces graduated with minors in English, history and psychology.

Before practicing law, Mr. Minces worked at the Institute for Reading Development as a reading instructor for children, college students and adult professionals, and also at the Texas Legislative Council as a Legislative Proofreader for the Texas Legislature during the 75th Legislative Session. Mr. Minces has extensive experience working with children of all ages in hospital, athletic and juvenile detention settings and was once a preschool director.

Mr. Minces enjoys spending time with his wife and two children, coaching elementary school students in University Interscholastic League (UIL) competitions and participating in a wide variety of fitness activities. Mr. Minces was certified as a fitness trainer in 2000 and has taught “boot camp” classes to adult professionals. When he is not at the courthouse or otherwise advocating for a client, you can often find Mr. Minces on a field somewhere coaching the Silver Stars, the Cheetahs, the Red Sharks, the Red Racers, the Soccer Ninjas, the Scorpions or some other youth sports team.

Juris Doctor, SMU Dedman School of Law, Dallas, Texas | 2000

• Finalist in mock trial and moot court competitions | 1999
• Best Brief finalist |1998
• Administrative Editor, Computer Law Review and Technology Journal | 1998-2000

Bachelor of Journalism, University of Nebraska-Lincoln, Lincoln, Nebraska | 1993

• Minors in English, history, psychology
• Member, AE Rho National Journalism Society

Owner, Minces PLLC, Bellaire, Texas | October 2014-present

Own and manage boutique law firm that represents companies and individuals in labor and employment disputes, with heavy emphasis on litigation in state and federal courts. Work includes hourly billable work and contingency cases.

Owner, Mize Minces & Clark, PC Houston, Texas | June 2010-October 2014

Owner and principal in boutique law firm that represented companies and individuals in labor and employment disputes, with heavy emphasis on litigation/arbitration.

Special Counsel, Adams and Reese LLP, Houston, Texas | March 2009-June 2010

Diverse employment practice for regional law firm, with heavy emphasis on litigation.

Associate, Alaniz & Schraeder LLP, Houston, Texas | March 2004-March 2009

Lead trial counsel representing management and companies in boutique law firm with nationwide practice that represents companies in employment law disputes, with heavy emphasis on representation of industrial employers in wrongful termination lawsuits.

Trial Lawyer, Smith Gibson, PC, Houston, Texas | August 2002-March 2004

Represented individuals in general litigation practice involving personal injury, toxic tort, employment law and wrongful death causes of action.

Associate, Munisteri Sprott, Houston, Texas | November 2001-August 2002

Represented doctors in dentists in medical and dental malpractice lawsuits.

Associate, Hermes Sargent Bates LLP, Houston, Texas | September 2000-November 2001

General litigation practice for insurance defense firm.

• Houstonia Magazine, Best of Houstonia Top Lawyer | 2017
• Preeminent Rating of 5.0, Martindale-Hubbell |2016
• Texas ADR Act qualified mediator in State of Texas | 2015
• Member, College of the State Bar of Texas | 2012
• Named “Rising Star” by Texas Monthly Magazine | 2009
• Listed in Strathmore’s Who’s Who of American Lawyers | 2009
• Board Certified in Labor and Employment Law, Texas Board of Legal Specialization | 2007-present

