Mark Fahleson

Education: 

University of Nebraska–Lincoln, B.S., 1989; University of Nebraska College of Law, J.D., with high distinction, 1992, Order of the Coif, Editor-in-Chief, Nebraska Law Review

States: 

Nebraska

Industries: 

Automotive

,

Construction

,

Energy & Utilities

,

Financial Services

,

Government

,

Health Care

,

Individuals

,

Insurance

,

Manufacturing

,

Nonprofits

,

Agriculture

,

Professional Services

,

Restaurants, Retail & Hospitality

,

Technology

,

Transportation

,

Mark serves as an attorney and advisor to businesses, organizations, insurers, governmental bodies/officials, and individuals, providing strategic advice and practical counsel on the issues they face. When litigation becomes unavoidable, His zealous yet cost-effective representation has resulted in numerous successful verdicts from federal and state court judges and juries. Whether it involves employment law, agriculture or government relations, Mark's expertise and skill has earned him recognition, including being named as the Employment Law (Management-Side) Attorney 2021 “Lawyer of the Year” for Lincoln, Nebraska by The Best Lawyers in America©.

  • State ex rel. Wagner v. Evnen, 307 Neb. 142, 948 N.W.2d 244 (2020)(successfully challenged ballot measure to prevent inclusion on November 2020 statewide ballot)
  • Mills v. Hastings Utilities, No. 4:18-CV-3149, 2020 WL 30589 (D. Neb. Jan. 2, 2020)(successfully obtained summary judgment for employer in ADEA case)
  • Nebraska Ass’n of Public Employees et. al v. State of Nebraska, Nebraska Dept. of Correctional Services, CIR Case No. 1448 (Oct. 26, 2018)(successfully defended state agency’s unilateral implementation of body-worn camera requirement for corrections staff);
  • Rasby v. Pillen, No. 8:15CV226, 2017 WL 11485725 (D. Neb. Sept. 29, 2017), aff’d, 905 F.3d 1097 (8th Cir. 2018)(successfully obtained summary judgment on former employee/owners claims of duress/undue influence, fraudulent misrepresentation, securities fraud, loss of corporate opportunities, and breach of fiduciary duty)
  • Strode v. City of Ashland, 295 Neb. 44, 886 N.W.2d 293 (2016)(successfully defended action alleging inverse condemnation/constitutional taking).
  • Nebraska Association of Public Employees, Local 61 of the American Federation of State, County and Municipal Employees v. the State of Nebraska, Nebraska Department of Correctional Services, 2016 WL 536686, January 25, 2016 (No. 1399)(successfully defended State against prohibited practice charge filed by Union).
  • Freeman v. GNS Corp., No. 4:14-CV-3203, 2015 WL 4622609 (D. Neb. July 30, 2015)(successfully obtained summary judgment on former employee’s race discrimination claims)
  • Barnhardt v. Open Harvest Cooperative, 742 F.3d 365 (8th Cir. 2014) (successfully obtained and defended summary judgment on ERISA, FMLA, ADA and age claims)
  • Rosberg v. Johnson, 284 Neb. 104, 815 N.W.2d 867, 2012 WL 2865598, Neb., July 13, 2012 (NO. S-11-734)(successfully defended incumbent Nebraska Public Service Commissioners in election challenge)
  • Washington v. Resort Lifestyle Communities, 2012 WL 1884901, W.D.Tex., May 23, 2012 (NO. A-11-CV-407 LY)(successively obtained summary judgment on claims of race and color discrimination)
  • City of Waverly v. Hedrick, 283 Neb. 464, 810 N.W.2d 706, 2012 WL 752314, Neb., March 09, 2012 (NO. S-11-333)(successfully defended municipality on nuisance lien issue arising out of condemnation proceeding)
  • Ginsburg v. Concordia University, 2011 WL 839393 and 2011 WL 41891, 111 Fair Empl.Prac.Cas. (BNA) 441, D.Neb., 2011 (NO. 4:10CV3064)(obtained summary judgment and attorneys’ fee award against plaintiff on religious discrimination claim)
  • Nebraska Public Advocate v. Nebraska Public Service Com’n, 279 Neb. 543, 779 N.W.2d 328, 2010 WL 744285, Util. L. Rep. P 27,094, Neb., March 05, 2010 (NO. S-09-600)(successfully defended utility against ratemaking challenge)
  • Aon Consulting, Inc. v. Midlands Financial Benefits, Inc., 275 Neb. 642, 748 N.W.2d 626, 2008 WL 2004273, 27 IER Cases 1029, Neb., May 09, 2008 (NO. S-06-1256, S-07-034)(obtained directed verdict on claims of tortious interference by new employer involving noncompetition agreement)
  • Herrera v. Midwest Medical Transport Co., 2007 WL 1725270, D.Neb., June 12, 2007 (NO. 7:06CV5016)(obtained summary judgment on claims of sex discrimination, harassment and retaliation)
