Gary Fowler, Esq., is a nationally recognized mediator and arbitrator with more than 35 years of experience resolving complex labor and employment, health care, and commercial disputes. Board certified in labor and employment law by the Texas Board of Legal Specialization since 1994, he has mediated and arbitrated significant matters involving trade secrets, executive compensation, restrictive covenants, wage and hour disputes, ERISA, reductions-in-force, disability, and employment and retaliation discrimination claims. His work spans workplaces and jurisdictions across the country, making him a trusted neutral in employment and high-stakes disputes.

Representative Matters

• Mediation and Arbitration
Mr. Fowler has served as mediator in complex employment, health care, and commercial cases, including the following:
• Frequently engaged to mediate disputes concerning trade secrets, restrictive covenant, and equity agreements 
• Mediation of significant disputes involving senior-level employees and multi-party disputes in the aerospace, defense, and energy sectors
• Mediation of wage and hour collective and class action matters
• Mediation of equity compensation disputes
• Mediation of complex discrimination, harassment, and retaliation cases across multiple industries and jurisdictions
• Mediation of disputes of doctors in medical practices
• Mediation of disputes involving IT and software directors, and employees
Mr. Fowler has served as arbitrator in complex employment, health care, and commercial cases, including hearings to final awards in disputes like the following:


• Multi-party case involving employment and franchise issues with complex issues of arbitrability and allegations of fraud and breach of contract
• Multi-party case involving departing employees in mortgage lending industry
• Dispute between software service provider and health care provider
• Equity compensation dispute involving start-up company in alternative building materials industry
• Wage and hour matters under the Fair Labor Standards Act
• Discrimination 
• Dispute among professionals in health care provider firm
• ERISA fiduciary breach case involving the simultaneous arbitration of six claimants in a complex “busted class” case alleging breach of fiduciary duty under ERISA
• Discrimination and Sarbanes Oxley case involving medical software company
• Disability discrimination and failure to accommodate case involving technology provider
• Breach of contract case involving digital marketplace platform company 
• Consumer finance disputes
• Arbitrator in Fair Labor Standards Act (FLSA) cases involving class and collective actions, including issuance of an interim award on key issue leading to early resolution of matter
Mr. Fowler has also served as an Emergency Arbitrator in disputes, such as requests for immediate injunctive relief.

In addition to JAMS, Mr. Fowler is also an arbitrator panelist through the American Health Lawyers Association and the Federal Mediation and Conciliation Service.
• Employment Law

In addition to his experience as a mediator and arbitrator, Mr. Fowler brings the depth of his 35 years of experience in labor and employment, including litigation, mediation, and arbitration in the following areas:

• Representation including mediations, arbitrations, administrative proceedings, and trial or other final judgment in multiple jurisdictions throughout the country of companies and executives in all areas of labor and employment law, including discrimination, wage and hour, employment contract, harassment, retaliation, OSHA, workers compensation, unfair labor practice charges, union representation proceedings, drug testing, family and medical leave, age discrimination, independent contractor, joint employer and Texas Payday Act matters
• Representation of companies and executives in complex litigation involving executive compensation
• Negotiation and execution of executive employment contracts and severance agreements, representing both executives and companies, including CEOs of major retail, pharmaceutical, staffing and home building companies
• Numerous injunction hearings in covenants not to compete, covenants not to solicit customers and employees, and trade secrets across multiple industries, representing companies and individuals, including retail, personnel, utility, banking and commercial companies
• Representation of companies in wage and hour matters, including collective and class actions under the FLSA and state laws, including cases in multiple jurisdictions (e.g., Arizona, California)
• Representation of hospitals, doctors, clinics, medical software and other medical entities and professionals regarding physician contracts, covenants not to compete, discrimination and other employment issues
• Labor and employment counsel as part of the deal team on behalf of both buyer and seller in the negotiation of equity, acquisition and other significant corporate transactions, including health care, hospitality, energy and real estate companies
• Representation of media and entertainment companies in talent and other employment contracts (including negotiation on behalf of a major city symphony with its nationally preeminent conductor), preemption of a state law claim under a labor contract, covenants not to compete, discrimination, libel, defamation and sales commission disputes
• Representation of companies (and a nonprofit entity) in unfair labor practice, union representation and matters under the National Labor Relations Act, including argument on a Fifth Circuit case involving LMRA preemption
• Representation of nonprofit organizations, including churches, charities, religious schools and sports associations, in employment and related matters
• Work with U.S. and international counsel on labor and employment issues, including cross-border employees and reductions in force
• Representation in OSHA charges and other administrative matters before the NLRB and Department of Labor
• Service as a mock arbitrator in a union-management discipline grievance under the Railway Labor Act
• Health Care
Mr. Fowler’s practice in labor and employment law included extensive representation of health care companies:

