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Stephen E. Fox

Partner
CONTACT
Dallas
T:+1.469.391.7403
CAPABILITIES
PRACTICES
  • Labor and Employment
  • Labor and Employment Litigation
  • Litigation
  • Class Action Defense
  • Intellectual Property
  • Trade Secrets
  • Global Reach
  • Canada Desk
INDUSTRIES
  • AI, Robotics and Quantum
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Stephen Fox
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Overview

Stephen Fox is a first chair trial lawyer and strategic advisor who has spent more than 25 years in boardrooms and courtrooms representing Fortune 500 companies, private equity principals and entrepreneurs in high-stakes disputes.

Leading trial teams in complex business cases involving trade secret theft, non-compete enforcement and breaches of fiduciary duty as well as complex labor and employment litigation, Steve advises on cases that threaten enterprise value, leadership stability or a company’s ability to compete.

Highly regarded for his skill in securing temporary restraining orders and preliminary injunctions that prevent misuse of confidential information, Steve has extensive experience addressing executive departure disputes and corporate espionage claims. In high-exposure employment litigation across multiple jurisdictions, Steve is highly regarded for defeating class and collective certification efforts and discrimination claims. He is a Fellow of the College of Labor and Employment Lawyers.

Steve’s strength as a trial lawyer is his ability to tell persuasive stories that resonate with judges and juries. He builds and leads tightly coordinated teams that present clear, credible narratives aligned with clients’ strategic goals. His deep knowledge of the Texas bar and longstanding professional relationships with judges and opposing counsel allow him to advocate aggressively while pursuing negotiated settlements when circumstances allow.

Steve has secured significant courtroom victories, including a $28 million jury verdict and $32 million judgment in a stock option dispute later enshrined in the Texas Jury Trial Hall of Fame and recognized by The National Law Journal as one of the nation’s Top Verdicts.

Outside the courtroom, Steve enjoys spending time with his family and is an avid tennis player, golfer and college sports fan.


Collective/Class Action Matters

  • Collective action. Led defense of market-leading grocery retail merchandising broker in wage and hour collective action brought by 50 employees who sought to secure collective action status in New Jersey to represent a class of potentially 20,000 employees based on alleged off-the-clock work (including driving commute time, time spent working in retail stores and time spent performing administrative duties before beginning of and after completion of work day). After extensive discovery and briefing, court summarily rejected plaintiffs’ efforts to conditionally certify class. The case helped secure Texas Lawyer’s “Litigation Section of the Year” award.
  • Class action. Lead counsel for national IT consulting services company in a California state law wage and hour class action alleging off-the-clock work violations (including driving commute time, time spent working at client locations and time spent performing administrative duties before beginning of and after completion of work day), meal and rest break period violations and under-payment of expenses. After demonstrating material differences between prospective class members (2,800 employees), case settled.
  • Collective action. Lead counsel in defending for-profit college system in collective action brought by outside sales representatives who claimed their positions were misclassified as exempt. After convincing California court (in a parallel action) to deny class certification status on the basis that sales representatives were exempt as “outside salespersons,” Texas Plaintiff dismissed her collective action allegations. Thereafter, court granted summary judgment on Plaintiff’s claim that employer had willfully misclassified her position. Soon thereafter, case was resolved.
  • Collective action. Led defense of nationwide mortgage broker in lawsuit brought by brokers who alleged that they had been misclassified as exempt and sought to represent class of 250 employees. After extensive discovery and submission of dispositive motion, case settled.
  • Collective action. Lead counsel for industry leading grocery retail merchandising brokers in defense of wage and hour collective action brought by retail sales representatives who alleged that employer required them to work off-the-clock and failed to compensate them for time spent driving to and from retail stores. Employees sought to conditionally certify a class of more than 15,000 full-time and part-time employees. After extensive discovery, the court granted employer’s motion to deny conditional certification.
  • Collective action. Lead counsel for Fortune 100 semiconductor design/manufacturing company in lawsuit brought by current and former employees who claimed they were not properly compensated for time spent donning and doffing cleanroom attire and walking to and from workstations within company's cleanroom facilities. Plaintiffs sought to certify class of more than 8,000 employees stationed at seven plants located in four states. Court denied Plaintiffs’ motion for conditional certification, and case was resolved.
  • Class/Collective action. Lead counsel for market-leading retail grocery merchandising broker in state law class action filed in California alleging failure to pay current and former California-based sales representatives for all hours worked by them and to reimburse them for expenses incurred in performing duties, and issued deficient wage statements to them. Plaintiff sought to represent a class of approximately 4,500 employees. After extensive discovery and employer’s submission of dispositive motion, employees agreed to resolve claims.
  • ERISA class action. Lead counsel in defending an ERISA class action brought by two pilots of an airline who claimed that airline and its benefits consulting firm breached fiduciary duties with regard to transferring their pension plans after their former employer was acquired by another airline. Obtained summary judgment, and Fifth Circuit affirmed on appeal.
  • Collective action. Lead counsel representing market-leading grocery retail merchandising brokers in wage and hour collective action brought in Tennessee by sales representatives who asserted claims on alleged off-the-clock work. Plaintiffs sought to conditionally certify a class of more than 15,000 full-time and part-time employees. After extensive discovery, court denied Plaintiffs’ motion for conditional certification, and Plaintiffs declined to appeal.
  • Employment discrimination class action. Assisted in defense of a putative class action filed by former employees of Dallas’ leading newspaper who claimed that black employees were systematically denied promotions on basis of race. Court denied Plaintiffs’ motion for class certification.
  • Employment discrimination class action. Assisted in representing market-leading technology consulting businesses in defense of class action brought by nine former employees, alleging race discrimination and retaliation. After pursuing an aggressive defense of case, court denied the plaintiffs’ motion for class certification.

