Marc H. Klein
Partner
Overview
Marc Klein is an attorney in Holland & Knight's Dallas office, where he represents employers in all aspects of employment and labor law, and employment-based and business 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.
In addition, Mr. Klein advises management on compliance with the Immigration Reform and Control Act (IRCA), provides strategic immigration-related guidance and risk analysis in connection with corporate transactions (including assessment of employment eligibility and formulating pathways to ensure employees may continue working lawfully without interruption), develops successful approaches so multinational companies may lawfully transfer executives, managers and specialized-knowledge personnel to the United States, and prepares nonimmigrant and immigrant petitions for foreign national employees. Mr. Klein also represents foreign investors who desire to reside temporarily in the United States or seek U.S. permanent resident status and lawful permanent residents who wish to become naturalized U.S. citizens.
Mr. Klein is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization. He previously served as a chairman and member on the Labor and Employment Law Advisory Commission for the Texas Board of Legal Specialization.
Representative Experience
- Assisted a Korean staffing company with obtaining E-2 visas for multiple field technicians assigned to install and maintain state-of-the-art semiconductor-manufacturing equipment at a Samsung facility in Taylor, Texas
- Replaced original counsel and successfully overcame notice of intent to revoke previously approved H-1B visa petition and subsequent request for evidence for technology consulting firm accused of fraudulently representing employment terms
- 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 construction project at the Kimbell 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 U.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)
- Advised an offshore drilling company on integration issues resulting from corporate transactions, including reductions-in-force and compliance with the Worker Adjustment Retraining and Notification Act (the WARN Act)
- Counseled numerous nonprofit organizations in connection with the hiring and separation of executive directors and other senior leadership team members, including interfacing with public relations firms to help ensure appropriate internal and external messaging
- Represented a railroad in multiple Family and Medical Leave Act (FMLA) complaints filed with the U.S. Department of Labor in connection with COVID-19-related absences and a new attendance policy
- 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 an expatriate employee's constructive-discharge claim that involved alleged pregnancy discrimination and retaliation
- Obtained summary judgment for an offshore drilling company in an 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 a co-worker's Jones Act trial
- Obtained summary judgment for an offshore drilling company in a racial-harassment and retaliation lawsuit
- Obtained affirmance of summary judgment from the U.S. Court of Appeals for the Fifth Circuit in an FMLA retaliation and breach-of-contract case
- Obtained summary judgment for an employee-staffing company in a federal action alleging sexual harassment and retaliation
Credentials
- University of Pennsylvania Law School, J.D.
- Duke University, B.S., magna cum laude
- Texas
- 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
- U.S. District Court for the District of Colorado
- Retina Foundation of the Southwest, Board of Directors, 2003-2012, 2014-2023; Secretary, 2010-2012; Board of Trustees, 1999-2003
- 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
- The Best Lawyers in America guide, Employment Law-Management, 2016-2025
- Texas Super Lawyers magazine, 2008, 2013-2024
- Best Lawyers in Dallas, D Magazine, Immigration, 2018, 2021
- Rising Star, Texas Super Lawyers magazine, 2004-2005