  • City of Ashland v. Strode, 2007 WL 1276944, Neb.App., May 01, 2007 (NO. A-05-467)(obtained judgment and injunctive relief against use of real property in violation of municipal code)
  • City of Ashland v. Ashland Salvage, Inc., 271 Neb. 362, 711 N.W.2d 861, 2006 WL 903587, Neb., April 07, 2006 (NO. S-04-1365)(successfully defended municipality in challenge over cleanup of nuisance and disputed property)
  • In re Brown, 270 Neb. 891, 708 N.W.2d 251, 2006 WL 73588, Neb., January 13, 2006 (NO. S-34-050002(represented Nebraska State Bar Commission on appeal of issue of first impression involving application for admission to Nebraska bar by Canadian attorney)
  • Bon Homme County Com’n v. American Federation of State, County, and Mun. Employees (AF-SCME), Local 1743A, 699 N.W.2d 441, 2005 WL 1415027, 177 L.R.R.M. (BNA) 2990, 2005 S.D. 76, S.D., June 15, 2005 (NO. 22721, 22720)(defended South Dakota counties in unfair labor practice cases arising out of collective bargaining)
  • Haight v. Katch, L.L.C., 2005 WL 1221205, 177 L.R.R.M. (BNA) 2570, 151 Lab.Cas. P 10,499, D.Neb., May 20, 2005 (NO. 4:04CV3363)(obtained summary judgment in USERRA failure-to-reemploy case)
  • Jensen v. Insur, Inc., 2004 WL 2216486, Neb.App., October 05, 2004 (NO. A-02-1411)(obtained summary judgment on claims by former employee/shareholder alleging tortious interference and wrongful termination)
  • Martin v. Bonnevilla Homes, 2003 WL 21496607, Neb.App., July 01, 2003 (NO. A-02-1173)(successfully defended self-insured employer on catastrophic workers’ compensation claim)
  • Huber v. High Plains Corp., 2001 WL 34808711, D.Neb., July 16, 2001 (NO. 4:00-CV-3242)(successfully obtained summary judgment on sexual harassment claim)
  • N.L.R.B. v. Cook Family Foods, Ltd., 47 F.3d 809, 1995 WL 66943, 148 L.R.R.M. (BNA) 2513, 129 Lab.Cas. P 11,285, 1995 Fed.App. 0062P, C.A.6, February 21, 1995 (NO. 94-5386, 93-6488)(represented employer in unfair labor practice proceeding arising out of representation election)
  • Defense Research Institute
    - Law Institute (2015-2018, 2021 to present)
    - Chair, Employment & Labor Law Committee (2010-2012)
    - Davis Carr Outstanding Committee Chair Award (2012)
    - Annual Meeting Steering Committee (2015)
  • National Foundation for Judicial Excellence
    - Planning Committee Vice-Chair (2021-present)
  • Federation of Defense & Corporate Counsel (2021-present)
  • International Association of Defense Counsel
    - Employment Law Committee, Chair (2014-2016)
  • Nebraska Defense Counsel Association
    - Board of Directors (2011-2016)
  • Nebraska State Bar Association, Labor Relations & Employment Law Section
    - Executive Committee, (2001-2008)
    - Chair (2007-009)
    - Vice Chair (2005-2007)
    - Program Chair, Employment Law Seminar (2003)
  • Federal Practice Committee, U.S. District Court (District of Nebraska)
    - Vice-Chair (2022-present)
  • Robert Van Pelt Inns of Court (2015 to present)
  • American Agricultural Law Association (2016 to present)
  • Lincoln Bar Association (2010 to present)
    - Board of Trustees
  • Nebraska FFA Foundation (2019 to present)
  • Nebraska State Fair Board
    - Board Member (2014-2017)
  • Madonna Rehabilitation Hospital
    - Board of Directors (2014 to present)
    - Executive Committee (2016 to present)
    - Chairman (2017-2021)
    - Secretary (2016-2017)
  • Midland University
    - Chair (2021 to present)
    - Secretary (2019-2021)
  • Lutheran Education Foundation
    Board of Directors (2000 to present)
    - Executive Committee (2010-2020)
    - President (2011-2013)
  • Lincoln Rotary Club 14
    - Secretary (2000-2001)
    - Board of Directors (2000-2003)
  • Nebraska Republican Party
    - Chairman (2009-2013)
  • Republican National Committee (2009-2013)
  • Adjunct Professor – Employment Law and Employment Discrimination, University of
    Nebraska College of Law
  • Leading Individual – Employment & Labor Lawyers in Nebraska, Chambers USA
    - Leading Lawyers for Business (2006-present)
    - Labor & Employment: ERISA – Nebraska – Band 1 (2017)
  • The Best Lawyers in America®
    - “Lawyer of the Year,” Lincoln, Nebraska, Employment Law – Management (2014,
        2017, 2019, 2021, 2022)
    - “Lawyer of the Year,” Lincoln, Nebraska, Labor Law – Management (2007 to present)
  • Great Plains Super Lawyers, Employment & Labor/General Litigation (2007-present)
  • Super Lawyers Corporate Counsel Edition, Employment & Labor (2007-present)
    - Top 10 Nebraska Super Lawyers List (2012)