• Recovering 100% of all plaintiffs’ unpaid overtime wages in a seven-year long collective action lawsuit against O’Connor & Associates, the largest property tax consulting firm in the United States. The 11 plaintiffs who took the case to trial were residential property tax consultants, and the Court found that all 11 were misclassified as exempt and unlawfully denied overtime pay. Pursuant to the judgment from United States District Court for the Southern District of Texas (Magistrate Judge Stacy, Houston Division), the company, its general partner, and its owners (Patrick O’Connor and Kathleen O’Connor) were found jointly and severally liable for all unpaid overtime wages plus attorney’s fees, case costs and expenses and interest. The total judgment, including attorney’s fees and costs, was just under $1,300,000. (Monique Fraser, et al. v. O’Connor & Associates, et al., Cause No. 4:11-cv-03890)
• Obtaining a unanimous jury verdict in favor of Galveston County, Texas in a Title VII retaliation lawsuit. Plaintiff alleged sexual harassment, sex discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964. Judgment rendered that Plaintiff take nothing and pay court costs. (Tomasa Duran v. Galveston County, Texas; Cause No. 3:14-cv-00186)
• Obtaining a recommendation of summary judgment in in favor of Galveston County, Texas in three-plaintiff lawsuit. All three plaintiffs alleged the County terminated them in violation of the Texas Whistleblower Act and the First Amendment of the United States Constitution and failed to provide them due process of law. Following the federal Magistrate Judge’s recommendation of dismissal, plaintiffs dismissed the case and agreed not to appeal in order to avoid prevailing party costs (Robert Powell et al. v. Galveston County, Texas; Cause No. 3:12-cv-00215)
• Obtaining summary judgment in federal court in Houston in favor of the City of Bay City, Texas on all claims asserted by plaintiffs in a four-plaintiff lawsuit that included claims of age, race, national origin and sex discrimination and also claims of unlawful retaliation (Gonzalo Ayala et al. v. City of Bay City Texas; 4:09-cv-02448)
• Recovering unpaid overtime and liquidated damages on behalf of a misclassified employee in a 1-day arbitration proceeding.
• Obtaining summary judgment on behalf of a lender in a case in which a home buyer asserted fraud, deceptive trade practices and negligence claims against the lender after his house depreciated in value during the years following the purchase transaction, alleging that the lender was “inextricably intertwined” in the sales transaction. (Jerry Judd v. Community Home Loan, LLC; Cause No. 2006-81503)
• Obtaining summary judgment in federal court in Mississippi in favor of a steel maker in a race discrimination lawsuit in which the Plaintiff, a temporary worker, alleged the steel mill first denied him a permanent job because of his race and later fired him in retaliation for filing a Charge of Discrimination with the EEOC. The plaintiff was represented by a former Mississippi Judge. (Billy Brown v. Nucor Steel Jackson, Inc.; 3:08-cv-00021)
• Obtaining summary judgment in Leon County, Texas in a worker’s compensation retaliation case and later successfully arguing the case before the Waco Court of Appeals, which affirmed summary judgment (Roger Willis v. Nucor Corporation, 282 S.W.3d 536)
• Obtaining a Recommendation of Dismissal after an ALJ trial in a “whistleblower” retaliation case brought under the Surface Transportation Assistance Act; later affirmed by the Administrative Review Board (Barrett Riess vs. Vulcraft-Texas, 2008-STA-00011)
• Obtaining a unanimous jury verdict in federal court in Arkansas in a Title VII race discrimination lawsuit in which a longstanding employee was demoted following a series of peer reviews that he claimed were a sham (Gerry Harris v. Nucor Corporation, 2007 WL 1526427)
• Obtaining a unanimous jury verdict in state court in Houston in favor of a grocery store in a non-subscriber premises liability lawsuit in which a former employee sought $1,000,000 at trial for damages to his cervical spine that he claimed resulted from a work-related injury (Paul Bustillos v. Fiesta Mart, Cause No. 2003-24830)
• Obtaining summary judgment on Title VII claims of hostile work environment, denial of promotions and constructive discharge (Algernoa Crenshaw v. Nucor Corporation, 2008 WL 2561935)
• Obtaining summary judgment in a Family and Medical Leave Act (FMLA) interference and retaliation case in which the plaintiff alleged that he was unlawful terminated following his participation in substance abuse treatment (Talmadge Scobey v. Nucor Corporation, 580 F.3d 781)
• Obtaining total victory in favor of a steel maker in a worker’s compensation retaliation case in Leon County, Texas after the Plaintiff voluntarily dismissed the entire case with prejudice during his deposition (David Jensen v. Nucor Corporation, Cause No. PI-05-516 in the District Court of Leon County, Texas)

• Personnel Law Training Course | U.S. Department of Housing and Urban Development Office of General Counsel, Office of Ethics and Personnel Law CLE | 2017
• Wage and Hour 101 discussion of Fair Labor Standards Act | Houston Metropolitan Paralegal Association, CLE Luncheon |2016
• The Triangle of Death: Overlap and Interplay between Texas Workers Compensation Law, The Family Medical Leave Act (FMLA), and the Americans with Disabilities Act (ADA) | Gulf Coast Safety Institute, Lunch and Learn CLE |2016
• Legal Aspects of Recordkeeping | Gulf Coast Safety Institute, Lunch and Learn CLE |2016
• Overview of Workers Compensation Retaliation Law and Litigation Strategy | Houston Bar Association, Labor and Employment Law Section |2011