• Advised and represented doctors, management companies, health care technology, hospitals, and medical suppliers on corporate, merger and acquisition, employment, physician compensation, covenants not to compete, whistleblower, partnership disputes, privacy, and related compliance and litigation matters
• Negotiated and resolved cases representing medical professionals and health care companies involving scope and enforceability of restrictive covenants and physician compensation
• Business Commercial
Mr. Fowler built his practice on a foundation of commercial litigation throughout his career, including:

• Litigation involving the attempted hostile takeover of a U.S. insurance company working with prominent legal scholars on constitutional issues based on preemption under the international commerce clause
• Litigation involving the Texas receivership of a foreign insurance company, including allegations of fraud against a Texas utility company
• Successful representation of a major publication company in federal court in New York in a putative class action alleging misrepresentation in advertising sales
• Trade secret and breach of fiduciary matters on behalf of companies and individuals
• Representation and counseling of law, accounting and professional firms, as well as advice to individual professionals, on covenants not to compete, trade secrets and professional liability
• Representation and successful resolution of claims for negligent hiring in matters involving theft by former employees
• Representation of homeowners’ associations on claims challenging or enforcing HOA restriction and architecture violations, as well as employment matters, including successful resolution of an unfair labor practice under the National Labor Relations Act
• Representation of landowners, restaurants and retailers under civil rights laws, Title III of the ADA and state law disability claims in public accommodations

Honors, Memberships, and Professional Activities

Memberships and Affiliations

• Fellow, College of Labor & Employment Lawyers, 2018-2025
• Member, Committee on Credentials for Admission, 2022-2025
• Co-Chair, DFW Area Mentorship Program for Labor & Employment Lawyers, 2022-2024
• Board Certified, Labor and Employment Law, Texas Board of Legal Specialization, 1994–2025
• Recognized by Best Lawyers in America
• Lawyer of the Year – Dallas, Employment Law – Management, 2017
• Lawyer of the Year – Dallas, Labor Law – Management, 2020
• Arbitration, 2024
• Mediation, 2024
• Employment Law – Management, 2011–2023
• Labor Law – Management, 2011–2023
• Litigation – Labor & Employment, 2020–2024
• "Best Lawyers in Dallas" List - D Magazine, 2008–2009, 2011–2013, 2018, 2024
• Super Lawyers, Labor and Employment, 2003-2022
• Association of Attorney Mediators, 2019–2025
• Texas Association of Mediators, 2019–2025
• DFW Arbitration Study Group, 2016-2025
• American Bar Association, 1984–2025 (Labor and Employment and Dispute Resolution sections)
• State Bar of Texas, 1984-2025 (Alternative Dispute Resolution and Labor and Employment Sections)
• Dallas Bar Association, 1993-2025 (ADR, Business Litigation, and Labor and Employment Sections)
• Member, Equal Access to Justice Campaign, Dallas Volunteer Attorney Program
• Director, Community Service Foundation, 2016-2025
• Council Member, Labor & Employment Section, 2025-2010, 2025
• Council Member, ADR Section, 2025
• Co-Chair, Pro Bono Activities Committee, 2025
• Chair, Labor and Employment Section, Dallas Bar Association, 2009
• Austin Bar Association, 1986-1991, 2021-2025 (Civil Litigation, ADR, and Labor & Employment sections)
• Greater Houston Labor and Employment Relations Association (2022-2025)
• Chair, Employment Law Committee, Media Law Resource Center, 2019–2021
• Member, SMU HR Roundtable, 2003–2013
• Texas Bar Foundation, 2008–2025
• American Bar Foundation, 2021–2025
• American Health Lawyers Association, 2021-2025
• Board of Visitors, Honors College of Texas Christian University, 2012–2023
• Board of Governors, Dallas Symphony Orchestra, 2012–2020
• Board of Directors, Greater Dallas Youth Orchestra, 2004–2011
  