  • Make it Worth the Paper It's Written On: Key Considerations in Drafting and Reviewing Employment Agreements in Nebraska. The Nebraska Lawyer (Nov./Dec. 2020)
  • Obesity. A Big Problem for Employers?, For the Defense. DRI Publication (January 2016)
  • The Playground, the Classroom and Beyond: Addressing Sexual Misconduct in Educational and Religious Institutions, In-House Defense Quarterly (Spring 2014)
  • Attention Practitioners: Employment Noncompetition Provisions are Enforceable in Nebraska–Sort Of. The Nebraska Lawyer, 2-14. (Oct. 2000)
  • On the Basis of Sex: Gender Discrimination and Pay Equity in the Workplace, March 2022
  • Can Your Organization Benefit from Employee Assessments?, February 2022
  • New Year’s Resolutions for Your Workplace, January 2022
  • Nebraska Telecommunications Association, December 2021
  • 2021 in the Rearview Mirror: What We Learned That May Help Reduce Your Workplace Risks in 2022 and Beyond, December 2021
  • Biden Unveils COVID Rule for Private-Sector Workers, November 2021
  • It’s a Matter of Faith: Religious Accommodations for Vaccinations and the Workplace, November 2021
  • Lincoln Human Resources Management Association Presentation, October 2021
  • Central NE HR Employment Issues, October 2021
  • All Things COVID: The Biden Vaccination Mandate, Recent EEOC Developments and More, October 2021
  • It’s All So Confusing! Wage & Hour Issues for Tipped Employees, September 2021
  • UNL College of Law E-Clinic Employment Presentation, May 2020
  • Nebraska State Bar Association Business Committee Employment Update, August 2021
  • We Need Bodies! Legal and Practical Issues in Attracting and Retaining Quality Employees, August 2021
  • They Did What?! Recent Employment and Labor Developments and What’s Next, July 2021
  • Lincoln Chamber of Commerce COVID Update, June 2021
  • Part 2: Getting Employees Back to Work (or Off Your Payroll) Without Getting Sued, June 2021
  • Part 1: Getting Employees Back to Work (or Off Your Payroll) Without Getting Sued, May 2021
  • April Fool or The Golden Rule? Time to Test Your Workplace Law Knowledge, April 2021
  • Central NE HR COVID Webinar, March 2021
  • You Spoke, We Listened: Answering Your Most Burning Labor and Employment Law Questions, March 2021
  • Lincoln Chamber of Commerce COVID Vaccine Guidance, February 2021
  • Leave, Leave and more Leave Leaves Employers with a Headache: Federal and State Employee Leave Developments, February 2021
  • Lessons Learned and the Road Ahead, January 2021
  • Here Comes Santa Claus…and the COVID-19 Vaccine Rollout! The Latest on All-Things COVID-19, December 2020
  • Now What? How the Election Results May Impact Employment Law and Your Workplace, November 2020
  • Workplace Ghosts, Ghouls and Goblins – Scary Employment Law Developments You Should Beware Of!, October 2020
  • Off Kilter – Managing and Executing a Trial Under Unique Circumstances, September 2020
  • Wage and Hour Roundup: COVID019 Edition, September 2020
  • Workplace Law Whack-a-Mole: Recent Employment and Labor Law Developments That Popped Up, August 2020
  • OSHA: It’s Not Just for Safety Officers Anymore, July 2020
  • NE Chamber COVID Business Liability Issues, June 2020
  • Practical HR in a Pandemic World, June 2020
  • UNL College of Law E-Clinic Employment Presentation, May 2020
  • Steadying the Ship in the COVID-19 Storm: Ten Issues Employers Must Consider Today and Tomorrow, May 2020
  • Getting Back to Work: Legal and Practical Guidance for Employers in the COVID-19 Era, April 2020
  • CARES Act, What This Means for Staff, Caddies, and Instructors, April 2020
  • Coronavirus, Unemployment and Workplace Updates: Part 4, April 2020
  • Nebraska State Bar Association Coronavirus Legal Update, March 2020
  • Coronavirus, Taxes & the Workplace: Part 3, March 2020
  • Coronavirus & the Workplace, Part 2, March 2020
  • Coronavirus & the Workplace – Anything I Need to Know?, March 2020
  • Solving the Human Capital Conundrum: Attracting and Retaining Employees in 2020 and Beyond, February 2020
  • Are Your Employees Partying Like It’s 2020? A Drug/Alcohol Testing Legal Update, January 2020

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