ATTORNEYS

Simon Whiting

Simon Whiting

Member

EMAIL

swhiting@cobbmartinez.com

TEL

214-220-5240

FAX

214-220-5299

BIOGRAPHY

Simon Whiting provides in-depth counselling and civil litigation services for solving all manner of employment-related issues and claims. A dedicated client advisor, Simon’s practice emphasizes the prevention and amicable resolution of all classes of employment matters from hiring to firing and beyond. He works hand-in-hand with corporate directors, officers, management, human resources and staff to provide training, guidance, procedures and employment agreements, and excels in troubleshooting to avoid potential liability.

When conflicts cannot be resolved and the stakes are high, Simon leverages his extensive courtroom experience to position his clients for optimal outcomes. Elected to the prestigious American Board of Trial Advocates, Simon has successfully tried over 40 cases in various courts. His experience extends to arbitration, administrative proceedings, and appellate representation. In a nutshell, Simon works to keep his clients out of trouble and litigates for them when trouble is unavoidable.

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Biography

Simon Whiting provides in-depth counselling and civil litigation services for solving all manner of employment-related issues and claims. A dedicated client advisor, Simon’s practice emphasizes the prevention and amicable resolution of all classes of employment matters from hiring to firing and beyond. He works hand-in-hand with corporate directors, officers, management, human resources and staff to provide training, guidance, procedures and employment agreements, and excels in troubleshooting to avoid potential liability.

When conflicts cannot be resolved and the stakes are high, Simon leverages his extensive courtroom experience to position his clients for optimal outcomes. Elected to the prestigious American Board of Trial Advocates, Simon has successfully tried over 40 cases in various courts. His experience extends to arbitration, administrative proceedings, and appellate representation. In a nutshell, Simon works to keep his clients out of trouble and litigates for them when trouble is unavoidable.

Practice Areas

Commercial Litigation
Labor & Employment

Education

  • Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization
  • J.D., Southern Methodist University, 1991
  • L.L.B., University of Witwatersrand, 1987
  • B.A., University of Cape Town, 1984

Admissions

  • Texas Supreme Court
  • U.S. District Courts for the Northern, Southern, Eastern and Western Districts of Texas
  • U.S. District Court for the District of New Mexico
  • 5th U.S. Circuit Court of Appeals
  • U.S. Supreme Court
  • Previously admitted to practice as an attorney before the Supreme Court of South Africa (Transvaal Provincial Division)

Experience

Simon focuses on helping companies navigate complex employment issues.  Simon has conducted hundreds of investigations in over 30 years of practice, providing the depth of experience necessary to give clients real-world training, advice and guidance on all aspects of personnel and employment matters. He regularly prepares proactive solutions documented in executive employment agreements, HR policies and procedures and confidentiality agreements designed to protect critical business information and competitive advantages.

Simon represents individuals and companies in disputes involving covenants not to compete and the protection of confidential information from both the prelitigation and litigation perspectives.

Simon has responded to over 100 charges of discrimination filed with the EEOC and Texas Workforce Commission. His experience extends to responding to administrative agencies concerning wage and hour issues, petitions to challenge F5 termination notices, and federal contractor debarment.

Simon is a trial lawyer with broad litigation experience.  He has successfully tried employment cases involving:

FMLA retaliation, disability discrimination, failure to accommodate disability, sexual harassment, race discrimination, sex discrimination, age discrimination, national origin discrimination, retaliation, workers compensation retaliation, wrongful termination for jury service, wrongful termination under Sabine Pilot; retaliatory termination under Texas Occupations Code §301.352(a), retaliatory termination under Texas Health & Safety Code §161.134, retaliatory termination under Texas Administrative Code §133.43 and breach of Physician Employment Contract.

He has successfully tried cases involving a range of civil matters, including:

breach of contract, negligence, negligent misrepresentation, common law fraud, fraud by non-disclosure, false imprisonment, fraud, intentional infliction of emotional distress, assault and battery, malicious prosecution, scientific misconduct, defamation, invasion of privacy, promissory estoppel, quantum meruit, and non-subscriber negligence.

Awards & Honors

  • Best lawyers in America 2015 – 2023- Employment Law – Management and also Litigation – Labor & Employment
  • Best Lawyers – Lawyer of the year – Employment Law Management Dallas/Fort Worth 2023
  • Assigned the highest rating by Martindale Hubbell – AV Preeminent
  • Jackson Walker Moot Court Competition Champion and Best Advocate Award

Memberships

  • State Bar of Texas
  • Dallas Bar Association
  • Dallas Bar Association Labor & Employment Section Former Chair
  • Texas Bar Foundation
  • Dallas Bar Foundation
  • Defense Research Institute
  • Society of Human Resource Management
  • Nature Conservancy of Texas
  • St. John’s Episcopal School Head’s Advisory Committee, Former President of the Board of Trustees
  • BSA Troop 577 former committee member and Crew 577 Advisor
  • Elected to American Board of Trial Advocates – Former Executive Committee member – Dallas Chapter