  

Selected Publications and Presentations

• Speaker/Panelist, “Negotiations,” State Bar of Texas, Labor & Employment Law Section (January 2024)
• Speaker, “Mediator Perspectives on Mediation: What Works (and Doesn’t) in Employment Mediations,” Austin Bar Association, Labor & Employment Law Section (January 2025)
• Speaker/Panelist (with Karl Bayer), “Building Relationships between In-House and Outside Counsel through the Use of ADR,” Austin IP Inn of Court (November 2024)
• Author (with Karl Bayer), “Mediating Trade Secret Cases: Insights for In-House Counsel,” Corporate Counsel, October 16, 2024
• Speaker/Panelist, “Scoring Big in Mediation,” Eastern District of Texas Bench Bar Conference (October 2024)
• Speaker/Panelist, “Labor and Employment Disputes: Current Trends, Litigation Strategy, and Fostering a Culture to Reduce Risk,” ALM General Counsel Conference Southwest (September 2024)
• Speaker/Panelist, “Closing the Deal: Settlement Terms After the “Agreement in Principle,” Advanced Attorney-Mediator Training & Annual Meeting, Association of Attorney-Mediators (April 2024)
• Speaker/Panelist, “Methods to Make Mediation Work for You (& Your Client),” 25th Annual Conference, Texas Aggie Bar Association (March 2024)
• Author, “Top Eight Mediation Tips for Employment Disputes,” Headnotes, Dallas Bar Association, February 2024
• Speaker, “Mediation and Settlement of FLSA Collective Actions,” Dallas Bar Association, Labor & Employment Law Section (February 2024)\
• Speaker/Panelist, “Negotiations,” State Bar of Texas, Labor & Employment Law Section (January 2024)
• Speaker, “Mediating Employee Trade Secret Disputes,” Austin Bar Association, Labor & Employment Section (January 2024)
• Speaker, “What Works (and Doesn't) in Mediation and Arbitration,” National Employment Lawyers Association, DFW Chapter (April 2023)
• Speaker, “Recent Arbitration Developments: A Discussion,” DFW Arbitration Study Group (March 2023)
• Speaker/Panelist (with Cecilia Morgan, Hon. Christine Nowak, and Karen Fitzgerald), “Resolving Sexual Harassment Matters Via Mediation,” Advanced Alternative Dispute Resolution, State Bar of Texas, ADR Section (January 2023)
• Speaker, “ADR Update: Congress, the Courts, the FLSA, and More,” Austin Bar Association, Labor & Employment Section (January 2023)
• Author, “Effective Preparation for FLSA Mediations: Top Tips for Corporate Counsel,” Corporate Counsel, January 19, 2023
• Author, “Remote Work Is Still a Focus of Mediation and Arbitration Cases,” Bloomberg Law, December 28, 2022
• Speaker/Panelist, “Developments in Mediating Harassment and Gender Discrimination Cases,” Association of Attorney Mediators Advanced Attorney-Mediator Training & Fall CLE Seminar (November 2022)
• Speaker, “Mediating and Arbitrating Covenants Not to Compete,” Dallas Bar Association Labor & Employment Section (October 2022)
• Speaker/Panelist, “The Many Roads to ADR : ADR As A Second Career,” ABA Dispute Resolution Mediation Committee (September 2022)
• Speaker, “Mediating and Arbitrating Noncompete Matters,” North Dallas Bar Association (September 2022)
• Speaker/Panelist, “The Changing Legal Landscape of Mediating Sexual Harassment Cases,” Dallas Bar Association, ADR Section (August 2022)
• Speaker, “Alternative Dispute Resolution,” 32nd Annual Labor and Employment Law Institute, State Bar of Texas Labor & Employment Section (August 2022)