Trade Secret Theft/Non-Compete/Unfair Competition Matters

  • Trade secret theft. Co-lead counsel for Fortune 50 computer/printer company in bringing hundred million dollar lawsuit against former senior-level leadership employees who, while still employed by client, covertly organized and began operating a competing business venture using client’s resources, contacts and trade secrets to steal product designs, market analyses and other confidential and proprietary business information. After prevailing in jurisdictional dispute, case settled.
  • Trade secret theft. Lead counsel for S&P 500 manufacturer of highly complex cancer detection and treatment machinery in bringing action to address theft of trade secrets by former senior-level sales executive, who downloaded thousands of electronic documents containing highly confidential sales, marketing and manufacturing information prior to departure. Obtained TRO barring executive from joining arch-competitor and, after several months of discovery, secured preliminary injunction, enjoining executive and her employer from soliciting business from customers and using client’s confidential information.
  • Trade secret theft/inevitable disclosure. Lead counsel for Fortune 500 semi-conductor design/manufacturing company in bringing state court action against senior leader responsible for developing cutting edge camera technology used in smart phones who sought to join arch-competitor in similar role. Obtained TRO and preliminary injunction against new employer and former employee prohibiting them from contacting certain customers, using client's trade secrets, and soliciting or hiring client's employees – on basis it was highly likely that former executive would use client’s confidential information in performing new job. Defeated effort by California-based competitor which filed lawsuit in California seeking to enjoin enforcement of TRO against executive.
  • Inevitable disclosure. Lead counsel for industry-leading gaming retailer in bringing action to stop company’s former Chief Financial Officer from beginning work for a competing retailer in same role. Although CFO had not signed non-compete agreement preventing her from working for a competitor, obtained TRO against CFO and, thereafter, used TRO as leverage to force acceptance of limitations on executive’s work activities at new employer.
  • Inevitable disclosure. Lead counsel in bringing action on behalf of Fortune 500 electronics firm to address departure of its Chief Marketing Officer who sought to join arch-competitor in same position. Although CMO had not signed non-compete agreement, obtained TRO on basis it was highly likely that former executive would use client’s confidential information in performing new job and, thereafter, leveraged TRO to obtain a settlement preventing former executive from working for competitor for a period of time sufficient to protect client’s trade secrets.
  • Computer Fraud and Abuse Act; breach of fiduciary duty; breach of contract. Led defense of one of the largest independent full‑service national title insurance agencies in the country in lawsuit brought against it and four employees it hired from a competing agency. Client was accused of aiding and abetting the employees’ breach of fiduciary duties based on actions that occurred prior to their departure, and of misappropriating the plaintiff-agency’s trade secrets. After filing motions to dismiss the plaintiff-agency’s breach of fiduciary duty, trade secret misappropriation, Computer Fraud and Abuse Act violations and breach of contract, case settled.
  • Trade secret theft/inevitable disclosure. Lead counsel in bringing lawsuit against nine employees and their new employer after employees abruptly resigned from Fortune 500 semi-conductor design/manufacturing company to join competing company, alleging trade secret theft and contract violations. After obtaining temporary and permanent injunctions against new employer and former employees prohibiting them from contacting certain customers, using client's trade secrets and soliciting or hiring client's employees, case settled on favorable terms.
  • Trade secret theft. Co-lead counsel for Fortune 50 computer/printer company in bringing hundred-million dollar suit against former high-level employees who, while still employed by client, covertly organized and began operating a competing business venture using client’s resources, contacts and trade secrets to steal product designs, market analyses and other confidential and proprietary business information. After prevailing in jurisdictional dispute, case settled.
  • Cyberlaw/trade secret theft. Retained by a Fortune 100 semiconductor company to serve as lead counsel to stop a former disgruntled employee who created several internet websites containing confidential information and video clips, as well as derogatory comments about the company’s officers. Obtained TRO requiring employee to take down offensive websites and, thereafter, used computer forensics to obtain permanent injunction prohibiting employee from posting company information on the internet.

