Overview

Marc Klein is an attorney in Holland & Knight's Dallas office, where he represents employers in all aspects of employment and labor and employment-based immigration law. Mr. Klein's practice focuses on counseling clients on day-to-day personnel matters, handling administrative proceedings and investigations before federal and state governmental agencies, and representing management in employment litigation, including claims for discrimination, harassment, retaliation and wrongful discharge.

Mr. Klein also advises management on such corporate immigration matters as the preparation of nonimmigrant and immigrant employment-based visa petitions for foreign national employees and compliance with federal immigration laws, including developing successful strategies so multinational companies may lawfully transfer executives, managers and specialized-knowledge personnel to the United States. In addition, Mr. Klein represents foreign investors who desire to reside temporarily in the United States or seek U.S. permanent resident status.

Mr. Klein is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization.

Representative Experience

  • Obtained summary judgment for a wholly owned U.S. subsidiary of a Korean tobacco company on former sales executives' race and national-origin-discrimination claims that employer replaced them with Korean employees despite allegedly announcing that it had eliminated their positions
  • Obtained summary judgment for a wholly owned U.S. subsidiary of a foreign state-owned company on former expatriate employee's constructive-discharge claim that involved alleged pregnancy discrimination and retaliation
  • Obtained summary judgment for an offshore drilling company in action alleging same-sex sexual harassment and retaliation
  • Obtained summary judgment on a Sabine Pilot wrongful discharge claim where plaintiff alleged that outside counsel had instructed plaintiff to perjure himself at co-worker's Jones Act trial
  • Obtained summary judgment for offshore drilling company in racial harassment and retaliation lawsuit
  • Obtained affirmance of summary judgment from the S. Court of Appeals for the Fifth Circuit in a Family and Medical Leave Act (FMLA) retaliation and breach-of-contract case
  • Obtained summary judgment for an employee-staffing company in a federal action alleging sexual harassment and retaliation

  • Assisted an Italian architectural restoration and conservation firm with establishing a treaty-investor E-2 visa strategy under which essential-skills technicians obtained authorization to work on a specialized concrete project at a preeminent art museum
  • Obtained approval of extraordinary-ability O-1 and immigrant visa petitions for various individuals engaged in the fields of science, education and the arts, including a conductor of a world-renowned symphony orchestra, art museum curator, youth orchestra educator, plant pathologist and geophysicists
  • Prepared and obtained U.S. Citizenship and Immigration Services (USCIS) approval of blanket L-1 visa petitions for various multinational corporations
  • Assisted clients in responding to notices of audit and challenging notices of intent to fine from the S. Immigration and Customs Enforcement (ICE), as well as contesting adverse U.S. Department of Labor (DOL) administrator's determinations
  • Formulated and implemented a treaty-trader E-1 visa-application strategy for a large Mexican beer manufacturer to enable the transfer of marketing and promotions personnel to the United States
  • Represented foreign nationals in acquiring lawful permanent resident status through investment in a Regional Center (EB-5)

Credentials

Education
  • University of Pennsylvania Law School, J.D.
  • Duke University, B.S., magna cum laude
Bar Admissions/Licenses
  • Texas
Court Admissions
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. District Court for the Eastern District of 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 Western District of Texas
Memberships
  • Retina Foundation of the Southwest, Board of Directors, 2003-2012, 2014-Present; Secretary, 2010-2012; Board of Trustees, 1999-2003
  • Texas Board of Legal Specialization, Labor and Employment Law Advisory Commission Chairman, 2011; Member, 2006-2011
  • Dallas Children's Museum, Board of Directors, 2002-2006
  • American Bar Association, Labor and Employment Law Section
  • State Bar of Texas, Labor and Employment Law Section; Immigration Law Section
  • Dallas Bar Association, Employment Law Section
  • American Immigration Lawyers Association
Honors & Awards
  • The Best Lawyers in America guide, Employment Law-Management, 2016-2022
  • Best Lawyers in Dallas, D Magazine, Immigration, 2018, 2021
  • Texas Super Lawyers magazine, Employment & Labor, 2008, 2013-2020
  • Rising Star, Texas Super Lawyers magazine, Employment & Labor, Immigration, 2004-2005

Publications

News