• Author (with Cecilia Morgan), “Resolving Sexual Harassment Matters Via Mediation,” Headnotes (Dallas Bar Association July 2022)
• Author, “Reducing Litigation Costs in Noncompete Litigation: Employee’s and New Employer’s Perspectives (Part Two of Two),” Texas Lawyer, April 5, 2022
• Author, “Reducing Litigation Costs in Noncompete Litigation: Former Employer’s Perspective (Part 1 of 2), Texas Lawyer, March 17, 2022
• Speaker, “Mediation of Noncompetes in Media Companies,” Media Law Resource Committee (March 2022)
• Speaker/Panelist, "Trade Secrets and Noncompete Covenants in the New Employment Environment,” December 2021 (presented by JAMS and Texas Lawbook)
• Speaker, “Mediating and Arbitrating Non-Competes and Trade Secrets,” State Bar of Texas Labor & Employment Law Section’s Summer CLE Series, June 2021
• Speaker/Panelist, "Alternative Dispute Resolution in the Current Administration” (panelist with Cecilia Morgan), American Bar Association ADR Practice Management, Business, and Skills Development Committee, March 2021
• Speaker, “Mediation and Arbitration of Disputes Involving Non-Competition Agreements and Trade Secrets,” Dallas Bar Association Alternative Dispute Resolution Section and Labor and Employment Section, February 2021
• Speaker, “Virtual Mediation” (with Cecilia Morgan and Joe Gillespie), JAMS, June 2020.
• Speaker, “Videoconference Procedures for Arbitration Hearings” (with William Hartsfield), DFW Arbitration Study Group, April 2020
• Speaker, "Covenants Not to Compete: Where We Are and Where We've Been" (with Jacqueline Johnson), Dallas Bar Association, April 2019
• Author, “A Slap at Employment Law? A Look at the Impact of Texas Citizens Participation Act in 2017," Texas Lawyer, December 1, 2017
• Speaker, “2013 Case Law Update and Legislative Review,” 8th Annual Employment Practices Liability Insurance Seminar by ExecuSummit, October 2013
• Speaker, “Alternative Workforces: Minimizing Liability for Joint Employment and Contractor Misclassification” (with James M. Nelson), Stafford Webinar, September 2013
• Speaker, “Covenants Not to Compete in the Broadcast Industry,”  Media Law Resource Center Employment Law Committee, April 2013
• Speaker, "Harassment in the Workplace: Dangerous Liaisons," State Bar of Texas 10th Annual Advanced Business Law Course, November 1-2, 2012
• Speaker, “Employment Law 2012: Hot Topics for CPAs in Their Practices,” Southwest Practice Management Group of CPAs, October 2012
• Speaker, “Plunging into the Quagmire of Marsh: New Issues in Noncompetes” (with Monica Latin, Elizabeth Thompson and Donna McElroy), American Law Institute (ALI CLE), July 2012
• Author, “Covenants Not to Compete: The Swinging Pendulum of Enforceability,” Corporate Counsel Review, 2012
• Speaker, “Litigation Pitfalls When Drafting Executive Compensation Agreements,” Executive Compensation Course, State Bar of Texas, May 2008.

Background and Education

• Jackson Walker L.L.P., Dallas, 2000–2021

• Equity Partner, 2000–2021
• Co-Chair, Labor and Employment Section, 2013–2021

• Adjunct Professor of Law, SMU Dedman School of Law, Disability Discrimination, 1995-1996
• Jenkens & Gilchrist, P.C., Dallas, 1991–2000

• Partner, 1993–2000
• Attorney, 1991–1992

• Littler Mendelson, Dallas, 1992–1993
• Small, Craig & Werkenthin, Austin, 1986–1991
• Law Clerk to Hon. Sam D. Johnson, United States Court of Appeals for the Fifth Circuit, 1984–1986
• J.D., Yale Law School, 1984
• B.A., summa cum laude, Texas Christian University, 1981