Discrimination/Fiduciary Duty/Breach of Contract Matters

  • Breach of contract. Led trial effort of renowned computer-game developer and company executive against one of 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 award as one of the “Top Verdicts” in the country.
  • Breach of fiduciary duty/breach of contract. Co-lead counsel for private equity fund and its managing principal in dispute arising out of co-partner’s departure from fund. After extensive discovery and multi-week arbitration hearing, the matter was settled.
  • Section 1983. Lead counsel in defense of action against school district, its superintendent and four other senior executives in high-profile lawsuit brought by former district employee who claimed her civil rights were violated when she was placed on paid administrative leave (and later terminated) after news accounts showed potential abuse of program she oversaw. Obtained summary judgment on eve of trial, and affirmed on appeal by Fifth Circuit.
  • Section 1983. Lead counsel for Texas County and its commissioners in lawsuit filed by disgruntled employee who was terminated for violating county policy by campaigning for office during working hours and for threatening other employees. Employee asserted retaliation claim under Section 1983, alleging termination was based on his reports of misconduct by county officer and because he ran for public office. Court granted county’s motion for summary judgment and Fifth Circuit affirmed on appeal.
  • Employment discrimination/retaliation/Section 1981. Retained by one of Texas’ largest utilities for defense of lawsuit filed by then-current African-American employee who asserted retaliation claim (under Title VII and Section 1981) for complaining about company’s failure to pay for certification training even though it allegedly had done so for Caucasian employees. Obtained summary judgment.
  • Employment discrimination/retaliation. Lead counsel in defending a county and a sitting Justice of the Peace in lawsuit filed by former employee who was terminated for poor work performance. Termination occurred after employee had filed charge of discrimination, alleging gender and age discrimination and sexual harassment. After being fired, employee asserted claims for discrimination, harassment and retaliation against the county and her supervisor – the Justice of the Peace. After successfully narrowing the scope of the claims through summary judgment, lawsuit was settled on favorable terms.
  • Breach of contract and fiduciary duty. Lead trial counsel in defending Fortune 100 semiconductor firm in a multi-million dollar lawsuit brought by former vendor of quartz materials used in client’s manufacturing processes. Plaintiff asserted it entered into fiduciary relationship with client based on parties' course of dealing. When vendor's business collapsed because of market conditions and poor management, it sued for breach of contract and fiduciary duty. Obtained summary judgment on several claims, enabling client to settle on favorable terms.

Education

J.D., University of Virginia, Virginia Journal of Law & Politics, Notes Editor

B.A., University of Notre Dame, magna cum laude, Phi Beta Kappa

Admissions

Texas

U.S. District Court for the Northern District of Texas

U.S. District Court for the Southern District of Texas

U.S. District Court for the Eastern District of Texas

U.S. District Court for the Western District of Texas

U.S. District Court for the Eastern District of Michigan

The Court of Appeals for the Fifth District of Texas at Dallas

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Sixth Circuit

Best Lawyers - Hall of Fame, D Magazine, 2022

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

Best Lawyers in America (Litigation - Labor and Employment; Commercial Litigation), Best Lawyers, 2006-2026

Best Lawyers in America (Employment Law - Management), Best Lawyers, 2026

Best Lawyers in America (Labor Law - Management), Best Lawyers, 2026

Recommended Lawyer - Labor and Employment, Legal 500, 2019

Cannabis Law Expert, Databird, 2018

Labor and Employment Star, Benchmark Litigation, 2019-2023, 2026

Texas Super Lawyers, Super Lawyers, 2003-2025

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

D Magazine “Best Lawyers in Dallas,” 2001, 2005, 2007-2023, 2025-2026

D Magazine - Best Lawyers in Dallas Hall of Fame

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.

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